Modernizing our Cannabis Laws

Press Office Summary of the Legislation

The Legislature’s agreement to modernize the state’s cannabis laws strengthens oversight of the Commonwealth’s maturing cannabis industry by streamlining the agency that regulates cultivators, processors, and retailers.

The legislation boosts public accountability, removes burdensome requirements for certain businesses, and updates license caps to support the economic viability of retail marijuana businesses. It also updates purchase and possession limits and clarifies rules around delivery and advertising.

Restructuring the Cannabis Control Commission

Streamlines and Strengthens the Commission. To increase accountability, the legislation shrinks the size of the commission from five commissioners to three commissioners and consolidates appointment authority to the Governor. Previously, the Governor, Treasurer, and Attorney General of the Commonwealth each were responsible for appointing commissioners. The legislation requires that one commissioner have a background in social justice, and the other two commissioners must have backgrounds in public health, public safety, social justice, consumer regulations, or the production and distribution of marijuana or marijuana products.

Clarifies Leadership Responsibilities. The bill designates the Chair of the commission as responsible for personnel and administrative matters and clarifies that the Executive Director reports directly to the Chair of the commission.

Boosting Public Accountability Requirements

Creates a Portal for Illegal Conduct. The bill directs the CCC to launch an online portal where individuals can anonymously report suspected illegal activity by licensed cannabis operators.

Reports on Public Health and Excise Tax. The bill requires the CCC to prepare new reports regarding the public health impacts of cannabis and the cannabis excise tax rate.

Studies Workplace Safety and Cannabis Testing. The bill requires the CCC to review current regulations around workplace safety and cannabis testing to ensure that current Massachusetts regulations reflect the most up-to-date standards.

Modernizing License Caps

Raises the Limit on Licenses. The bill encourages cannabis business ownership and economic development by allowing licensees to hold six licenses, an increase from the current limit of three. By increasing the cap, business owners are able to spread overhead costs across more stores. Businesses that are not social equity businesses will be limited to five licenses in the first twelve months.

Increases Equity Threshold. The bill provides added flexibility by raising the threshold — from 10 per cent to 20 per cent — of how much equity in a business is considered ownership for the purpose of counting toward the cap on number of licenses someone can hold.

Encourages Responsible Business Practices. Creates a list of “delinquent” cannabis businesses that have not paid their debts to other cannabis businesses for more than 60 days and prevents others from doing business with those on the delinquent list until they have paid off their debts.

Creates Flexibility to Foster Small Businesses. The legislation removes the current requirement that medical marijuana operators must be vertically integrated to simultaneously cultivate, manufacture, and sell cannabis. Eliminating this cumbersome and costly requirement creates more possibilities for smaller businesses.

The bill limits new medical marijuana establishment licenses to Social Equity Businesses on an exclusive basis for two years.

Expanding Safe and Legal Access to Cannabis

Increases Purchase and Possession Limits. The bill responsibly increases the amount of cannabis that an adult can purchase or possess in Massachusetts for recreational use, from one ounce to two ounces. The CCC will be tasked with determining how much cannabis concentrate is equivalent to two ounces. Further, for people under 21 years old, the bill increases the threshold — from two ounces to three ounces — that would incur a civil penalty or require participation in a drug awareness program for those under 18.

Clarifies Delivery Rules. The bill specifies that licensed marijuana delivery businesses can deliver to any municipality unless that municipality prohibits marijuana businesses and opts out of the delivery program.

Opens the Door to Advertising Inside Cannabis Establishments. The bill gives the commission the ability to allow retailers to advertise sales, discounts, and customer loyalty programs inside the store and via opt-in email, which are currently not permitted.

Streamlining Regulations for Producers

Clarifies Enforcement on the Sale of Seeds. To eliminate restrictions on sales and to ensure consistency in the market, the legislation clarifies that cannabis seeds do not fall under the definition of marijuana.

Explores Regulation of Hemp and Cannabinoids. To address unregulated sales of hemp-infused products and cannabinoids, the bill directs the CCC to study the issue and develop recommendations for how Massachusetts can regulate these products.

Published by Will Brownsberger

Will Brownsberger is State Senator from the Second Suffolk and Middlesex District.

Join the Conversation

18 Comments

  1. Thank you for the information William. I live on Cape Cod and enjoy your e-mails. I know you are not my Representative but your missives are always informative. I appreciate the work my Representatives, Dylan Fernandes and Thomas Moakley are doing and send them thanks often.

  2. Do we know what the tax impact will be for state and local governments for these changes. The changes seem fine but want to know if we cam project net revenue impacts

  3. Thank you, Senator Brownsberger, for your efforts in making the laws about Cannabis clear. I think that education about all addictions should be taught in high school, a time when people are most vulnerable to trying out substances. In fact, if I were still teaching, I would try to begin education about addiction earlier than high school. If I were still active in campaigning for legalization about addictive substances, I would want those responsible for teaching young people remember to emphasize that addictions are pleasurable and some addictive substances can be and are used in moderation, e.g. caffeine.

  4. Thanks for the update. Is there any update on supervised consumption? I agree that we should be contentious about use, but for adults, I think there is justification to allow them to consume in community. This will ease some limits on small businesses, and community spaces.

    This is especially true as marijuana consumption is competing with alcohol consumption in numbers and dollars. If consumption for alcohol ONLY is allowed in public spaces it is creating an (arguably outdated) limitation on how new social spaces are keeping the lights on.

  5. It seems that the legislature has solved every problem for vendors and consumers and added to the discomfort of unwilling bystanders who are forced to breath clouds of pot smoke on the sidewalks from passersby or cars, and on the T. Since legalization, the stench of pot is a daily and unwelcome feature on my commute. Why does the legislature ignore the negative impacts of cannabis on those who do not wish to partake, and accommodate the excesses of the users?

    1. Agreed. This has gone way too far. This pot is not homegrown from the 70’s. It’s manufactured and given a name and a price. Not the “natural medicine” many would like to think. Also, it has been proven to cause psychosis in young people and does not calm anxiety, just masks and flattens the affect of anxiety. A good outdoor run or walk is healthier and naturally calms.

      1. Will, I don’t use cannabis but there is one related aspect I would appreciate you looking into. For about 10 years up until the beginning of this year I have been getting mail order CBD /CBN to help with my severe tinnitus and insomnia. Now I cannot because MA law has changed to force purchase from only State licensed cannabis dispensaries and similar businesses. These items should not be regulated like cannabis. I should not pay 5 times the price and have to even step into one of those pot shops for CBD. It’s lobbyist based protectionism at is worst. It harms us elderly consumers on a budget. Thank you for your consideration.

        1. I had no idea, I was also ordering CBD online before 2016 for my tinnitus and migraines. Good point, thank you for bringing that up.

  6. I worry about the link to psychosis and increased schizophrenia risk in young people. Legal cannabis has so much THC in it. This is not 1960s pot. Not to mention making miserable Massachusetts drivers even worse.

    1. I am with you. It is not 1990’s pot either. I think we need to implement standards for the strength, we need better research on the effects, and rules for public use. It would be good for the industry too as I think there is a growing prohibition backlash.

  7. Where are the rules on pot cafes? I have heard that where they are allowed that people will be able to consume the pot on the premises up until one or two hours before the place closes. How is that going to be determined? How would staff be able to watch everyone? And how do we know how long the effects of smoking it last in individuals? There aren’t any real tests to determine when someone is severely affected as we have with liquor. Increasing the limits of what people can buy just seems to be an accident waiting to happen.
    With so many pot shops open I hear they are not doing as well. Expanding to more is just going to make the products more readily available and thus more consumption, but businesses may fail and leave empty storefronts in many cities. So many issues and not so many answers on this controversial subject.

  8. Democracy, truth and free speech are the biggest threats to Beacon Hill and leftists writ large.

    When the term “modernizing” issues forth from Beacon Hill you can trust it is pregnant with falsehood.

  9. I just reviewed the list of funding you proposed, I am very impressed with the education funding for tech jobs in the lab sciences. In regard to the education on cannabis; I was just thinking that we needed a counter campaign to reverse 100 years of “Refer Madness” marketing. There is so much more misinformation and emotional grandstanding than facts and science in our collective minds on the subject of addiction and mental health, that we rarely broach the subject of the medical facts surrounding the plant or it’s properties. Sugar is the gateway drug. The smoking of anything is a God given right. We try to live in a city with others by respecting each other and not imposing our beliefs and fears on others. Smoking booths and cafes really need to become a way to respect each other’s rights to Life, Liberty and the pursuit of Happiness.

  10. Hi, As a therapist, I see many young students and college students using cannabis and many now vape a lot which affects the lungs. There should be an MD on the commission possibly an ER Dr. who sees what happens to the body
    with regular cannabis use. Medical marjiuna prescribed by an MD may be very helpful to some. Chronic pain, anxiety in some cases, but it also increases the risk of heart attacks.
    I have seen anxiety worsen, panic attacks, and an increase in psychosis in some. Addiction should be taught in high schools and colleges and for the adult population.
    Cannibus with THC impairs people driving.
    Dispensaries in Massachusetts, many have contaminated products with yeast and mold. Definitely need an MD experienced in this on the Commission. Not public health person, but a real MD with experience in ERs. Also add a psychiatrist.
    Marcia

  11. I previously sent a comment in, it seems to have disappeared. As a therapist I have seen so many young teens and college students using majiuna. Vaping is horrible to the lungs, A psychiatrist and a MD with Emergency room experience should be on the commission not public health or social justice, cannibus is for everyone in MA already.
    Dispensaries in Massachusetts many are contaminated with yeast and mold , look it up. Marcia

    1. Can someone link the audit of the CCC in Bluesky please, since Bluesky actively screens out people who aren’t on the far anarcho-socialist left?

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