Amendment ID: S2090-1-R1

Redraft Amendment 1

Marijuana social host law

Ms. Flanagan, Messrs. O'Connor, Moore and Fattman, Ms. O'Connor Ives, Mr. Humason, Ms. Forry, Messrs. Ross and Tarr move to amend the bill by striking out section 16 and inserting in place thereof the following section:-

“SECTION 16. Said section 13 of said chapter 94G, as so appearing, is hereby further amended by adding the following 2 subsections:-

(h) Notwithstanding chapter 94C, a person less than 21 years of age, except a qualifying patient holding a valid registration card for the medical use of marijuana, who cultivates not more than 12 marijuana plants shall be punished by a civil penalty of not more than $100 and shall complete a drug awareness program established pursuant to section 32M of chapter 94C. If that person is less than 18 years of age, the parent or legal guardian of that person shall be notified in accordance with section 32N of said chapter 94C. If a person is less than 17 years of age at the time of the offense and fails to complete a drug awareness program not later than 1 year after the offense, that person may be subject to delinquency proceedings.

(i) Whoever makes a sale or delivery of marijuana, marijuana products or marijuana accessories to a person less than 21 years of age, either for the person’s own use or for the use of the person’s parent or another person or furnishes marijuana, marijuana products or marijuana accessories for a person less than 21 years of age shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both such fine and imprisonment.

For the purposes of this subsection, “furnish” shall mean to knowingly or intentionally supply, give or provide to or allow a person less than 21 years of age, except for the children and grandchildren of the person being charged, to possess marijuana, marijuana products or marijuana accessories on premises or property owned or controlled by the person charged.

This subsection shall not apply to the sale, delivery or furnishing of medical marijuana pursuant to chapter 369 of the acts of 2012.”.