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The 190th General Court of the Commonwealth of Massachusetts

Section 15: Independent testing laboratories; licensure and oversight; regulations; certificate of registration; registered laboratory agents

[ Text of section added by 2017, 55, Sec. 41 effective July 28, 2017.]

Section 15. (a) (1) The commission shall promulgate regulations for the licensure and oversight of independent testing laboratories, and shall establish testing protocols for the sampling, testing and analysis of marijuana, finished marijuana and marijuana products in consultation with the department of public health and the department of agricultural resources. Such regulations shall be based on the most recent standards as issued by the United States Pharmacopeial Convention and shall address sampling and analysis to characterize the cannabinoid profile and biological and chemical contaminants, including but not limited to terpenoids, pesticides, plant growth regulators, metals, microbiological contaminants, mycotoxins, and residual solvents introduced through cultivation of marijuana plants and post-harvest processing and handling of marijuana, marijuana products and ingredients.

[ Paragraph (2) of subsection (a) effective until fulfillment of the conditions of 2017, 55, Sec. 82. For text effective upon fulfillment of the conditions of 2017, 55, Sec. 82, see below.]

(2) No marijuana or marijuana product shall be sold or otherwise marketed pursuant to this chapter or chapter 369 of the acts of 2012 that has not first been tested by an independent testing laboratory and determined to meet the commission's testing protocols issued pursuant to paragraph (1).

[ Paragraph (2) of subsection (a) as amended by 2017, 55, Sec. 42 effective upon fulfillment of the conditions of 2017, 55, Sec. 82. For text effective until fulfillment of the conditions of 2017, 55, Sec. 82, see above.]

(2) No marijuana or marijuana product shall be sold or otherwise marketed pursuant to this chapter or chapter 94I that has not first been tested by an independent testing laboratory and determined to meet the commission's testing protocols issued pursuant to paragraph (1).

(3) An independent testing laboratory shall report any results indicating contamination to the commission within 72 hours of identification.

(4) No laboratory agent or employee of an independent testing laboratory shall receive direct or indirect financial compensation, other than such reasonable contractual fees to conduct such testing, from any entity for which it is conducting testing pursuant to this chapter.

(5) No individual who possesses an interest in or is a laboratory agent employed by an independent testing laboratory, and no immediate family member of that individual, shall possess an interest in or be employed by a marijuana establishment.

(b) (1) An independent testing laboratory shall apply for a certificate of registration from the commission prior to testing, processing or transporting marijuana.

(2) A laboratory agent shall be registered with the commission prior to volunteering or working at an independent testing laboratory.

(3) An independent testing laboratory shall apply to the commission for a registration card for each affiliated laboratory agent by submitting, at a minimum, the name, address, and date of birth of the laboratory agent.

(4) An independent testing laboratory shall notify the commission within 1 business day if a laboratory agent ceases to be associated with the laboratory, and the laboratory agent's registration card shall be immediately revoked.

(5) No one shall be a laboratory agent who has been convicted of a felony drug offense. The commission may conduct criminal record checks with the department of criminal justice information services as provided in section 21 and may set standards and procedures to enforce this provision. Such standards and procedures may include requiring applicants seeking registration to submit a full set of fingerprints for the purposes of conducting a state and national criminal history records check pursuant to sections 167 to 178, inclusive, of chapter 6 and 28 U.S.C. section 534 through the department of criminal justice information services and the Federal Bureau of Investigation. The commission shall treat such information in accordance with said sections 167 to 178, inclusive, of said chapter 6 and the regulations thereunder.

[ Subsection (c) effective until fulfillment of the conditions of 2017, 55, Sec. 82. For text effective upon fulfillment of the conditions of 2017, 55, Sec. 82, see below.]

(c) A registered laboratory agent shall not be subject to arrest, prosecution, civil penalty, sanctions or disqualifications, and shall not be subject to seizure or forfeiture of assets under Massachusetts law for actions taken under the authority of an independent testing laboratory, including possessing, processing, storing, transferring or testing marijuana provided the agent: (1) presents his or her registration card to any law enforcement official who questions the laboratory agent concerning their marijuana related activities; and (2) is acting in accordance with all the requirements of this chapter and chapter 369 of the acts of 2012.

[ Subsection (c) as amended by 2017, 55, Sec. 43 effective upon fulfillment of the conditions of 2017, 55, Sec. 82. For text effective until fulfillment of the conditions of 2017, 55, Sec. 82, see above.]

(c) A registered laboratory agent shall not be subject to arrest, prosecution, civil penalty, sanctions or disqualifications, and shall not be subject to seizure or forfeiture of assets under Massachusetts law for actions taken under the authority of an independent testing laboratory, including possessing, processing, storing, transferring or testing marijuana provided the agent: (1) presents his or her registration card to any law enforcement official who questions the laboratory agent concerning their marijuana related activities; and (2) is acting in accordance with all the requirements of this chapter and chapter 94I.