Amendment #1384 to H4400

Cultivation of Marijuana and Marihuana

Mr. Mark of Peru moves to amend the bill by adding the following three sections:

“SECTION XX.  Section 3 of chapter 40A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "thereof", in line 39, the following words:“; provided, however, that the terms agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution or dispensation of marijuana as defined in section 2 of chapter 369 of the acts of 2012, marihuana as defined in section 1 of chapter 94C or marijuana or marihuana as defined in section 1 of chapter 94G.

SECTION XX.  Within 60 days from the effective date of this act, the department of public health, in consultation with the executive office of health and human services, the executive office for administration and finance and the executive office of public safety and security, shall enter into an agreement with a research entity to conduct a comprehensive baseline study of marijuana use in the commonwealth which shall include, but not be limited to, a survey of:  (i) patterns of use, methods of consumption and general perceptions of marijuana; (ii) incidents of impaired driving and hospitalization related to marijuana use; and (iii) economic and fiscal impacts for state and local governments, which shall include the impact of legalization on the production and distribution of marijuana in the illicit market as well as costs and benefits to state and local revenue. The department shall submit a report of its findings to the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on public health not later than July 1, 2018.

SECTION XX.  This act shall not apply to any Registered Marijuana Dispensary (RMD) or Medical Marijuana Treatment Center (MMTC) that had received a letter of support stating the proposed RMD or MMTC facility is located in a zoning district that allows such use by right as an agricultural use under the municipality's zoning bylaws and whose zoning code enforcement officer agreed the use was allowed by right on the act's effective date.”