Product Description

Recent updates:

• Update: February 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts Cannabis Law Manual current with this 2023 edition. . Inside, you will find new information on topics such as these, which represent only a fraction of what is included in this update:

  • Municipal zoning controls related to cannabis business development. Chapter 3 offers a discussion of the recently enacted legislation, "An Act Relative to Equity in the Cannabis Industry," Chapter 180 of the Acts of 2017 (the equity act), which makes numerous amendments to laws relative to land use considerations for cannabis business development. The chapter lists the act's practical effects.

  • Impact fees. See chapter 4 for a discussion of the amount being charged to the operator for so-called host community impact fees. The chapter mentions what was addressed in the 2022 legislation.

  • Court-supervised proceedings. Chapter 4 also discusses 500 C.M.R. 104(3), which provides for the role of court-supervised proceedings in the life cycle of a cannabis business licensee and the regulatory framework the commission has created for oversight of licensees' operations.

  • Hemp-related products. Chapter 5 discusses hemp-derived products, including those containing delta-8 and delta-10 THC, or synthetically enhanced products inclusive of delta-9 THC derived from Cannabis sativa L. plants that still meet the legal definition of hemp.

  • Regulation of cannabinoids under federal law. Chapter 7 discusses the Schedule I substance classification, by the DEA, of intermediate hemp extract (IHE) and waste hemp material (WHM) that exceeds the 0.3 percent delta 9 THC limit and two 2022 lawsuits challenging DEA conclusions regarding whether such products were subject to regulation.

  We at MCLE trust that you will find this new material useful in your law practice, and valuable in maintaining your law library.

  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., Law Offices of Richard M. Evans

Chapter 2 expand

Regulatory Considerations Applicable to the Licensing and Operation of Marijuana Establishments

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Adam D. Fine, Esq., Vicente LLP

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., Blank Rome LLP
Frank A. Segall, Esq., Blank Rome LLP

Chapter 5 expand

Business and Taxation of Cannabis

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Mitzi S. Keating, Citrin Cooperman

Chapter 6 expand

Business Policy Related to Cannabis

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Shanel A. Lindsay, Esq., Ardent Cannabis
Laury C. Lucien, Esq., Major Bloom

Chapter 7 expand

Hemp and Hemp-Derived Cannabinoid Issues

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Shawn Hauser, Esq., Vicente Sederberg

Exhibit 7A

- Hemp Industries Association v. Drug Enforcement Administration Buy Form

Exhibit 7B

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

Exhibit 7C

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

Exhibit 7D

- Statement by Former 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 7E

- FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol— Questions and Answers Buy Form

Exhibit 7F

- 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.,

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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