Amendment ID: S2722-18

Amendment 18

Intoxicating Substance Advisory Board

Messrs. Payano and Tarr move that the proposed new text be amended by inserting the following two sections:-

“SECTION XX. Chapter 3 of the General Laws is hereby amended by inserting after section 38C the following section:-

Section 38D . (a) For the purposes of this section, an “intoxicating substance bill” shall mean a bill that proposes to change statewide policy regarding an intoxicating substance other than alcohol that is not approved by the federal food and drug administration.

(b) Joint committees of the general court and the house and senate committees on ways and means when reporting favorably on an intoxicating substance bill referred to them shall include a review and evaluation conducted by the intoxicating substance advisory board established under section 77 of chapter 10.

(c) Upon request of a joint standing committee of the general court having jurisdiction or the committee on ways and means of either branch, the intoxicating substance advisory board shall conduct a review and evaluation of the intoxicating substance bill, in consultation with other relevant state agencies, and shall report to the committee within 90 days of the request. If the intoxicating substance advisory board fails to report to the appropriate committee within 45 days, said committee may report favorably on the intoxicating substance bill without including a review and evaluation from the intoxicating substance advisory board.

(d) The party or organization on whose behalf the bill was filed shall provide the intoxicating substance advisory board with any data or information that they have regarding the public safety, public health, and state revenue implications of the proposed policy. All interested parties supporting or opposing the bill may provide the intoxicating substance advisory board with any information relevant to the board’s review. The intoxicating substance advisory board shall enter into interagency agreements as necessary with any state agency holding data or information relevant to the intoxicating substance advisory board's review under this section. Such interagency agreements shall ensure that the data shared under the agreements is used solely in connection with the intoxicating substance advisory board's review under this section, and that the confidentiality of any personal data is protected. The intoxicating substance advisory board may contract with consultants, actuaries, or economists as necessary to complete its analysis. The report shall include, at a minimum: (i) a comprehensive analysis of the potential public safety, public health and state revenue implications of the intoxicating substance bill; (ii) an analysis on the interplay between the intoxicating substance bill and federal law and the possible implications of such interplay; and (iii) considerations regarding health, educational, economic and criminal justice outcomes of children and young adults in the commonwealth related to the intoxicating substance bill.

SECTION XX. Chapter 10 of the General Laws is hereby amended by striking section 77 and inserting in place thereof the following section:-

Section 77. (a) There shall be an intoxicating substance advisory board, hereinafter referred to as “the advisory board”, to study and make recommendations to the Massachusetts cannabis control commission on the regulation and taxation of marijuana and to review and evaluate intoxicating substance legislation upon request of a joint standing committee of the general court or the house or senate committee on ways and means pursuant to section 38D of chapter 3. The board shall consist of the following ex officio members or their designees: the executive director of the Massachusetts cannabis control commission who shall serve as chair; the secretary of economic development; the secretary of health and human services; the secretary of public safety; the commissioner of revenue; the commissioner of public health; the commissioner of agricultural resources; the executive director of the alcoholic beverages control commission; and the colonel of the state police. Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. To take action at a meeting, a majority of the members of the board present and voting shall constitute a quorum.

(b) The advisory board shall: (i) consider all matters submitted to it by the commission; (ii) on its own initiative, recommend to the commission guidelines, rules and regulations and any changes to guidelines, rules and regulations that the advisory board considers important or necessary for the commission's review and consideration; and (iii) advise on the preparation of regulations pursuant to chapter 94G and chapter 94I.

(c) The cannabis control commission shall provide staff and resources necessary for the advisory board to conduct its responsibilities under this section and section 38D of chapter 3.”