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Bill

S 92

Magistrates

2025-2026 Regular Session Introduced by Tom Young

Empowers the Cannabis Control Commission to suspend or revoke medical marijuana licenses of operators for illegal sales or a diagnosed cannabis use disorder.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · S 92

Summary — S.92 (Senate Docket No. 1028) — "An Act relative to medical marijuana oversight"

Overview / Purpose

S.92 (filed Jan 14, 2025; Sen. Patrick M. O’Connor, First Plymouth and Norfolk) proposes an amendment to Section 5 of chapter 94I of the Massachusetts General Laws to expand the Cannabis Control Commission’s authority over licensed medical marijuana (medical use marijuana) operators. The stated change would permit the Commission to revoke or suspend a medical use marijuana license in certain circumstances related to illegal sales or a licensee’s clinical diagnosis of cannabis use disorder.

Note: The bill text and file originate in the Massachusetts Senate. Some accompanying metadata in the provided materials (lists of federal senators as “sponsors,” alternate titles) appear inconsistent with the Massachusetts bill record; this summary focuses on the statutory amendment text and the bill’s state legislative history.

Key provision(s)

  • Amends Section 5 of chapter 94I by inserting language authorizing the Commission to:

    • revoke or suspend a medical use marijuana license to investigate a licensee who illegally sells medical use marijuana, or
    • revoke or suspend a license if the licensee “have been diagnosed with cannabis use disorder by healthcare professional.”

  • The insertion follows the existing sentence ending in “commission.” and adds the new authority text verbatim as provided.

Who would be affected

  • Medical use marijuana licensees (registered dispensaries, cultivators, and other license classes governed by chapter 94I).
  • The Cannabis Control Commission (administrative and enforcement processes).
  • Patients and staff associated with licensed operations (potential service interruptions if licenses are suspended).
  • Healthcare professionals/providers whose diagnoses are used as a basis for Commission action.

Procedural status & timeline (from provided record)

  • Introduced in Senate: 2025-01-14.
  • Referred to committees: Committee on Health and Committee on Cannabis Policy (records show multiple referrals and reports).
  • Hearing scheduled: 06/17/2025, 10:00 AM–1:00 PM in B-1.
  • Status as of 2025-06-13: COMMITTED TO RULES.
  • Several calendar/report entries and advances to third reading were recorded in Feb–June 2025.

Potential implications, ambiguities, and policy questions

  • Due process: The bill appears to allow suspension/revocation based on a healthcare diagnosis; it does not specify procedural protections, evidentiary standards, notice, or appeal rights for licensees.
  • Definition and proof: “Cannabis use disorder” is a clinical diagnosis; the bill does not define which diagnostic criteria, which types of healthcare professionals qualify to diagnose, or how the diagnosis must be documented.
  • Scope and enforcement: The phrase “to investigate a medical use marijuana licensee who illegally sells medical use marijuana” is ambiguous—does the Commission suspend as a preliminary investigative tool, or suspend only after findings? Clarity is needed on interim vs. final actions.
  • Privacy and medical confidentiality: Using a medical diagnosis as a basis for license action raises confidentiality and HIPAA-adjacent concerns.
  • Operational impacts: Suspensions based on diagnosis could disrupt patient access and business operations; enforcement aimed at illegal sales targets product diversion and compliance.

Related measures / notes

  • Related docket/reference: SD 1028 (replaces); prior-session bills listed (S.117, S.826, S.6247).
  • Primary sponsor in the Massachusetts filing: Patrick M. O’Connor. Other listed “sponsors” in the provided packet appear to reference federal legislators and are likely erroneous for this state bill.

If you’d like, I can draft suggested clarifying amendments (definitions, due process safeguards, evidentiary standards) or a one-page analysis of likely legal challenges and administrative rule changes that would follow enactment.

Compiled from official sources — confirm details with the bill’s official record.

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