HOUSE DOCKET, NO. 4466        FILED ON: 9/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4133

The Commonwealth of Massachusetts

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PRESENTED BY:

Patricia A. Duffy

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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 social consumption sites.

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PETITION OF:

HOUSE DOCKET, NO. 4466        FILED ON: 9/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4133

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to social consumption sites.

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 3 of MGL Chapter 94G is hereby amended by striking subsection (b) and replacing with the following:-

(b) The city council of a city and the board of selectmen or town council of a town shall, upon the filing with the city or town clerk of a petition meeting the requirements of this subsection and signed by not fewer than 10 per cent of the number of voters of such city or town voting at the preceding biennial state election, request that the question of whether to allow, in such city or town, the sale of marijuana and marijuana products for consumption on the premises where sold be submitted to the voters of such city or town, shall cause the following question to be placed on the ballot:

Shall this [city or town] allow the sale of marijuana and marijuana products, as those terms are defined in G.L. c.94G, §1, for consumption on the premises where sold, a summary of which appears below?

A fair and concise summary of the question shall be prepared by the city solicitor or town counsel.

If a majority of the votes cast in the city or town are not in favor of allowing the consumption of marijuana or marijuana products on the premises where sold, such city or town shall not have authorized the consumption of marijuana and marijuana products on the premises where sold.

The petition shall be on a form prepared by the secretary of the commonwealth, and shall be submitted forthwith after filing to the board of registrars or election commissioners who shall have seven days after receipt to certify the signatures of registered voters. Upon certification of the signatures, the question shall be placed upon the ballot at the next occurring regular municipal or state election, provided that the question may only appear on a municipal ballot for an election to be held at least 35 days after certification. To have the question appear on the biennial state election, the city or town clerk must provide notice, including the ballot question and summary as prepared by the city solicitor or town counsel, to the secretary of the commonwealth no later than the first Wednesday in August before that election.

As an alternative to a local voter initiative petition, a city or town may, through an ordinance or by-law, allow the consumption of marijuana or marijuana products on the premises where sold. No local voter initiative shall be required if the sale of marijuana and marijuana products for consumption on the premises is authorized by local law.

SECTION 2. MGL Chapter 270, Section 22, shall be amended by 

(1) adding the following definition to subsection (a):-

“Licensed marijuana social consumption establishment”, a facility or venue approved by the Cannabis Control Commission for sale of marijuana for consumption on the premises

(2) adding to subsection (c), a new subsection 5 ½:

“A licensed marijuana social consumption establishment.”