SENATE DOCKET, NO. 1842        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1077

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to marijuana product packaging and labeling.

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PETITION OF:

SENATE DOCKET, NO. 1842        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1077

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to marijuana product packaging and labeling.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 4 of chapter 94G of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking subsections (9) and (10).

SECTION 2. Chapter 94G of the General Laws is hereby amended by inserting after section 14 the following sections:-

Section 15. (a) The commission shall establish packaging requirements for marijuana and marijuana products. Packaging for marijuana and marijuana products shall be:

(1) opaque;

(2) colored grey;

(3) child-resistant; and

(4) devoid of cartoon characters or bright colors, and shall not be designed in a way that is especially appealing to minors.

(b) The commission shall establish labeling requirements for marijuana and marijuana products which shall include:

(1) a symbol or other easily recognizable mark indicating that the package contains marijuana;

(2) an identification of the marijuana cultivator who produced the marijuana;

(3) an identification of the marijuana product manufacturer who produced the marijuana product and an identification of the marijuana cultivator who produced the marijuana used to make the marijuana product;

(4) the amount of delta-9 tetrahydrocannabinol in a package of marijuana or marijuana product expressed as a percentage of volume;

(5) a “best by” date;

(6) the number of servings in a package and a list of ingredients and possible allergens;

(7) a legal warning that it is a violation of federal law to carry marijuana or marijuana product outside of the commonwealth;

(8) a standard health warning developed by the department of public health; and

(9) marijuana products shall be marked with a symbol or other easily recognizable mark indicating that the product contains marijuana so that it is identifiable when removed from packaging.

Section 16. (a) A marijuana cultivator or marijuana product manufacturer shall obtain approval from the commission for all marijuana product labeling and packaging prior to offering these items for sale to a marijuana retailer. The marijuana cultivator or marijuana product manufacturer shall submit a photo of the product, labeling, and packaging to the commission for approval.

(b) A decision shall be sent to the marijuana cultivator or marijuana product manufacturer within 5 working days from the receipt of the required information.

(c) If additional information or detail is necessary to make a decision, the commission shall request that information within 5 working days of the submission requesting additional information. In said case, the commission will receive an additional 5 working days to make a decision from the receipt of the additional information requested from the marijuana cultivator or marijuana product manufacturer.

(d) If the commission denies the product, label, or packaging, a notice of denial shall be sent to the marijuana cultivator or marijuana product manufacturer with an explanation of the denial and the marijuana establishment’s right to appeal.

(e) The commission may stop the sale of any marijuana product that poses an immediate threat to the public in the interest of the public health of the commonwealth.