Consolidated Amendment "A" to H3768

Agriculture

Amendments: 9, 56, 71, 75, 77, 78, 83, 90, and 110.

Mr. Dempsey of Haverhill and others move to amend H.3768, in section 2, in line 671, by inserting after clause (33), the following new 2 clauses:-

“(34)  administer a craft marijuana cultivator marijuana cooperative program in order to promote and encourage full participation in the regulated marijuana industry by farmers and small businesses; including but not limited to, the following criteria: (i) ownership interests in a marijuana cultivator cooperative is limited to not more than 40 per cent by any single individual or entity; (ii) a marijuana cultivator cooperative be limited to not more than 15,000 square feet of growing space cultivation capacity; and (iii) a reasonable fee for licensure as a marijuana cultivate marijuana cooperative program.  For the purposes of this clause, the term “Craft Cultivator Marijuana Cooperative”, shall mean a type of marijuana cultivator that is a cooperative comprised of residents of the commonwealth.

(35)  develop recommendations, in consultation with the department of agricultural resources, to ensure farmers’ access to cannabis licenses and to allow for the growth, cultivation, production and harvest of marijuana on farm or agricultural lands.  The recommendations shall include but not be limited to; (i) lands protected under an agricultural preservation restriction, to the extent permitted by state and federal law; and (ii) the inclusion of cannabis and industrial hemp as land in horticultural use for the purposes of assessment and taxation pursuant to the provisions of chapter 61A.

The commission shall report to the general court its recommendations and any drafts of legislation necessary to carry its recommendations into effect, by filing the report with the clerk of the house of representatives and clerk of the senate within six months of the effective date of this act.

And moves to further amend said section 2, by striking out, in line 1458, the figure “12” and inserting in place thereof the following figure:- “13”;

And moves to further amend said section 2, in line 1463, by inserting after the word “owners”, the following words:- , 1 individual representing the interests of farmers in the commonwealth;

And moves to further amend the bill, in section 19, by striking, in line 1563, the figure “7” and inserting in place thereof, the following figure:-  9;

And moves to further amend said by striking out, in line 1611, the words “records related to sections 116 to 121, inclusive,” and inserting in place thereof the following words:- documents  included in an application for licensure submitted under subsection (e) of section 118;

And moves to further amend said section 19, by inserting at the end thereof the following 2 sections:-

Section 122. The department shall have the authority to inspect and have access to all equipment, supplies, records, real property, and any other information deemed necessary, from any person participating in the planting, growing, harvesting, possessing, processing, purchasing, selling, or researching  of hemp, industrial hemp, or hemp products. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.

Section 123. The department may establish civil administrative fines for violations of sections 116 through 121, inclusive, or regulations promulgated thereunder. A person aggrieved by the assessment of a fine under this section or a licensure action under section 120  may appeal by filing a notice of appeal with the department within 21 days of the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.”