reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 45 - Photographing and Fingerprinting of Persons Charged With Felony

Section 45. Any person arrested for or charged with the criminal violation of any provision of this chapter which constitutes a felony may at the time of arrest or as soon thereafter as is practicable be photographed and fingerprinted according to the system of the state bureau of identification, and upon conviction any such fingerprints and photographs shall be made a part of permanent records of the police department of the municipality where the arrest took place, and without delay two copies of the fingerprints and photographs shall be forwarded, with such other description as may be required and a written history of the offense, to the state bureau of identification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94c - Controlled Substances Act › Section 48 - Severability

Section 48. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94d - Controlled Substances Therapeutic Research Act › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall have the following meanings:—
''Commissioner,'' the commissioner of public health.
''Department,'' the department of public health in the Executive Office of Health and Human Services.
''Marijuana,'' the plant Cannabis sativa L., tetrahydrocannabinol, or a chemical derivative or synthesis of tetrahydrocannabinol.
''Physician,'' a person licensed in accordance with the provisions of section two of chapter one hundred and twelve.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94d - Controlled Substances Therapeutic Research Act › Section 2 - Therapeutic Research Program

Section 2. There shall be in the department a therapeutic research program, hereinafter called the program, to conduct research and monitor experimentation in the use of marijuana as a therapeutic modality in alleviating the nausea and ill-effect of cancer chemotherapy and radiation therapy, in decreasing intraocular pressure in glaucoma patients, and in decreasing airway resistance in asthmatics.
Participation in the program shall be limited to patients with respect to whom a physician has certified the following: that the patient is threatened by loss of life or sight, or asthmatics who experience severe respiratory problems or discomfort; that the patient is not responding to or has incurred severe side effects from the administration of conventional controlled substances; and that the patient has given in writing his informed consent based upon information about the nature, duration, and purpose of the research, the method and means by which it is to be conducted, the inconveniences and hazards reasonably to be expected, and the effects upon the patient's health or person which may reasonably be expected to come from his participation.
The department shall contract with the national institute on drug abuse, the national cancer institute or any other manufacturer, distributor or analytical laboratory for the receipt of analyzed marijuana, as defined by the department, for distribution to an approved patient upon the written prescription of a physician. Any such program shall comply with all applicable federal and state laws.
For the purpose of implementing this act the commissioner shall make such rules and regulations as may be necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94d - Controlled Substances Therapeutic Research Act › Section 3 - Guidelines; Review; Reports; Access to Records; Closed Proceedings

Section 3. The department shall establish guidelines for the administration of the program, after consultation with medical, psychiatric and pharmacological experts. The department shall approve participation in the program in accordance with said guidelines for patients whose physicians certify that the administration of marijuana may have beneficial therapeutic effects. The department shall review the plans, studies, and proposed annual budget of the program and file an annual report of its activities pursuant to this chapter with the governor and the general court.
Except for its annual and interim reports, if any, the records of the department which are maintained pursuant to Chapter 94D shall not be deemed to be public records within the meaning of section seven of chapter four of the General Laws. The department may close any of its proceedings or meetings, and the provisions of section eleven A1/2 of chapter thirty A of the General Laws shall not be applicable thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94f - Complementary Provisions Concerning Tobacco Product Manufacturers › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall have the following meanings:—
''Brand family'', all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, ''menthol'', ''lights'', ''kings'' and ''100s'', and includes any use of a brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
''Cigarette'', as defined in chapter 94E.
''Commissioner'', the commissioner of revenue or the commissioner's duly authorized representative.
''Nonparticipating manufacturer'', a tobacco product manufacturer that is not a participating manufacturer.
''Master Settlement Agreement'', as defined in chapter 94E.
''Participating manufacturer'', as defined in section II (jj) of the Master Settlement Agreement and any amendments thereto.
''Qualified Escrow Fund'', as defined in chapter 94E.
''Stamper'', a person authorized by the commissioner to affix the excise stamp on packages or other containers of cigarettes pursuant to chapter 64C.
''Tobacco product manufacturer'', as defined in chapter 94E.
''Units sold'', as defined in chapter 94E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94f - Complementary Provisions Concerning Tobacco Product Manufacturers › Section 3 - Nonresident or Foreign Nonparticipating Manufacturers; Agents in Commonwealth

Section 3. (a) A nonresident or foreign nonparticipating manufacturer who has not registered to do business in the commonwealth as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage, without interruption, the services of an agent in the commonwealth to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of chapter 94E and this chapter, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the attorney general.
(b) In the event that a nonparticipating manufacturer terminates the authority of an agent, the nonparticipating manufacturer shall provide notice to the attorney general 30 calendar days before the termination and shall provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than 5 calendar days before the termination of the existing agent appointment. In the event that an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of the termination within 5 calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.
(c) A nonparticipating manufacturer whose products are sold in the commonwealth, without appointing or designating an agent as required in this section, shall be deemed to have appointed the state secretary as such agent and may be proceeded against in courts of the commonwealth by service of process upon said state secretary. The appointment of the state secretary as such agent shall not satisfy the condition precedent under section 2 to having the brand families of the nonparticipating manufacturer listed in the directory.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94f - Complementary Provisions Concerning Tobacco Product Manufacturers › Section 4 - Information Which May Be Required by Commissioner and Attorney General

Section 4. (a) Not later than 20 days after the end of each calendar quarter, and more frequently if so directed by the commissioner, each stamper shall submit such information as the commissioner requires to facilitate compliance with this chapter. The stamper shall maintain and make available to the commissioner and the attorney general all invoices and documentation of sales of all nonparticipating manufacturer of cigarettes and any other information relied upon in reporting to the commissioner for a period of 5 years.
(b) The commissioner may disclose to the attorney general any information received under this chapter and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this chapter and chapter 94E. The commissioner and the attorney general may share information received under this chapter and chapter 94E with each other and with other federal, state and local agencies for purposes of enforcement of this chapter, chapter 94E and the corresponding laws of other states.
(c) The attorney general may require from the nonparticipating manufacturer or from the financial institution at which the nonparticipating manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 94E, information and documents relating to such fund, including proof of the amount of money in the fund, exclusive of interest, and the dates and amounts of deposits and withdrawals.
(d) In addition to such other information as may be required, the commissioner and the attorney general may require a stamper or tobacco product manufacturer to submit information including, but not limited to, samples of the packaging and labeling of each brand family, as may be necessary to enable the commissioner and the attorney general to determine whether a stamper or a tobacco product manufacturer is in compliance with this chapter and chapter 94E.
(e) To promote compliance with this chapter and chapter 94E, the commissioner may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of subsection (c) of section 2 to make the required escrow deposit in quarterly installments. The commissioner and the attorney general may require production of information sufficient to enable the commissioner and the attorney general to determine the adequacy of the amount of the installment deposit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94f - Complementary Provisions Concerning Tobacco Product Manufacturers › Section 5 - Violations; Remedies; Penalties

Section 5. (a) No person shall: (i) sell or distribute cigarettes in violation of subsection (h) of section 2; or (ii) acquire, hold, own, possess, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the commonwealth in violation of said subsection (h). A violation of this section shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 1 year, or both.
(b) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamper has violated subsection (h) of section 2 or any regulation adopted pursuant to said subsection (c) of section 6, the commissioner may revoke or suspend the stamping authority of the stamper in the manner provided in chapter 62C or chapter 64C. Each stamp affixed and each sale or offer to sell cigarettes in violation of said subsection (h) of said section 2 shall constitute a separate violation. The commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 per cent of the retail value of the cigarettes sold or $5,000 for each violation.
(c) Any cigarettes that have been sold, offered for sale or possessed for sale in the commonwealth in violation of subsection (h) of section 2 shall be deemed contraband, and such cigarettes shall be subject to seizure and forfeiture. All cigarettes so seized and forfeited shall be destroyed and not resold.
(d) The attorney general, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of this chapter and to compel compliance with its terms.
(e) If a court determines that a person has violated this chapter, the court shall order any profits, gains, gross receipts or other benefits from the violation to be disgorged and paid to commonwealth.
(f) In any civil action brought to enforce this chapter or chapter 94E, the commonwealth shall be entitled to recover the costs of investigation and the costs of the action, including reasonable attorney fees and expert witness fees.
(g) A person who violates subsection (h) of section 2 shall be deemed to have engaged in an unfair and deceptive trade practice in violation of chapter 93A.
(h) Unless otherwise expressly provided, the remedies and penalties provided by this chapter are cumulative to each other and to remedies or penalties otherwise available.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94f - Complementary Provisions Concerning Tobacco Product Manufacturers › Section 6 - Conditions for Granting or Renewing Stamping Authority; Promulgation of Regulations; Conflicts With Provisions of Chapter 94e

Section 6. (a) A determination of the commissioner to not list or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed in section 4 of chapter 249.
(b) The commissioner shall not grant or renew stamping authority to a person unless the person has certified to the commissioner, in writing, that he is knowledgeable of this chapter and shall comply with its terms.
(c) The commissioner and the attorney general may promulgate regulations necessary to effectuate the purposes of this chapter.
(d) This chapter is not intended to and shall not be deemed to amend chapter 94E. If a court of competent jurisdiction finds that a provision of this chapter is in conflict with a provision of said chapter 94E, then the provision of said chapter 94E shall control and the provision of this chapter shall not apply. If any part of this chapter would cause chapter 94E to no longer constitute a ''model statute'' or a ''qualifying statute,'' as those terms are defined in the Master Settlement Agreement, then that part of this chapter shall not apply.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 5 - Licensing of Marijuana Establishments

Section 5. Licensing of marijuana establishments
(a) Upon receipt of a complete marijuana establishment license application and the application fee, the commission shall forward a copy of the application to the city or town in which the marijuana establishment is to be located, determine whether the applicant and the premises qualify for the license and has complied with this chapter and shall, within 90 days:
(1) issue the appropriate license; or
(2) send to the applicant a notice of rejection setting forth specific reasons why the commission did not approve the license application.
(b) The commission shall approve a marijuana establishment license application and issue a license if:
(1) the prospective marijuana establishment has submitted an application in compliance with regulations made by the commission, the applicant satisfies the requirements established by the commission, the applicant is in compliance with this chapter and the regulations made by the commission and the applicant has paid the required fee;
(2) the commission is not notified by the city or town in which the proposed marijuana establishment will be located that the proposed marijuana establishment is not in compliance with an ordinance or by-law consistent with section 3 of this chapter and in effect at the time of application;
(3) the property where the proposed marijuana establishment is to be located, at the time the license application is received by the commission, is not located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, unless a city or town adopts an ordinance or by-law that reduces the distance requirement; and
(4) an individual who will be a controlling person of the proposed marijuana establishment has not been convicted of a felony or convicted of an offense in another state that would be a felony in the commonwealth, except a prior conviction solely for a marijuana offense or solely for a violation of section 34 of chapter 94C of the General Laws, unless the offense involved distribution of a controlled substance, including marijuana, to a minor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 6 - Expiration and Renewal

Section 6. Expiration and renewal
(a) License term. Unless the commission authorizes the renewal of a license for a longer period, all licenses under this chapter shall be effective for 1 year from the date of issuance.
(b) Renewal. The commission shall issue a renewal license within 30 days of receipt of a renewal application and renewal license fee from a marijuana establishment to licensees in good standing and who have filed any tax returns required pursuant to chapter 64N of the General Laws.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 8 - Marijuana Accessories Authorized

Section 8. Marijuana accessories authorized
Notwithstanding any 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 and shall not be subject to seizure or forfeiture of assets for possessing, purchasing or otherwise obtaining or manufacturing marijuana accessories or for selling or otherwise transferring marijuana accessories to a person who is 21 years of age or older.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 10 - Contracts Pertaining to Marijuana Enforceable

Section 10. Contracts pertaining to marijuana enforceable
It is the public policy of the commonwealth that contracts related to the operation of marijuana establishments under this chapter shall be enforceable. A contract entered into by a licensee or its agents as permitted pursuant to a valid license issued by the commission, or by those who allow property to be used by a licensee or its agents as permitted pursuant to a valid license issued by the commission, shall not be unenforceable or void exclusively because the actions or conduct permitted pursuant to the license is prohibited by federal law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 11 - Provision of Professional Services

Section 11. Provision of professional services
A person engaged in a profession or occupation subject to licensure shall not be subject to disciplinary action by a professional licensing board solely for providing professional services to prospective or licensed marijuana establishments related to activity under this chapter that is not subject to criminal penalty under the laws of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 12 - General Marijuana Establishment Operation

Section 12. General marijuana establishment operation
(a) In addition to requirements established by regulation pursuant to section 4 of this chapter or by a city or town pursuant to section 3 of this chapter, a marijuana establishment shall:
(1) secure every entrance to the establishment so that access to areas containing marijuana is restricted to employees and others permitted by the marijuana establishment to access the area and to agents of the commission or state and local law enforcement officers and emergency personnel; and
(2) secure its inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana products and marijuana accessories.
(b) No marijuana establishment may cultivate, process, test, store or manufacture marijuana or marijuana products at any location other than at a physical address approved by the commission and within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the marijuana establishment to access the area. A greenhouse or outdoor marijuana cultivation area shall have sufficient security measures to demonstrate that outdoor areas are not readily accessible by unauthorized individuals, including perimeter security fencing designed to prevent unauthorized entry.
(c) No marijuana establishment shall allow cultivation, processing, manufacture, sale or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft or other optical aids.
(d) No marijuana establishment shall refuse representatives of the commission the right at any time of operation to inspect the entire licensed premises or to audit the books and records of the marijuana establishment.
(e) No marijuana establishment shall allow any person under 21 years of age to volunteer or work for the marijuana establishment.
(f) No marijuana establishment shall cultivate, manufacture, sell or otherwise transact business with any products containing cannabinoids other than those that were produced, distributed and taxed in compliance with this chapter or any hemp and hemp products cultivated and manufactured in compliance with a license from the department of agricultural resources pursuant to chapter 128 and is in compliance with regulations set forth by the United States Department of Agriculture.
(g) No licensee shall operate a marijuana establishment without an operations certificate issued by the commission.
(h) Each licensee shall file an emergency response plan with the fire department and police department of the host community.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 14 - Marijuana Regulation Fund

Section 14. Marijuana Regulation Fund
(a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Marijuana Regulation Fund. It shall, subject to appropriation, consist of all monies received on account of the commonwealth as a result of applications for and licensing of marijuana establishments, all civil penalties received for violations of this chapter, revenue generated by the state tax imposed by section 2 of chapter 64N of the General Laws and interest earned or other income on balances in the fund.
(b) Money in the fund shall be subject to appropriation. Money in the fund shall be expended for the implementation, administration and enforcement of this chapter by the commission and by the department of agricultural resources for the implementation, administration and enforcement of sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B; provided, however, that, annually, 15 per cent of the fund shall be transferred to the Cannabis Social Equity Trust Fund established in section 14A. Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) public safety; (iii) municipal police training; (iv) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (v) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 16 - Limitations on Number of Licenses

Section 16. No licensee shall be granted more than 3 marijuana retailer licenses, 3 medical marijuana treatment center licenses, 3 marijuana product manufacturer licenses or 3 marijuana cultivator licenses; provided, however, that a licensee may hold 3 marijuana retailer licenses, 3 medical marijuana treatment center licenses, 3 marijuana product manufacturer licenses and 3 marijuana cultivator licenses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 18 - Audits; Reports

Section 18. The commission shall audit as often as the commission determines necessary the accounts, programs, activities, and functions of all licensees. To conduct the audit, authorized officers and employees of the commission shall have access to such accounts at reasonable times and the commission may require the production of books, documents, vouchers and other records relating to any matter within the scope of the audit, except tax returns. The superior court shall have jurisdiction to enforce the production of records that the commission requires to be produced under this section and the court shall order the production of all such records within the scope of any such audit. All audits shall be conducted in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants. In any audit report of the accounts, funds, programs, activities and functions of a licensee issued by the commission containing adverse or critical audit results, the commission may require a response, in writing, to the audit results. The response shall be forwarded to the commission within 15 days of notification by the commission.
On or before April 1 of each year, the commission shall submit a report to the clerks of the house of representatives and the senate who shall forward the report to the house and senate committees on ways and means, which shall include, but not be limited to: (i) the number of audits performed under this section; (ii) a summary of findings under the audits; and (iii) the cost of each audit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 19 - Liability to Commonwealth Under This Chapter as Debt

Section 19. Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Once a statement naming a licensee is recorded, registered or filed, any such debt shall constitute a lien on all commercial property owned by a licensee in the commonwealth and shall have priority over an encumbrance recorded, registered or filed with respect to any site.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 20 - Application of Chapters 62 to 62e, 63 and 63b

Section 20. A licensee shall be subject to chapters 62 to 62E, inclusive, and chapters 63 and 63B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94g - Regulation of the Use and Distribution of Marijuana Not Medically Prescribed › Section 22 - Social Equity Program

Section 22. The commission shall administer a social equity program to encourage and enable full participation in the marijuana industry of people from communities that have been disproportionately harmed by marijuana prohibition and enforcement and to positively impact those communities. The program shall offer: (i) technical assistance and training; and (ii) guidance on how to access funds available through the Cannabis Social Equity Trust Fund, established in section 14A, to individuals certified by the commission as economic empowerment priority applicants and that meet other criteria determined by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 1 - Definitions

[Chapter 94H effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Chapter 94H: Section 1. Definitions
[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
''Covered drug'', any brand name or generic opioid drug placed in Schedule II or Schedule III of section 3 of chapter 94C; provided, however, that ''covered drug'' shall also include benzodiazepines; provided, further, that ''covered drug'' shall not include: (i) drugs intended for use solely in veterinary care; (ii) substances that are regulated as cosmetic products under the United States Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.; (iii) drugs that are compounded under a specialty license pursuant to sections 39G to 39J, inclusive, of chapter 112; (iv) hypodermic needles, lancets or other sharps products subject to collection and disposal procedures established in section 27A of chapter 94C; or (v) drugs approved and used primarily for medication-assisted substance use disorder treatment.
''Department'', the department of public health.
''Drug stewardship program'', a program financed by a pharmaceutical product manufacturer or a group of manufacturers to collect, secure, transport and safely dispose of unwanted drugs.
''Pharmaceutical product manufacturer'' or ''manufacturer'', an entity that manufactures a controlled substance under a United States Food and Drug Administration manufacturer's license, except for an institutional pharmacy, as defined in section 39D of chapter 112 or a wholesaler.
''Prescription drug'', any drug product which may be dispensed pursuant to chapter 94C under a written prescription by an authorized prescriber.
''Stewardship organization'', an organization designated by a manufacturer or a group of manufacturers to act as an agent on behalf of the manufacturer or the group of manufacturers to implement and operate a drug stewardship program.
''Unwanted drug'', a covered drug: (i) that is no longer wanted or intended to be consumed, or that is abandoned, discarded, expired or surrendered by the person to whom it was prescribed; or (ii) voluntarily deposited at collection points co-located with a law enforcement agency; provided, however, that ''unwanted drug'' shall not include: (A) waste or unused drug products from a pharmacy, hospital or health clinic or other commercial sources that the department may determine by regulation to be a nonresidential source; or (B) drug products seized by law enforcement officers in the course of their law enforcement duties.
''Wholesaler'', an entity licensed pursuant to section 36B of chapter 112.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 2 - Operation or Participation in Drug Stewardship Program Required; Powers and Duties of Department

[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 2. (a) Any pharmaceutical product manufacturer selling or distributing a covered drug to consumers in the commonwealth, whether directly or through a wholesaler, retailer or other agent, shall: (i) operate a drug stewardship program approved by the department individually or jointly with other manufacturers; (ii) enter into an agreement with a stewardship organization that shall operate a drug stewardship program approved by the department; or (iii) enter into an agreement with the department to operate an alternative plan under section 6.
(b) The department shall establish a process to review applications for approval and renewal of a manufacturer's drug stewardship plan. The department shall consult with the Massachusetts Biotechnology Council, the Interagency Council on Substance Abuse and other interested parties in developing the requirements of a drug stewardship program.
(c) Each operator of a drug stewardship program shall file an annual written report to the department describing the program's activities for the prior year and the volume and type of unwanted drugs collected not later than March 1.
(d) The department shall review for renewal each drug stewardship program at a frequency to be determined by the department.
(e) The department shall publish and make publicly available a list and description of each approved drug stewardship program and shall update this list at a frequency determined by the department.
(f) The department may promulgate regulations to implement this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 3 - Drug Stewardship Program Plan; Requirements

[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 3. A manufacturer or stewardship organization seeking approval for a drug stewardship program shall submit, in a manner and form determined by the department, a plan that meets, but is not limited to, the following requirements:
(i) a collection system to provide convenient, ongoing collection services to all persons seeking to dispose of unwanted drugs; provided, however, that the collection system may accept any covered drug and any other prescription drug in a pill formulation regardless of its schedule, brand or source of manufacture; provided further, that the collection system shall include 2 methods as recommended by the department, which may include, but not be limited to: (A) a mail-back program that provides prepaid and preaddressed packaging for a pharmacy to distribute when filling a prescription for a covered drug or upon request by a consumer; (B) collection kiosks; (C) drop-off day events at regional locations; (D) in-home disposal methods that render a product safe from misuse and that comply with applicable controlled substance regulations and environmental safety regulations; or (E) any other method recommended pursuant to United States Drug Enforcement Administration guidelines;
(ii) adequate provisions for the security of unwanted drugs throughout the collection process and the safety of any person involved in monitoring, staffing or servicing the stewardship program;
(iii) a plan for public outreach and education about the drug stewardship program;
(iv) a plan for the manufacturer or stewardship organization that provides the operational and administrative costs associated with the program; provided, however, that no point-of-sale, point-of-collection, processing fees or other drug cost increases may be charged to individual consumers to recoup program costs;
(v) an attestation that the program shall comply with all applicable state and federal requirements for the collection, security, transport and disposal of drug products, including any requirements established by rule or regulation of either the United States Drug Enforcement Administration or the United States Environmental Protection Agency; and
(vi) any other requirements established by the department for the safe and effective administration of a drug stewardship program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 4 - Notice of Requirements or of Noncompliance; Penalty; Appeal

[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 4. (a) The department shall send a notice to a pharmaceutical product manufacturer that sells or distributes a covered drug in the commonwealth that has not submitted an application for approval under section 2, informing the manufacturer of the requirements to comply with this chapter. Any manufacturer in receipt of a notice shall submit an application for approval under said section 2 within 180 calendar days of receipt of such initial notice.
(b) Upon becoming aware that a pharmaceutical product manufacturer has discontinued its drug stewardship program or has altered the program such that the program no longer fulfills the requirements of this chapter, the department shall send a notice of noncompliance to the manufacturer. A manufacturer in receipt of a notice of noncompliance shall take all required corrective steps to reestablish compliance with this chapter or submit a written appeal of the notice of noncompliance to the department within 90 days of receipt of the notice of noncompliance.
(c) If after consideration of an appeal or if the manufacturer does not appeal within 90 days of receipt of the notice of noncompliance the department determines that the manufacturer continues to be in noncompliance with this chapter, the department may assess the manufacturer a penalty in a manner to be determined by the department. If the department plans to assess a noncompliance penalty against a manufacturer pursuant to this section, the department shall send notice of the penalty and the right to appeal the penalty to the manufacturer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 5 - Scope of Requirements; Application to Retail or Outpatient Pharmacies

[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 5. (a) The requirements established by the department, in consultation with Massachusetts Biotechnology Council, the Interagency Council on Substance Abuse and other stakeholders, may exceed, but shall not conflict with, any obligations imposed on a manufacturer by a risk evaluation and mitigation strategy approved by the United States Food and Drug Administration.
(b) Nothing in this chapter shall require a retail pharmacy or a pharmacist practicing in a retail setting to participate in the collection, securing, transport or disposal of unwanted drugs.
(c) No stewardship program shall require an outpatient pharmacy to participate in the collection, securing, transport or disposal of unwanted drugs or to provide a space for or to maintain a collection kiosk within an outpatient pharmacy unless the pharmacy certifies, in writing, that this participation is voluntary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94h - Drug Stewardship Program › Section 6 - Alternative Plan to Drug Stewardship Program

[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]
Section 6. The department shall, in consultation with the Massachusetts Biotechnology Council, the Interagency Council on Substance Abuse and other interested parties, develop an alternative plan to the drug stewardship program established under sections 2 to 5, inclusive. A manufacturer who opts into a plan established under this section shall be exempt from sections 2 to 5, inclusive.
A plan established under this section may permit contributions by manufacturers to the Substance Abuse Services Fund established in section 2I of chapter 111, in a manner determined by the department. A manufacturer participating in a plan established under this section shall not pass the cost of any contribution on to the consumer or a health insurance carrier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94i - Medical Use of Marijuana › Section 3 - Maintenance of Database; Confidentiality of Records and Communications

Section 3. (a) The commission shall maintain a confidential, interoperable database including, but not limited to: (i) the qualifying patients issued a registration card for medical use of marijuana; (ii) the healthcare professionals registered to issue written certifications; (iii) the name of any medical marijuana treatment center; (iv) the quantity of medical use marijuana dispensed to a card holder; and (v) any other pertinent information. Individual names and other identifying information shall be exempt from section 10 of chapter 66, and not subject to disclosure, except to employees of the commission in the course of their official duties, medical marijuana treatment centers to facilitate dispensing of medical use marijuana and to state or local law enforcement officials for the purposes of conducting an investigation pursuant this chapter.
(b) Every registered qualifying patient shall have the right to confidentiality of all records and communications related to their care provided by a medical use marijuana licensee or establishment or by a registered healthcare professional to the extent provided by law. Such records shall not be deemed public records as defined by clause Twenty-sixth of section 7 of chapter 4. No provision of this subsection relating to confidentiality of records shall be construed to prevent access to any such records by the commission or its agents, a healthcare professional who has a bona fide healthcare professional-patient relationship with the patient, a medical marijuana treatment center or any state or local law enforcement official for the purposes of conducting an investigation pursuant this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94i - Medical Use of Marijuana › Section 6 - Limitations on Effect of Chapter

Section 6. This chapter shall not:
(i) require any health insurance provider, or any government agency or authority, to reimburse any person for the expenses of the medical use of marijuana;
(ii) require any healthcare professional to authorize the medical use of marijuana for a patient; or
(iii) amend existing penalties for operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery while impaired by marijuana or a marijuana product.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94i - Medical Use of Marijuana › Section 7 - Rules and Regulations for Implementation of Chapter; Application Fees

Section 7. The commission shall promulgate rules and regulations for the implementation of this chapter under the procedures of chapter 30A. The commission shall set application fees for medical marijuana treatment centers so as to defray the administrative costs of the medical marijuana program and ensure the medical marijuana program is revenue neutral.
No regulation of the commission regarding the medical use of marijuana shall be more restrictive than any rule or regulation promulgated by the department of public health pursuant to chapter 369 of the acts of 2012 and in effect on July 1, 2017.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 95 - Measuring of Leather › Section 1 - Measurers of Leather; Appointment; Revocation of Certificate

Section 1. The mayor of a city or the selectmen of a town, upon the request of two or more voters thereof, shall annually appoint one or more measurers of leather who have been certified by the director of standards as fit persons for such appointment, and who shall be sworn to the faithful performance of their duty. The director of standards may at any time, for cause, revoke such certificate of fitness, and such revocation shall immediately render such appointment void.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 95 - Measuring of Leather › Section 3 - Duties of Measurer

Section 3. Each measurer, upon request, shall go to any place within the town for which he is appointed and there ascertain the area of each skin or side or other portion of leather submitted to him. For this purpose, he shall use only such racks, measures or mechanical devices as have been legally tested and sealed, and shall mark or cause each skin or side or other portion of leather to be marked with indelible figures giving the measurement thereof in square feet, including fractions as small as one quarter of a foot. After the area of any skin or side or other portion of leather has been determined as aforesaid, it shall be permissible to add one quarter of a foot to such measurement for any remaining fraction greater than one eighth of a foot; but no such remaining fraction of less than one eighth of a foot shall be added or included in such measurement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 95 - Measuring of Leather › Section 4 - Sale of Unmeasured Leather

Section 4. Whoever sells or offers leather for sale by measure shall cause the same to be measured by a sworn measurer unless such leather has previously been measured by a sworn measurer of a town in the commonwealth, or by some person lawfully appointed therefor in any other state, or unless the measurement thereof has been expressly waived in writing by the buyer and seller thereof. Whoever violates this section shall be punished by a fine of not less than ten nor more than fifty dollars.