Product Description

Recent updates:

• Update: December 2020

  Dear Subscriber:

  Thank you for choosing to keep up to date with cannabis law with this first supplement to the Massachusetts Cannabis Law Manual. Inside, you will find information on a spectrum of topics, including the following:

  • Developments for 2020. See chapter 6 for a summary of important developments over the past year, including approvals of over 400 total adult-use establishments (including cultivation, processing, and retail locations), a new slate of commissioners on the regulatory board, increasing scrutiny regarding licensing, indictments for corruption and bribery, and the consequent establishment of an independent board to approve licenses.

  • Trafficking. Chapter 5 addresses the following questions relative to the decision in Patients Mutual Assistance Collective Corporation d.b.a. Harborside Health Center v. Commissioner, 151 T.C. 11 (2018):
    • What was the court's reasoning behind the words "consist of" related to purposes of defining trafficking?
    • Was Harborside engaged in more than one trade or business?
    • Reseller versus producer—what did the court determine to be applicable, and why?

  • Social consumption establishments; pilot program. Chapter 4 adds a new section addressing regulations that permit a limited number of social consumption establishments to be licensed to sell marijuana or marijuana products to consumers for consumption on the premises in certain certified municipalities, and describes the social consumption pilot program's new license category for on-site sales and consumption of edibles and vaping products. It also defines and describes delivery licenses.

  • Local municipality considerations; Boston Rules. Chapter 4 also discusses the requirement of a host community agreement with the local municipality in which a business is to be located. The terms of such agreements typically vary by municipality, and the author cites and describes, as an example, the Boston Cannabis Board's recently published new rules and regulations (Boston Rules) of the cannabis industry in the City of Boston.

  We at MCLE trust that you will find this updated material useful in your cannabis law practice and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

The Path to Legalization in Massachusetts: An Advocate’s Account

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Richard M. Evans, Esq., Yes On 4 Campaign

Chapter 2 expand

Regulatory Considerations Applicable to the Licensing and Operation of Marijuana Establishments

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Adam D. Fine, Esq., Vicente Sederberg

Chapter 3 expand

Land Use Considerations for Cannabis Business Development

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Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 3.1

- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 3.2

- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Exhibit 3A

- G.L. c. 140A, § 5: Adoption or Change of Zoning Ordinances or By laws; Procedure Buy Form

Chapter 4 expand

Corporate Issues Related to Cannabis Law

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Scott H. Moskol, Esq., Burns & Levinson LLP
Frank A. Segall, Esq., Burns & Levinson LLP

Chapter 5 expand

Business and Taxation of Cannabis

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Mitzi S. Keating, Citrin Cooperman

Exhibit 5A

- IRS Memo: Taxpayers Trafficking in a Schedule I or Schedule II Controlled Substance—Capitalization of Inventoriable Costs Buy Form

Exhibit 5B

- 26 C.F.R. § 1471-11(a)–(c) Buy Form

Chapter 6 expand

Business Policy Related to Cannabis

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Shanel A. Lindsay, Esq., Ardent Cannabis
Laury C. Lucien, Esq., BBA Cannabis industry Steering Committee

Chapter 7 expand

Hemp and Hemp-Derived Cannabinoid Issues

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Shawn Hauser, Esq., Vicente Sederberg

Exhibit 7A

- (Reserved)

Exhibit 7B

- (Reserved)

Exhibit 7C

- Hemp Industries Association v. Drug Enforcement Administration Buy Form

Exhibit 7D

- DEA Internal Directive Regarding the Presence of Cannabinoids in Products and Materials Made from the Cannabis Plant Buy Form

Exhibit 7E

- Proposed Rule for Establishment of a New Drug Code for Marihuana Extract Buy Form

Exhibit 7F

- Statement by FDA Commissioner Scott Gottlieb, M.D., on the Importance of Conducting Proper Research to Prove Safe and Effective Medical Uses for the Active Chemicals in Marijuana and Its Components Buy Form

Exhibit 7G

- Public Health Focus: FDA and Marijuana—Questions and Answers Buy Form

Exhibit 7H

- Hemp Industries Association et al. v. DEA, et al. Amicus Curiae Brief No. 17-70162 (Jan. 18, 2018) Buy Form

Chapter 8 expand

The Impact of Federal Law and Policy on State-Compliant Cannabis Commerce and Employment

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Michael D. Cutler, Esq., The Law Office of Michael D. Cutler

Appendix A expand

General Laws Chapter 94G—Regulation of the Use and Distribution of Marijuana Not Medically Prescribed

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Appendix B expand

935 C.M.R. 500.000—Adult Use of Marijuana

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