Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Rep. Daniel M. Donahue
The Honorable Rep Carlos González
The Honorable Rep. Michael J. Sotor
The Honorable Sen. Adam Gómez
The Honorable Sen. Joanne M. Comerford
The Honorable Sen. Peter J. Durant
State House, Boston
Delivered electronically
Dear Distinguished Members of the Conference Committee:
On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association is writing to share comments as you work to reconcile the House and Senate versions of An Act modernizing the commonwealth’s cannabis laws (H. 4206 and S. 2749). Recognizing that cities and towns are vital stakeholders in the success of the cannabis industry in Massachusetts, the MMA would like to offer the municipal perspective as you work diligently to prepare a final bill for consideration.
Delivery to “No” municipalities
The MMA opposes the inclusion of Section 23 in S. 2749 that allows cannabis delivery to all municipalities, including those that have not authorized retail marijuana sales. This goes against the fundamental rights of municipalities to exercise local control over their own zoning and business activities. Allowing commercial transactions to these “no” communities undermines their default opt-out status and bypasses the local voters who purposefully voted to keep cannabis sales out of their communities when recreational marijuana first passed statewide. While Section 23 includes language to provide for a two-year waiver, its extension is at the Cannabis Control Commission’s discretion, essentially creating a temporary privilege, rather than settled local law. Requiring reapplication creates an unnecessary administrative and legal burden for municipalities seeking to preserve their rights. We would respectfully ask that you not include the language of Section 23 or any provision that would prevent municipalities from maintaining their “opt-out” status as established by the original 2016 ballot initiative.
Regulation of CBD and hemp products
We appreciate H. 4206’s inclusion of new regulations for consumable CBD, hemp beverage, and topical hemp products, which are currently unregulated. However, we have concerns over the requirements and responsibilities of local boards of health in the investigation, analysis and enforcement of these regulations. Relying on local and regional boards of health for this enforcement, rather than the CCC — the statewide agency created to regulate cannabis — could lead to inconsistencies in enforcement across the state due to funding and the expertise and capacity required for this incredibly complex issue. Just as the Alcoholic Beverage Control Commission provides expert, uniform oversight of the alcohol industry in the Commonwealth, the CCC should be the appropriate body to regulate these cannabis-related products.
Municipalities and their local boards of health value their role as essential partners in public health and wellness, and understand that effective oversight requires a collaborative model. They remain key partners in the enforcement of many health and safety issues, and have a long list of duties and tasks with increasingly stretched budgets. As the regulatory body in charge of cannabis regulation, the CCC should lead the technical enforcement of CBD, hemp beverage and topical hemp product regulations, while local boards of health can provide support through their understanding of unique local public health conditions.
A great deal of cannabis regulation in Massachusetts has mirrored alcohol regulation, successfully creating statewide standards, testing and enforcement across the Commonwealth. While consumable CBD, hemp beverage, and topical hemp products have not yet been part of this regulatory scheme, it seems arbitrary to place them under the enforcement arm of disparate local boards of health, rather than the existing statewide regulatory authority. We would respectfully ask that you not adopt any language that would put enforcement authority under local boards of health, and instead place it under the CCC.
Thank you very much for your consideration and attention to this important issue. If you have any questions or require additional information, please do not hesitate to have your office contact me or MMA Legislative and Policy Counsel Ali DiMatteo at [email protected], at any time.
Thank you for your consideration and support of local government.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO