Amendment ID: S2090-24-R4

4th Redraft Amendment 24

Funding Marijuana Program in MDAR Crop & Pest Services Division

Ms. Gobi and Mr. Moore move to amend the bill by inserting after section 11 the following section:- 

“Section 11A. Subsection (a) of section 4 of chapter 94G of the General Laws, as so appearing, is hereby amended by striking clause (8) and inserting in place thereof the following clause:-

(8) health and safety standards, developed in consultation with the department of public health and the department of agricultural resources, for the cultivation, processing, manufacture and distribution of marijuana and marijuana products, including standards regarding sanitation for the preparation, storage, handling and sale of food products; provided however, that nothing in this clause shall authorize the commission to promulgate regulations pertaining to the use of pesticides”; and

in section 18, by inserting after the word “commission”, in line 303, the following words:- “and by the department of agricultural resources for the implementation, administration and enforcement of sections 116 to 123, inclusive, of chapter 128 and for the provision of pesticide control for marijuana pursuant to chapter 132B ”; and

in section 20, by striking out, in line 337, the figure “7” and inserting in place thereof the following figure:- “8”; and

in said section 20, by striking out, in lines 338, 352, 355, 392, 397, 400 and 403, the figure “121” and inserting in place thereof, in each instance, the following figure:- “123”; and

in said section 20, by striking out, in line 384, 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

in said section 20, by adding the following 2 sections:-

“Section 122. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a 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 to 123, inclusive. 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 not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.”.