Last week, the CCC released two new sets of draft medical marijuana regulations so that final regulations can be promulgated in enough time for it to take over the Commonwealth’s Medical Marijuana Program by the end of the year.
The CCC released a draft of 935 CMR 501, which it calls a “lift and replace” of the existing Department of Public Health medical marijuana regulations.… More
A recent decision in a closely-watched commercial cannabis case opens the possibility for increased commercial activity in the nascent recreational cannabis market in Massachusetts. On August 21, Judge Burroughs of the U.S. District Court for the District of Massachusetts issued a memorandum and order on motions to dismiss in Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al, granting a victory for the named government defendants (Massachusetts Department of Public Health,… More
If you accept the findings of a year-long study by the Washington State Liquor and Cannabis Board, Massachusetts regulators have a substantial challenge in store to ensure that legal cannabis is not diverted to minors, across state lines and to the black market. At risk is more than the public health and safety consequences of diversion, but also the Commonwealth’s ability to comply with the federal directives of the so-called Cole Memorandum,… More
Statehouse News (sub. req.) reports that the Cannabis Control Commission will unveil draft regulations for public discussion the week of December 11. The CCC plans to hold meetings every day that week to discuss and debate draft regulations, then vote the following week. Following publication of the Draft Regulations, the CCC would – as required by state law – accept public comments before debating final regulations. … More
Governor Charlie Baker has recently signed a bill that substantially reworks the voter-approved 2016 referendum legalizing a regulated market for adult-use cannabis – and now licensing of adult use establishments is just eight short months away.
Foley Hoag presented a webinar that examines the recent changes to the Massachusetts regulatory framework for both medical and adult use operators enacted by the Legislature in its omnibus cannabis legislation, Chapter 55 of the Acts of 2017.… More
Governor Charlie Baker has recently signed a bill that substantially reworks the voter-approved 2016 referendum legalizing a regulated market for adult-use cannabis – and now licensing of adult use establishments is just eight short months away.
Join Foley Hoag on Thursday, August 17 at 12:30 PM EDT for a webinar that will examine the recent changes to the Massachusetts regulatory framework for both medical and adult use operators enacted by the Legislature in its omnibus cannabis legislation,… More
In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim of handicap discrimination against her former employer. With the ruling, Massachusetts has become the first state to afford such job protections to workers who lawfully use medical marijuana. Moreover, the ruling essentially precludes Massachusetts employers from adopting blanket drug-free workplace policies.… More
No sooner said than done, the long-awaited conference committee bill amending Chapter 334 of the Acts of 2016 (the adult use cannabis referendum) has been released. Our complete summary of the new legislation and a comparison to the referendum’s original language can be viewed here:
Summary of Cannabis Legislation
Some big picture highlights:
(1) The referendum’s one year head start for many medical marijuana licensees has been eliminated. … More
We are more than two weeks now since the passage of the House and Senate’s competing legislation overhauling the framework regulation and taxation of adult use cannabis adopted by Massachusetts voters in November. In general, the Senate hewed closer to the language and intent of the referendum, while the House repealed the voter-passed law in its entirety in favor of a total rewrite. Then three legislators from each chamber were swiftly appointed to a conference committee to reconcile the two competing bills into final legislation. … More
One of the most perplexing – and quite frankly for folks trying to make a buck in the medical cannabis space, frustrating – components of the regulatory framework for Massachusetts RMDs is that they must be not-for-profit corporations under Chapter 180 of General Laws. DPH has adopted guidance that is explicit: there can be no profit sharing between the not-for-profit licensee and for-profit related parties.
Now,… More
The House and Senate have now formally introduced their competing bills overhauling the adult use cannabis law enacted by referendum by the Massachusetts voters. And what a difference a chamber makes! The House bill is almost 100 pages, repeals the entirety of both the medical use and adult use laws currently on the books, limits adult use entities to only one type of each license (retail, cultivator, and product manufacturer),… More
The Joint Committee on Marijuana Policy today voted to advance, over objection and disapproval, a bill that repeals the 2012 Medical Marijuana law and 2016 Adult Use laws in Massachusetts — both passed by referendum — in their entirety. Our summary of the major points can be viewed by clicking this link House Bill Summary.
In its place, a House Bill sent out of committee imposes many changes including a 28% tax rate (up from 12%) on adult use licensees;… More
Nevada’s adult use referendum passed the same day as Massachusetts voters ushered in the Commonwealth’s adult use law. From there, the states took two very different paths.
Both states contain a “head start” for medical licensees to begin sales, as we’ve discussed here and here.
Well, wanting to keep its boot on the neck of the black and gray markets and begin collecting revenue,… More
Months before the first adult-use cannabis operators are eligible to apply for licenses, a significant number of cities and towns are passing (1) temporary moratoria on local zoning approvals of any such facilities; or (2) permanent outright bans. According to the Massachusetts Municipal Association, 39 municipalities have thus far enacted temporary moratoria, while at least 10 have passed outright prohibitions. “Dozens” more municipalities are expected to vote on such measures soon.… More
Where We Are and Where We Are Going
With the passage of the 2016 referendum legalizing the adult use and regulated sale of cannabis and proposed critical changes to the referendum in Massachusetts pending now before the Legislature, the regulatory environment for cannabis is changing in Massachusetts.
Foley Hoag presented a webinar that examines the current Massachusetts regulatory framework for both medical and adult use operators, and what we can anticipate in the months ahead.… More
Auditor Suzanne Bump and the Lowell Sun ed board agree with our prior posts explaining why adult use cannabis regulation should remain with the State Treasurer:
Out of nowhere, Sen. Patricia Jehlen, chair of the Joint Committee on Marijuana Policy, tells the Boston Globe that she wants to eliminate the one-year head start that the adult use referendum gives to experienced medical marijuana operators to apply for licenses. She tells the Globe:
But there are areas where Jehlen is keen to see the law changed. One is leveling the playing field, so medical marijuana companies don’t have what Jehlen called “an artificial leg up” in the retail market.… More
Where We Are and Where We Are Going
With the passage of the 2016 referendum legalizing the adult use and regulated sale of cannabis and proposed critical changes to the referendum in Massachusetts pending now before the Legislature, the regulatory environment for cannabis is changing in Massachusetts.
Join us on Tuesday, May 9 for a webinar that will examine the current Massachusetts regulatory framework for both medical and adult use operators,… More
Last week, Gov. Charlie Baker stated that Massachusetts’ recreational marijuana law must be rewritten before retail shops open in 2018. Baker identified four changes he expects to see: expanded local control, a cap on potency, child-safety regulations, and plant growing regulations that block black-market dealings. He stated that he wants a new bill by April or May.
Expanded local control would involve giving cities and towns greater latitude to decide what types of restrictions to place on the industry.… More
Since Massachusetts voters overwhelmingly approved a ballot measure legalizing medical marijuana, employers have wondered whether the new law would force them to change their drug testing practices. Currently, Massachusetts employers are allowed to conduct post-offer pre-employment drug tests on job applicants and lawfully refuse employment to those who test positive for marijuana use. But, if marijuana is now legal for medical purposes, can employers lawfully discriminate against employees who smoke marijuana to treat medical conditions?… More