N ACT TO RESTORE A SENSIBLE MARIJUANA POLICY
SECTION 1. The Act’s purpose is to modify the criteria for the legal possession, distribution,
and use ofmarijuana by: (a) continuing the medical use ofmarijuana program; (b) ensuring that
the simple possession of 1 ounce or less ofmarijuana by those 21 and over is not punishable by
civil or criminal penalties, and that possession of over 1 ounce to no more than 2 ounces of
marijuana is punishable only by a civil penalty; and (c) repealing Chapters 94G and 64N ofthe
General Laws which govern the possession, use, distribution, cultivation, and taxation of
marijuana not medically prescribed. To the fullest extent possible, the Act’s terms are to be
interpreted in accordance with the purpose and intent set forth in this section.
SECTION 2. This act may be known as “An Act to Restore A Sensible Marijuana Policy.”
SECTION 3. Chapter 64N ofthe General Laws is hereby repealed.
SECTION 4. Chapter 94C ofthe General Laws, as appearing in the 2024 Official Edition, is
hereby amended by striking out section 32L and inserting in place thereofthe following section:
Section 32L Possession ofmarihuana; civil penalty and forfeiture; other sanctions or
disqualifications prohibited
(a) Notwithstanding any other general or special law to the contrary, except as otherwise
provided in this chapter, a person 21 years of age or older shall not be arrested, prosecuted,
penalized, sanctioned or disqualified under the laws ofthe commonwealth in any manner, or
denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:
(1) possessing 1 ounce or less ofmarihuana, except that not more than 5 grams of
marihuana may be in the form ofmarihuana concentrate; or
(2) giving away or otherwise transferring without remuneration up to 1 ounce of
marihuana, except that not more than 5 grams ofmarihuana may be in the form of
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marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not
advertised or promoted to the public.
(b) Notwithstanding any general or special law to the contrary, possession of an amount between
more than 1 ounce and 2 ounces or less ofmarihuana for an offender 21 years of age or older
shall only be a civil offense, subjecting an offender to a civil penalty of one hundred dollars and
forfeiture ofthe marihuana, but not to any other form of criminal or civil punishment or
disqualification.
(c) Notwithstanding any general or special law to the contrary, possession of an amount of 2
ounces or less ofmarihuana for an offender under the age of 21 shall be subject to the same
forfeiture and civil penalty provisions as subsection (b), provided he or she completes a drug
awareness program which meets the criteria set forth in Section 32M ofthis Chapter. The parents
or legal guardian of any offender under the age of eighteen shall be notified in accordance with
Section 32N ofthis Chapter ofthe offense and the availability of a drug awareness program and
community service option. If an offender under the age of eighteen fails within one year ofthe
offense to complete both a drug awareness program and the required community service, the
civil penalty may be increased pursuant to Section 32N ofthis Chapter to one thousand dollars
and the offender and his or her parents shall be jointly and severally liable to pay that amount.
(d) Except as specifically provided in this chapter, section 241 of chapter 90, and chapter 387 of
the acts of 2008, neither the Commonwealth nor any ofits political subdivisions or their
respective agencies, authorities or instrumentalities may impose any other form of penalty,
sanction or disqualification on an offender for possessing 2 ounces or less ofmarihuana. By way
ofillustration rather than limitation, possession of 2 ounces or less ofmarihuana shall not
provide a basis to deny an offender student financial aid, public housing or any form of public
financial assistance including unemployment benefits, to deny the right to operate a motor
vehicle or to disqualify an offender from serving as a foster parent or adoptive parent.
Information concerning the offense of possession of 2 ounces or less ofmarihuana shall not be
deemed “criminal offender record information,” “evaluative information,” or “intelligence
information” as those terms are defined in Section 167 ofChapter 6 ofthe General Laws and
shall not be recorded in the Criminal Offender Record Information system.
(e) As used herein, “possession of 2 ounces or less ofmarihuana” includes possession of2
ounces or less ofmarihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid
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metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of
the human body. Nothing contained herein shall be construed to repeal or modify existing laws,
ordinances or bylaws, regulations, personnel practices or policies concerning the operation of
motor vehicles or other actions taken while under the influence ofmarihuana or
tetrahydrocannabinol, laws concerning the unlawful possession of prescription forms of
marihuana or tetrahydrocannabinol such as Marinol, possession ofmore than 2 ounces of
marihuana or tetrahydrocannabinol, or selling, manufacturing or trafficking in marihuana or
tetrahydrocannabinol. Nothing contained herein shall prohibit a political subdivision ofthe
Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption
ofmarihuana or tetrahydrocannabinol in public places and providing for additional penalties for
the public use ofmarihuana or tetrahydrocannabinol.
(f) The use ofmarihuana shall not disqualify a person from any needed medical procedure or
treatment, including organ and tissue transplants.
(g) This section shall not apply to the sale, delivery or furnishing ofmedical use marijuana
pursuant to chapter 941.
(h) For the purposes ofthis section, “marihuana concentrate” means a substance derived from
marihuana that is produced by extracting or concentrating cannabinoids from the plant through
the use of: (i) solvents; (ii) carbon dioxide; or (iii) heat, screens, presses, or distillation.
SECTION 5. Section 32M ofsaid chapter 94C, as so appearing, is hereby amended by striking
out both ofsaid section’s references to the word “eighteen” and inserting in place thereofthe
following word:- 21
SECTION 6. Chapter 94G ofthe General Laws is hereby repealed.
SECTION 7. Chapter 941 ofthe General Laws is hereby amended by inserting after section 1
the following section:-
Section 1A. The Cannabis Control Commission.
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(a) The commission shall have all the powers necessary or convenient to carry out and
effectuate its purposes including, but not limited to, the power to:
(i) appoint officers and hire employees;
(ii) establish and amend a plan of organization that it considers expedient;
(iii) execute all instruments necessary or convenient for accomplishing the purposes
ofthis chapter;
(iv) enter into agreements or other transactions with a person, including, but not
limited to, a public entity or other governmental instrumentality or authority in
connection with its powers and duties under this chapter;
(v) appear on its own behalf before boards, commissions, departments or other
agencies ofmunicipal, state or federal government;
(vi) apply for and accept subventions, grants, loans, advances and contributions of
money, property, labor or other things of value from any source, to be held, used and
applied for its purposes;
(vii) provide and pay for advisory services and technical assistance as may be
necessary in itsjudgment to carry out this chapter and fix the compensation of
persons providing such services or assistance;
(viii) prepare, publish and distribute, with or without charge as the commission may
determine, such studies, reports, bulletins and other materials as the commission
considers appropriate;
(ix) require an applicant for licensure under this chapter to apply for such licensure
and approve or disapprove any such application or other transactions, events and
processes as provided in this chapter;
(x) determine which applicants shall be awarded licenses;
(xi) deny an application or limit, condition, restrict, revoke or suspend a license;
(xii) establish a registration process, based on finding ofsuitability or approval of
licensure;
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(xiii) fine a person licensed, registered, found suitable or approved for licensure, for
any cause that the commission deems reasonable;
(xiv) gather facts and information applicable to the commission’s obligation to issue,
suspend or revoke licenses, registrations, finding ofsuitability or approval of
licensure for: (A) a violation ofthis chapter or any regulation adopted by the
commission; (B) willfully violating an order ofthe commission directed to a licensee
or a person required to be registered; (C) the conviction of a criminal offense; or (D)
any other offense which would disqualify such a licensee from holding a license;
(xv) conduct investigations into the qualifications of all applicants for employment
by the commission and all applicants for licensure;
(xvi) receive from the state police, the department of criminal justice information
services or other criminal justice agencies including, but not limited to, the Federal
Bureau ofInvestigation and the Internal Revenue Service, such criminal offender
record information relating to criminal and background investigations as necessary
for the purpose of evaluating licensees, applicants for license, and lab agents;
(xvii) be present, through its inspectors and agents, at any time, in any medical
marijuana treatment center for the purposes of exercising its oversight
responsibilities;
(xviii) inspect and have access to all equipment and supplies in a medical marijuana
treatment center;
(xix) seize and remove from the premises of a medical marijuana treatment center
and impound any marijuana, equipment, supplies, documents and records obtained or
possessed in violation ofthis chapter for the purpose of examination and inspection;
(xx) for cause, demand access to and inspect all papers, books and records of close
associates of a licensee whom the commission suspects is involved in the financing,
operation or management ofthe licensee; provided, however, that the inspection,
examination, photocopying and audit may take place on the affiliate’s premises or
elsewhere as practicable and in the presence ofthe affiliate or its agent;
(xxi) require that the books and financial or other records or statements of a licensee
be kept in a manner that the commission considers proper;
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(xxii) impose fees and fines, as authorized by this chapter and penalties and sanctions
for a violation ofthis chapter or any regulations promulgated by the commission;
(xxiii) collect fees under this chapter;
(xxiv) conduct adjudicatory proceedings and promulgate regulations in accordance
with chapter 30A;
(xxv) refer cases for criminal prosecution to the appropriate federal, state or local
authorities;
(xxvi) maintain an official internet website for the commission;
(xxvii) monitor any federal activity regarding marijuana; and
(xxviii) adopt, amend or repeal regulations for the implementation, administration
and enforcement ofthis chapter.
(b) The commission shall, in accordance with chapter 30A, adopt regulations consistent
with this chapter for the administration, clarification and enforcement oflaws regulating
and licensing the medical use marijuana program. The regulations shall include:
(i) licensure and oversight ofindependent testing laboratories, and establish testing
protocols for the sampling, testing and analysis ofmarijuana, finished marijuana and
medical use marijuana products in consultation with the department of public health
and the department of agricultural resources.
(c) The commission shall administer the laws and regulations relating to licensing in this
chapter.
(d) Each fiscal year the commission shall submit an annual finance plan to the secretary
of administration and finance, and updates to such plan, in accordance with instructions
issued by said secretary.
(e) The commission shall hold a public hearing before the adoption, amendment or repeal
of any regulation. Adjudicatory proceedings shall be conducted pursuant to chapter 30A
ofthe General Laws and to standard rules of adjudicatory procedure established pursuant
to section 9 of chapter 30A ofthe General Laws.
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(f) The commission shall annually submit a complete and detailed report ofthe
commission’s activities, including a review ofthe implementation and enforcement of
this chapter and the governance structure established in this chapter, not more than 90
days after the end ofthe fiscal year to the governor, the attorney general, the treasurer and
receiver-general, the clerks ofthe house ofrepresentatives and the senate, the chairs of
the joint committee on cannabis policy and the chairs ofthe house and senate committees
on ways and means.
(g) The commission and the department ofpublic health shall work collaboratively to
ensure that the production and distribution ofmedical use marijuana is effectively
regulated in the commonwealth in furtherance ofthe intent ofthis act.
(h) The commission shall promulgate advisory guidelines and best practices on the
cultivating ofmarijuana within a person’s primary residence pursuant to section 2 ofthis
chapter.
SECTION 8. Notwithstanding any general or special law to the contrary, the Cannabis Control
Commission shall act to expedite and streamline the process for licensees under Chapter 94G,
including marijuana establishments, to apply for and obtain licenses to participate in the medical
use marijuana program administered pursuant to Chapter 941 and for licensees under Chapter
94G to sell existing marijuana supplies to medical marijuana treatment centers licensed pursuant
to Chapter 941.
SECTION 9. Severability
The provisions ofthis law are severable and if any clause, sentence, paragraph or section ofthis
measure, or an application thereof, shall be adjudged by any court of competentjurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section or application adjudged
invalid.
SECTION 10. Effective Date
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This law shall take effect January 1, 2028.
We, the undersigned registered voters ofthe Commonwealth ofMassachusetts, having each
personally read the full text ofthe foregoing proposed law, do fully subscribe to its contents and
agree to be among the original signers ofthe Petition.