HOUSE DOCKET, NO. 3771        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3589

The Commonwealth of Massachusetts

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PRESENTED BY:

Nicholas A. Boldyga

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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 concerning the legalization of certain natural plants and fungi.

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PETITION OF:

HOUSE DOCKET, NO. 3771        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3589

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act concerning the legalization of certain natural plants and fungi.

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

Chapter 94C of the General Laws is hereby amended by inserting after section 32L the following section:-

Section 32L½. (a) Notwithstanding any general or special law to the contrary, possession, use, ingestion, cultivation, transportation or transferring without financial gain of not more than 2 grams of a controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of section 31 by a person who is 21 years of age or older shall not be subject to any form of criminal or civil punishment or disqualification. The weight of the controlled substance subject to the provisions of this section shall exclude the weight of water and plant or fungi materials that are part of the controlled substance.

(b) Neither the commonwealth nor any of its political subdivisions or their respective agencies, authorities or instrumentalities may impose any form of penalty, sanction or disqualification on a person 21 years of age or older for the possession, use, ingestion, cultivation, transportation or transferring without financial gain of not more than 2 grams of a controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of section 31. Such penalty, sanction or disqualification shall include, but not be limited to, the denial of professional licenses, mental and behavioral health services, student financial aid, public housing or any form of public financial assistance including unemployment benefits, the right to operate a motor vehicle or disqualification from serving as a foster parent or adoptive parent. The possession, use, ingestion, cultivation, transportation or transferring without financial gain of not more than 2 grams of a controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of section 31 by a person 21 years of age or older shall not serve as the sole basis for a child welfare investigation.

(c) Information concerning the possession, use, ingestion, cultivation, transportation or transferring without financial gain of not more than 2 grams of a controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of section 31 shall not be deemed ''criminal offender record information,'' ''evaluative information,'' or ''intelligence information'' as those terms are defined in section 167 of chapter 6 and shall not be recorded in the criminal offender record information system.

(d) A political subdivision of the commonwealth shall not enact ordinances or bylaws regulating or prohibiting conduct contrary to the provisions of this section.