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Massachusetts Cannabis Law Manual

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  • Product Number: 2234304WCH
  • Publication Date: 2/17/2023
  • Edition: 2nd Edition 2023
  • Copyright: © 2023 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    The first practice manual on cannabis law for the Massachusetts legal community, this book provides not only Massachusetts-specific expertise, but also national insight and practical perspectives in this burgeoning area of practice. Authored by experts who represent and advise cultivators, manufacturers, retailers, micobusinesses, cooperatives, laboratories and research facilities, the book guides practitioners through uncharted territories related to licensing and its application process, zoning and municipal land use issues, corporate structuring and operations, taxation, business policy and its regulatory framework, hemp and cannabinoid business development, and the impact of federal cannabis, cannabinoid and hemp law and policy on commerce and employment.

    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

    Table of Contents

    expand all
    Chapter 1 expand

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

    Buy Chapter
    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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  • Editors & Authors

    Editor(s)

    Adam D. Fine, Esq., Vicente LLP, Boston

    Author(s)

    Michael D. Cutler, Esq., Florence
    Richard M. Evans, Esq., Law Offices of Richard M. Evans, Northampton
    Adam D. Fine, Esq., Vicente LLP, Boston
    Shawn Hauser, Esq., Vicente Sederberg, Denver
    Mitzi S. Keating, Citrin Cooperman, Providence
    Shanel A. Lindsay, Esq., Ardent Cannabis, Boston
    Laury C. Lucien, Esq., Major Bloom, Worcester
    Scott H. Moskol, Esq., Blank Rome LLP, Boston
    Valerio G. Romano, Esq., VGR Law Firm LLC, Boston
    Frank A. Segall, Esq., Blank Rome LLP, Boston
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