2021-06-01 00:00:00 - Joint Committee on Cannabis Policy
2021-06-01 00:00:00 - Joint Committee on Cannabis Policy
SHOW NON-ESSENTIAL DIALOGUE
and welcome to our hearing. I think I will virtually gavel this hearing into session and I would like to welcome everybody to the public hearing of. The Joint cannabis policy Committee is now officially convened. I'm dan Donahue on the House chair of the cannabis policy committee and glad to have so many people on the call today, especially after a rather chilly holiday weekend. Hope everyone enjoyed, enjoyed some time off. I'm also joined by my esteemed Senate271 chair Senator uh Sonia chang Diaz, who is also on this call. Um and I like to kind of just run through and introduce some of the members of the committee. Um Senator, I282 don't if you want to introduce the Senate members first. Uh Thanks mr Chairman. I am scanning and I believe I see Senator Collins uh is present and I think that might be it for our Senate members so far. But if I see any others pop it and I'll try and introduce them as we proceed. Perfect, Thank you. And yeah, we'll choose members as they jump on as well as obviously people coming and going from different meetings. But on the House side I see we're joined by my vice chairman, Representative paul Schmidt from Westport. I see Representative Alan Sylvia from Fall River is on the call um as well as Representative Mana Howard from Lowell and just scanning through the list, who else? Oh, I see. Uh Senator Susan Moran is joined just recently. Uh the ranking member, Senate, Representative paul Frost Aubert is on the call. Representative lindsey Sabado psA from North Hampton has joined us. And I believe that any other House members that I missed that might be on on the phone line. Pat Duffy from Holyoke is here. I missed you last hearing as well. I apologize for that. That w from polio did the same thing last night. All good, all good. Excellent. So I think that's what we have on the line right now and I'll introduce members as we kind of go through the hearing, but like to welcome everybody for participating. And just a few things to note, obviously we're doing virtual uh still as we kind of come out of this pandemic, so just a couple quick reminders to please mute your audio when you're not testifying. Um and then when you are called on to testify to make sure you amuse yourself so that we can hear you. Um and also if you're comfortable enough387 to please turn on your video. So we could hear if we could also see you while you testify as well. Um Also make sure if you could that your name appears on the bottom of your video box.397 Just be helpful for staff to see who is in attendance so that we can make sure you're, you're on the call when we are about to call on you. Um, and if now we can, we can always move you around if you somehow get kicked off forever like that, happy to kind409 of take you out of turn later on. Also just pay attention closely to the chat function,414 which you can access by clicking on the little dialog box, little dialogue bubble that's on the top of the team's app. Um, in this chat will be updating all the participants on who's going to be up next to testify. So you'll see periodically check them up to maybe give the next couple speakers so that people know when they're going to be called on in the order that they're going to be called on as well. Um, also just to make sure that439 everybody has time to be heard today, we have quite a few lists of test fires that we want to have everybody limit their testimony to three minutes. Um And the staff is gonna maintain a timer to notify everybody of how much time they have left. Um It will be indicated on a455 shared screen and you'll get a warning when you have one minute left in your testimony and then another warning when you have expired your three minutes. So if you want to look right now at Michael baker screen, if it comes up he'll show you he'll be raising a piece of paper which will show the your time is up. Everyone can see Mike's screen I think. And then obviously again when when you've run out of time as well, so everyone can kind of see that when he pops up, you got the one minute left and then you have your your time has expired. Um But please know that we will be accepting written testimony um at any time. So if you want to email um myself or Sonia's email any time you get those those email addresses from the legislature's website at M. A. Legislature dot gov. And you can just send those over. So if you aren't able to get all what you want to say in your three minutes, please make sure you can share that with us and then we'll share that with the rest of the committee. Another thing we may take legislators out of turn who aren't on the committee that we should testify to one of the bills, but we'll alternate that with the public testimony period as523 well so that we can kind of keep things moving. Um But if that happens we'll make sure that we address that in the chatter. We'll bring that up as we identify the legislators who have logged in. So, but those ground rules, um I think that's pretty much the background and think there's anything else senator you wanted to add her? I think we're good. So I think this this is a hearing that we're going to be hearing testimony on bills related to help in agriculture. And I think I'll call on the first panel to come up and address the address the committee. And that's a panel of Sanford Louis Sue Hiko, no David Dewitt and john Piasecki. You guys with us?
Yes. Thank you. If you guys want to if you have your own order. But what we'll do is we can take uh it's john Dave serpico. And then Sanford. Perfect. And then we can uh for the committee's members will just let you know, we'll kind of take those four testimony581 and then if we have any questions or comments afterwards, I can, I'll call on the committee members so take it away. Oh,587 shall I begin john? Yes. Okay.
JON PIASECKI - WISEACRE FARM - HB 168 - So my name is Jon Piasecki. I'm the smallest recreational cannabis farmer that's licensed to uh operate in the state. Uh, I've developed my own strains. Right now I'm going through the sexing process because it's very rare for me to sit still for this607 long. Um, it's a very labor intensive and time consuming bit of work to generate these plants. Um, and one of the big problems is the plant is for the most part a dry land plant. It evolved in central Asia. Uh, a lot of the genetic work that's been done on, it has been done in California and Colorado, where there's very different climatic conditions than there are here, uh,632 in Massachusetts. And one of the problems those of us who were in the first wave of figuring this out are running into is that late in the season in particular. We run into a lot of problems with one pest, the powdery mildew fungus which is specific to cannabis.
And another the botrytis fungus Botrytis cinerea, which is a generalist fungus that causes what's655 called bud rot. Right now, the way the laws are structured again, the CCC in my experience I finished a crop last year has tried very hard to work with us to help us. But they're sort of hands are tied as they will not allow us to use anything except for products that are on the 25B list with the EPA. Uh some of those are marginally effective. One that I very much like to use is on the Inert list. It's called potassium bicarbonate. Uh It's commonly used throughout all organic practice across the country extensively in Cannabis. Uh We're not even allowed to mix it ourselves to use it. And what it does is it essentially changes the pH of the buds. Uh so that the fungus can't grow. It leaves, no residue again. It's on the 25B inter list and I still can't use it.
So I don't know if you can see my garden. You know I've been working for months to try to pull this together. I grow these crops I haul the water from a stream where I collect715 rainwater, make it716 composed. I can easily blend uh huh herbicide essentially with that uh, my crop last year to bud rot. Um I did very well with powdery mildew because I use UVC Light. Uh So we really need some help. We can't uh And this is my 5000 foot where I can baby plant individually. The larger growers have no chance to do this. They are, you know, at above 10,000 square feet, you really can't.
I'm under full heating so I get good air, to minimize the pesticide, the sun is perfect. Uh And still because cannabis grows these big thick dense759 buds, I get bud rot and it costs me my crop. Um So I implore you to please consider allowing us farmers to use uh Really what every other farmer who's practicing organic agriculture in the country can use which is this potassium bicarbonate. Secondary to that the plant immune system is more complex and slightly different than ours. There are organic products based on chitin from insects and also from crabs. SHOW NON-ESSENTIAL DIALOGUE
My time is up ah Is my time up. Uh Yeah that was just the three minutes. But you're welcome to share more information. Let us use chitin. Thank you. Perfect. And we appreciate the look around the backyard. That's very interesting. Very cool. Thank you.
I believe. Am I next stanford? Yep.
DAVID DEWITT - DAVE'S GREENS - HB 168 - All right, my name is David DeWitt and I own Dave's Greens Organic Farms. 33 years now I've been farming organically. I have my degree in soil and plant science. I also I'm currently have an application with the CCC for the craft cooperative license geared towards farming farmers. You need to have a schedule F to get this license. Um I've been practicing good practices on our farm forever. 30 years using integrated best benefit technologies. A lot of the things that all the other organic farmers use. Uh when growing cannabis on my home lots I have tried a lot of different organic products that I use on my farm. I'm now trying it on cannabis to see if it works with particularly bud rot to try to scenario as the last speaker mentioned.
Um There's other there's other issues besides fungus. There's also a few pests that end up creating877 the fungus issue, particularly worms that get in there, the worms defecate that makes a, for fungus to grow. Um There are currently products such as Regalia that's used all over the west coast in cannabis. It's been approved for cannabis use. It's a extract of the giant knotweed plant and it's been very effective against detritus and also partly use it as a preventative. Um It's easier vent ah disease and fungicides organically than it is to treat them once it happens. So it's very important that we have tools in our toolbox to be able to utilize these products. There's a company927 called, and I suggest you go check and have an information sheet of products available for cannabis production.
And you'll see that there's a list all different things for different pests. Uh when it comes941 to insects, aphids, thrips mites or anything. Yeah. There are plenty of products that have been applied all over the country safely. A lot of people say well smoke it. It makes it different. But most of these are also used on tobacco. So we implore you that we can uh use these products our business. Um My preferable cooperative, it's called Hydro Have Cooperative and we're based in Truro. And we've been working at this for five years. Um right now we're worried that the use of anything besides the 25B list which really hamstrings us.
If we could use other products help. Um The testing regulations need a little adjusting as well. Um currently what's happening in most of the facilities plants are getting bioremediated before they get tested And that ruins the quality of either medicine medicinally or recreation. So we don't want or radiation UV processing to grow a natural plant in the sun as well. So I implore you to please work your best to get the organic farm bills H 168 passed. Thank you very much Chair for your time. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Mhm. Okay. Okay.
SUEHIKO ONO - EOS FARM - HB 168 - Uh Good morning everybody. Thank you for for hosting this. My name is Suehiko Ono, I'm co founder and CEO of EOS Farm. Uh we're one of the licensed outdoor cultivators in Massachusetts Uh located in Pittsfield. Um I was trained at UC Santa Cruz Center for Agroecology and Sustainable Food Systems uh in Ecological Horticulture. Uh then farmed for a number of seasons before I went to law school which I don't often admit out loud. Um after doing all that I find myself now um in this industry absolutely just exciting and very excited to be participating. The mission that we went into this uh to accomplish was to connect cannabis to small local farms1077 as a means to attract capital and revenue.
And there are two basic ways to look at agriculture, I think conceptually. One is the1088 very sterile uh sort of inert, medium water soluble delivery into a plant, and then the other is a very, very integrated, biologically active approach. Um And if you've ever been out in the soil, you may know that it's very difficult to make soil sterile. Uh and in fact, what you want to do is a encourage very, very diverse microbiome. Plants use very similar adaptive traits to all other animals. So, for example, one of the things that we know is uh acidophilus in yogurt is very good to consume because of the effect that it has on our digestion and immune. Well very similar strategies, adaptive strategies are used by plants both above and below the ground. And for us to really mimic that and to engage that one strategy is to encourage the environment for the natural selection of microbes.
The other approach is to actually inoculate the plant with microbes that are beneficial. And of the hundreds of thousands of species, millions of individuals of microbes that you'll find in the1155 environment, a small selection of those would be harmful. And one of the things that farmers will do is apply these microbes as a means to outcompete those diseases and pests. And a lot of those those molecules and microbiology have been studied by the federal government USDA EPA And they've been found to be completely benign and when they find1183 it to be benign, they give it a registration number. Now Unfortunately because of the conflict of federal and state law MDAR very understandably in the in the spirit of great caution has decided not to allow any of these of these molecules or biology that are often used because they are benign throughout organic agriculture.
Uh these are things that really do not cause any harm to humans and in fact really often have no interaction with humans whatsoever. Um, so the ability to use these are crucial I think. And going back to my original claim, the idea is to bring these two farmers which was clearly part of the legislative intent when these things were all passed. Um, but there are some technical hurdles and this is one of them. And it's not exclusive to outdoor growers, this is to anyone who1234 wants to use best biological, so called sustainable or organic practices. This is crucial. Um I don't know what my time is, but I think that may be it. I just wanted to give some more conceptual broad stroke to add to what Jon and Dave said. So, thank you very much for your time.
SHOW NON-ESSENTIAL DIALOGUE
Okay, thank you. Mr Ono
SANFORD LEWIS - NORTHEAST SUSTAINABLE CANNABIS PROJECT - HB 168 - SB 71 - HB 171 - HB 146 - Chairs Donahue and Chang-Diaz members of the committee. I'm Sanford Lewis speaking as general counsel of the Northeast Sustainable Cannabis Project based in Amherst. I want to begin by talking about the urgent climate change implications of enacting the tools of organic farming bill H 168. The current Massachusetts regulatory environment including misguided pesticide board constraints addressed by this bill is driving cannabis indoors and therefore driving up1295 greenhouse gas emissions. Because the cannabis commission has failed to do so as an independent public interest organization, we have estimated current energy consumption by the sector. Our estimate based on an assumption of only 50% cultivation of Licensed, current licensed canopy and under current lighting standards, is that the indoor cannabis sector is already consuming 10% of Massachusetts, industrial sector's electricity consumption.
Since the cannabis sector could triple in size by the time supply and demand level out, the impact is likely to be quite a bit larger. So this means that just as other industries are working hard to curtail their climate impacts, energy intensive indoor cannabis has come along to undermine the Massachusetts goal of reducing greenhouse gases emitted by 80%, by 2050. H 168 would alleviate one element of the pressure toward indoor cultivation by eliminating1356 the pesticide board's ban on basic organic farming tools. Regulator's distorted handling of the microbial environment is reflected in the ban, as well as in the cannabis commissions testing standards. The bill would properly authorized cannabis farmers to use EPA approved strategies of applying harmless fungi or microbes to out compete pests.
And those tools are already legal in other states, Colorado California and Oregon. So this is a fundamental sustainability issue. And I would add that the distorted regulatory approach is also reflected in the cannabis commission's testing standards. And that there is a petition pending that Suehiko who just spoke, has filed, which would shift the testing standards from detecting all microbes and fungi, which if you think about what you just heard everybody else talk about makes no sense, but rather focus on testing for pathogens. So we support the petition and we encourage the committee members to track progress on that petition and to consider further legislative oversight if necessary. We'll submit written testimony with additional documentation. I also want to voice my support for agricultural classification of hemp under S 71 and H 171 and expanding the commercial rights of1437 hemp farmers. H 146. Thank you for your work toward sustainability and fairness in this sector. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much to the entire panel. We appreciate it Sanford for your your your input. Is there uh this time, is there any questions from any of the committee members for any of the panelists
have a question. Mr Chair. Absolutely.
SEN CHANG-DIAZ - Um Mr Lewis, I'm just wondering if you can back up a little bit in your testimony to the statistic that you gave about energy consumption in the cannabis industry? Did I understand you correctly that your assertions that the cannabis industry is consuming 10% of total industrial electricity consumption in the state?
LEWIS - That's right, yeah.
CHANG-DIAZ - that's a remarkable statistic. Could you? It's okay if you don't have it right at your fingertips this moment, but if you could provide the committee with the citation for that, you know, where that,
LEWIS - What we have is a spreadsheet where you can see the math. We went through each licensee and uh, did math. Now, you know, I mean, really, this should be1501 a job that the cannabis commission should1502 be doing. And so, you know what we did our best to pull together assumptions. And so we have we have the math for that. Um, we really would like the cannabis commission to be doing such math. And they haven't even been really tracking electric consumption for the first few years very well. Um, so it's an approximation, but I think it's not too far off. There's also really good paper by Evan Mills an energy scientist, um that talks about this in broader, in the national uh context. And I'll provide you with that important paper as well.
CHANG-DIAZ - Thank you. If you, you know, this may be a bridge too far, but if1542 you have any data um about sources of that electricity use, that would also be, you know, if there are farms, for example, that are using solar, um, as opposed to traditional sources that would be helpful to know, uh, thanks. Mr. Chair. SHOW NON-ESSENTIAL DIALOGUE
from any other questions from the committee,
feel free to raise your hand or speak up if I can't see it.
Okay.
Oh, not seeing any. I want to thank the panelists for the information and we look forward to someone that they follow up on1583 those numbers. That sounds very interesting.
Excellent. Just before we move on to the next presenter, I just want to introduce state Representative Mike Sauder hasn't joined us from the town of Bellingham. Thanks for joining us. Um Next1595 up to testify, we have Matthew Greg. Um If you like to uh do your testimony now. Be wonderful.
MATTHEW GREGG -AV ROSE FARMS - HB 146 - SB 71 - How's everybody doing? My1604 name is Matthew Gregg. I am a standing partner at AV Rose Farms. That's what an S and Cloudy Today Wholesale Distribution. Um Good afternoon Senate committee House committee and just the committee altogether. I'm go ahead and get started. I'm in support of Senate Docket 2064 that's S 71 and House Bill 146 Yes. The cannabis plant when I mean cannabis including hemp plant is considered an agricultural plant by its design and purpose. Intended to be versatile, nutrient rich and not needing much water but with the symbiotic soil food well relationship and low carbon costs with the right regenerated practices will provide us a proper way to do away with these ill practices and land degradation.
We in the cannabis industry have a problem. We are prohibited from growing organic cannabis under the Controlled Substances Act. The CCC is supposedly focused on controlling for fungi and mold, but their methods in doing so do not distinguish between harmful and harmless forms of fungi present in the strands we grow. I do not agree with the strict pesticide laws knowing That there are over 450,000 cannabis patients currently in Massachusetts and that's last year's data. More importantly, though, outdoor cannabis is the best hands down, proof. Our ability to control and reduce pesticides depend heavily on passing tests while tests in1698 laboratories themselves have to create and confirm their ISO standards for cannabis quality assurance.
As it stands for the current pesticides, chemical data and testing program, this cash crop for outdoor farmers is at a high risk of being jeopardized. This is a major problem for cultivars and farmers for the future of1722 farming. Now is the time to learn from others, especially us BIPOC farmers, who know that this is an opportunity to network with our other farmers through1733 our communities and build confidence in ourselves and responsible systems of sustainability. Now, going forward with the current control could bring up issues of diversity in the group. I question how information is being collected, figured into decision making to address the increasing challenges for us BIPOC farmers. I feel like we're being told to figure it out ourselves and the rules are being shaped around us.
Partnerships are happening without us. People are having trouble finding land projects struggled for proper for proper funding. Meanwhile, no type of program has yet to prove its value to our culture. I1774 recommend an immediate reflection on a better approach1778 that lowers the risk of failure for farmers and builds production dedicated to reinvesting in our communities for this ongoing change. Regenerative practices and enriching diversity. So once again, my name is Matthew Gregg. I'm a standing partner at AV Rose Farm and Cloudy Today Wholesale Distribution. Black owned, black operated. Thank you all for your time. SHOW NON-ESSENTIAL DIALOGUE
Thank you for your testimony. I appreciate it. Um, there any questions from the1806 committee?
Mm. Mhm. Well, thank you very much for your for your testimony and we'll move on to the next testify. We have David Ayers is uh, the next to testify is David here.
Mm. David. You join you on the call.
We'll just, we'll, if you can't log you right now, we'll come back to you. Um, so we'll move on to uh, Hilary King.
HILLARY KING - CONCERNED CITIZEN - HB 168 - HB 146 - HB 171 - SB 71 - Hi everyone. Good morning. It's still the morning. My name is Hillary King Bucklin. Uh, I'm a longtime medical patient uh, and professional in the cannabis industry here in Massachusetts. Uh, that being said, I'm first and foremost an advocate. Um, though I do work in the industry, please understand that Um, I offer my comments and my testimony uh, as a private citizen and advocate and not in any official capacity related to my work. I'm here today in support of all of the bills on the docket. Um, as you've heard from other speakers today, the hemp industry in Massachusetts still needs your help. Um, and I encourage you to after the sense of urgency here Um, to put it bluntly, we don't have a hemp industry without our local farmers, many of whom either didn't renew their license this year or only did so after the1916 passage of the survive and thrive amendment, which is partially implemented at this point.
And thank you again to Senator Fattman and his staff and all of you Who supported that amendment. But the fight for survival isn't over. And let us be clear, uh, even once that amendment is fully implemented, H 146 is a different, separate and absolutely critical piece of the puzzle for the survival and sustainability of the hemp industry. Um, there's something very wrong1949 about what's happening around hemp in Massachusetts and what's happening to our licensed producers. We have hard working small farmers and businesses going out of their way to follow the rules. And in so doing they're restricted from participating fully in the market in their own state, while watching others continue to profit from that same activity happening all around them with little to no enforcement of the rules that they hold1978 themselves accountable to.
Um H 146 would clarify that our licensed producers are allowed to make and sell here in Mass the same types of products that are found in all kinds of retail stores, all over the Commonwealth from out of state. And non1994 compliant companies essentially siphoning the potential revenue, the jobs opportunities out of our local economy. And I'm sure you've all seen what I'm talking about. The gummies, beverages, dietary supplements, pep products, even flower in all kinds of retail stores. It sounds backwards because it is. But all of these products that you see are not made by our local compliant licensed producers, because if they were they would be risking losing2021 their MDAR license. And so this situation just can't be allowed to continue, and H146 would level the playing field.
Um regarding S 71 and 171 It's really important that we formalize and affirm that this plant, the cannabis plant um is no different than the tobacco vegetables, other plants and flowers grown on farmland in our state. And to point out a phrase of note in Section 2 of Chapter 61A for the purpose of selling these products in the regular course of business. We're well into several years now of marijuana and hemp legalization in Massachusetts, and it's time to formalize that this is a normal horticultural agricultural crop. Um I would suggest to you also that beyond just adding hemp, consider the other side of the cannabis plant.
The other side of the cannabis industry, which is marijuana. Farmers in Massachusetts with APR land uh, and farmers in Massachusetts they have a right and operate to the opportunity on that side as well. Especially those who this affects the most who have been most harmed by the war on drugs which are our black and indigenous farmers. Um, the cultivation of both hemp and marijuana really all the same plant is clearly now part of the regular course of business. Um, so it's time that we formally include that. Um, so I'll leave it at that for now. Um feel free to ask questions or reach out to me any time. I'll send in more detailed written comments, um, as well. And thank you for the opportunity to share my thoughts with you today. SHOW NON-ESSENTIAL DIALOGUE
Perfect. Thank Thank you. Hillary will look out for those comments for your email program to the committee. So are there any questions from the committee?
Mm. Okay. All right. I'm not seeing anyone. Thank you for your testimony. Thank you. Um, next up. Well, uh, we have Bruno Sirola. I think he may have may have logged off, but are you with us?
All right. Well, it looks2149 like he left the chat. So we'll try and come back to him if he rejoins us. So, um, is, uh, well, David areas, are you available to testify now?
Mm. Uh huh. We'll come back to that as well. So, it was moving down the list. Um, the next one that we have up on our for testimony is uh, Laura Boner.
LAURA BEOHNER - THE HEALING ROSE - HB 146 - Good morning. Uh, first I2180 just want to thank the committee chairs and members for the opportunity to give my testimony today. My name is Laura Boehner and I'm the president and co founder of The Healing Rose. We're an MDAR licensed hemp processor in Newburyport Massachusetts and that makes CBD topicals using all organic ingredients. I'm also the director and founder of the Massachusetts Hemp Coalition, an advocacy group that works to bring a voice to the local industry as well as provide a place for people to come together to2211 learn and discuss ideas and issues. I'm also on the board of director for the Northeast Sustainable Hemp Association.
I'm in support of all four bills in discussion today, but I specifically want to voice my opinion in support of H 146. Here in Massachusetts our hemp industry is at several disadvantages. First, our hemp farmers have a shorter growing season than places like Colorado Kentucky and many other southern states. Second farming land in our state is much more expensive than other states like Montana Kentucky. I could keep listing um, which leads our farmers having much smaller crop sizes at a greater cost than many other states2249 as farmers. Third, our processors have been restricted to only producing topical cosmetic products right now. While out of state companies like Hillary mentioned flood our retail stores with CBD edibles, flowers, animal products. The list goes on that are all made outside of Massachusetts.
And fourth we also have incredibly strict third party2268 testing standards which I'm all for but many other states do not require the same. Our testing standards mirror the CCC's For cannabis minus the testing of pesticides and this places a really large financial burden on small farms and small businesses. All2282 of what I just listed and more leaves our consumers at risk while shutting our MDAR licensees out from making high quality topical products that can compete in product categories outside of topicals. H 146 would be a game changer for our local help farmers, extractors and manufacturers who are all coming out of a global pandemic and really2301 struggling. H 146 would define hemp as an agricultural commodity. H 146 would also open up new revenue streams and allow our local hemp industry to compete in state with the plethora of out of state products that flood ourselves currently.
When I'm looking at the national market brand cannabinoid products, estimates from different sources cite topical and cosmetic products as really only 5 to 10% of the overall market where consumables2326 and hemp flowers combined really take that majority share. This makes it very hard for our local hemp farmers and manufacturers to both sustainable, successful operations. While other states and their licensees can sell consumables, hemp flower and animal products all across the commonwealth.
I will finish with saying that without H 146 passing this year, I'm very worried about the long term viability of our local hemp industry and its ability to compete on a local and national scale.2355 Out of state companies are taking our local and national market share and I'm concerned that our local industry will not be able to compete if this does not pass this year. Please consider the importance and urgency of this bill. I really implore the committee to please pass H 146 for the sake of our small farms and our small businesses. Thank you so much for the time today. SHOW NON-ESSENTIAL DIALOGUE
Absolutely. Thank you. Are there any questions from the committee?
Seeing none. I want to thank you for sharing your testimony, appreciate
it looks like David Ayers has joined us. Why don't we when we take you as the next testify?
DAVID AYERS - SPARTAN HEMP WORKS - HB 146 - Yes, Excellent, thank you. And I got to say thank you very much to both Hillary and Laura for all you've worked all the work you've been doing over the past couple of years. And uh, thank you very much for setting me up for not really having truly prepared uh, comments for this. Finding data to support exactly what Hillary and uh, Laura was mentioning is actually quite difficult. Um, we are a small craft grower in East Longmeadow Massachusetts. We're in our third year of operation. And just the restrictions that are placed upon2431 us are quite difficult to deal with. Um, and also logically they're difficult to accept.
Um, as Lauren and Hillary both mentioned that you2439 can walk into any local CBD shop or smoke shop, small retailers and you can find Colorado hemp flower Oregon hemp flower Washington hemp flower Vermont hemp flower, New York hemp flower Connecticut hemp flower Vermont hemp flower. They don't pay MDAR. They're not2459 paying employees in Massachusetts. Just the logic is very difficult. If that is a product that is available in our retail stores. Yet us as licensed growers under the, you know, the quality restrictions that MDAR have, which, which as Laura mentioned are great and we don't want to discount those by any means. We want to comply with that and we want to be able to thrive. Uh, one of the best things that I've done, I've been in a cubicle in an airplane for many, many years, uh, as a business operations manager.
Coming back to the land is a great thing and recruiting all the high school age kids2503 to get them off of their computers to get them into the dirt and doing agriculture with something that they're motivated about and they're not getting stoned with um, it's awesome because they could be doing other things. To get back to the earth is excellent, but we've got to be, you know, I've got way too much money invested in this to just as an example of the farmers themselves to be able to sustain getting those kids into the field. That's going to pay long term dividends for us, especially growing in such an organic manner. Um taking care of the plant, whether that's a tomato or whether that's a hemp plant, it's great to get this generation involved.
Uh this is an excellent opportunity for them to learn complete business development but we need the revenue in order to justify that. Yes, we can do some of our processing here, that's all well and good. But why are we allowing other out of state folks to take some of our market share and we're losing the opportunity for us to gain revenue, both on the state side and on the business side. And that's going to restrict us from getting more of these kids into the, into the field. I'm telling you that is the most rewarding thing2578 for me. I love the plant. I can grow my own plants. That's fine. Teaching my guys who in turn teach guys and girls how to do what they've learned is amazing. It's awesome.
When you see a 16 year old kid that doesn't know how to use a weed whacker, you scratch your head and say, all right, all right, I'm going to have a talk with your father number one. And number two let's get out there and let's learn and let's keep doing this. We, we we need this opportunity. Many states that have a restriction on hemp flower specifically Um, it makes sense. If they didn't have open cannabis laws, that does create a very big challenge for law enforcement. Massachusetts we're not2613 in that, in that case, you could walk around with an ounce of 30-plus percentage THC stoned out of your mind and you're not breaking a rule. This is hemp. It provides so many of the benefits that people are experiencing with THC. They could be experiencing those benefits with CBD and not have the high that goes along with that.
I'm a smoker myself. So I'm not going to discount the THC side of the house. But I would rather have folks have an opportunity to get some healing power from the plant without having, you know, the negative psychoactive effects. I know I am not very productive when I'm, when I get stoned. So I don't smoke pot while I work. But2662 I'll smoke CBD and that will prevent me from having 5-10 cigarettes. Not by choice. It's just, that's just the way that that happens. This is an excellent product. It's great to get kids involved in agriculture. This is probably the greatest motivation for them to be involved. We'd really be shorting them as well as shorting our business2680 owners and our tax revenues. Um, if flower wasn't available in a store somewhere else okay, that okay, we have a total restriction on that. That's not the case, at least give us Massachusetts, residents and farmers. Taxpayers license payers, license holders, license abiders. Give us the opportunity, please please.2701 SHOW NON-ESSENTIAL DIALOGUE
Well, thank you for your testimony. Thank you. Any questions for the committee.
Let's see. A hand raised.
Hi. Oh, like represented. Schmidt. Why don't you go first?
I'm sorry, you're right meal.
Thank you. Thank you. What year of this? And I'm still having trouble getting the hang of it.
2731 REP2731 SCHMID2731 -2731 Thank2731 you Chairman Donahue and greetings Madam chair. Uh Dave I think that um none of us want to see our local farmers continue at a disadvantage and not be able to uh sell the same kinds of products that are being sold ah at every local ah convenience store um and would like to change this. My understanding is that the governor had a bill uh that was slightly different and it would simply take MDAR out of the business of uh supervising the CBD business. Are you are you familiar with that notion by the governor? And can you comment on on It compared to2783 H 146?
AYERS - So my loose understanding. Um so please keep that in mind is that that is a combination of efforts from MDAR and the Department of Health and from my discussions with MDAR Representatives, it is the Department of Health that is more or less the regulating body that would supervise the retail side of things. So we kind of do have a triangle of entities being MDAR, the Department of Health and the CCC. Because MDAR does follow along with in the wake of the CCC For many things, which makes sense. Somebody had to pave the way.
Um, with that being said, I don't know exactly what the written word is on that. I know that MDAR does not, especially the hemp group. I believe there are a total of four or five people. Um, they wouldn't have the policing capability to do that whereas they're agricultural specialists and not retail compliance specialists. So I'm, I'm sorry if I'm not answering your question, I'm kind of contributing more information um, that I've loosely gathered through conversation. I don't know if someone would have more specific rules or information on that.
SCHMID - Well, well, thank you. Dave I'll be listening to others to see Uh, if anybody else has any information about the governor's approach. And just to compare and contrast that with H 146. But thank you very much for your testimony. SHOW NON-ESSENTIAL DIALOGUE
Thank you, sir.
Any other questions on the committee,
Mr Chairman? This isn't a question, but can I just make a quick statement,
um just in case we're going to lose any of the folks who have recently testified. I just want to say a quick thanks um to you for being here to testify. And it's a little easier to come digitally than than in person. It's, you know, one of the silver linings of us getting um capacity up and running for virtual hearings. But I remember last session, you know, we brought the the committee on the road and had this last session's version of this hearing out of western massachusetts. But it's just, um, it's so important that we're getting your input. Um, and it's, you know, to see even just the, you know, the actual physical backdrops of the farms in the case of one of the earlier tested fires. Um, you know, we really, we know that there's a lot of frustration and often the sort of geographic disconnect between things that are boston focused, um, and the agricultural community. So I just wanna thank you for your participation before we lose any of you um, today. And also just to let you know that I'll, you know, I'll speak for my colleagues on the Senate side that your Western Mass, um, and southeastern massachusetts delegations have been very dog did, uh, and, and being in the years of their colleagues about the importance2982 of this legislation. I'll give a shout out in particular to senators, comfort and Heinz. Um, so I just want you to know they're doing good service on your behalf.
Excellent. Thank you Senator. And it is, it is great to see everyone's backdrops instead of us being in the hearing rooms at the statehouse. But I want to thank you Dave for your testimony in the work that you're doing and we appreciate it. And obviously we'll continue to check into representative smith questions as well. Thank you. Thank you. Um, next up to testify, we have Julia Agron,
I think you're on mute. No, sorry. I was telling my family to keep it down
the side of the flip side of this. Easy access is that I'm in my kitchen.
JULIA AGRON - NOSHA - HB 146 - HB 168 - Hello, thank you all for giving me the opportunity to testify today. Um, I am Julia Agron. I am the president of the Northeast Sustainable Hemp Association. But far more importantly, I'm a really small hemp farmer and that's really, that's really the, who I am representing here today is the smallest of hemp farmers. And so you know, again, I want to thank you all for taking the time. But I also want to be honest that it's frustrating in the position that we're in because we're not here for the first time. We're here at the very least for the second time at the beginning of our planting season trying to figure out whether it's worth planting, the same as a bill that we already discussed and that already got support from this committee and from the House and from the Senate and then just dwindled without ever getting enacted as a law.
And I, I think this may be the last chance for a lot of us small hemp farmers. We We had we had3089 a really rough 2019 with regulations changing and the market kind of bottoming out for a lot of us. 2020 I think was pretty much tough all around. And now we're entering 2021 where a lot of us pursued our licenses because the survive and thrive amendment to the budget really led us to hope that there was going to be this, this market, this access into the market for us as really small farmers. And now we're still not so sure really whether that means anything. And this bill is crucial for small farmers like myself to really have meaningful entry into3125 the market. H 146 is really our last chance.
We can't keep pursuing licenses year after year with no reward because so far I've only lost money on hemp year after year. And I want to give you some idea of the the numbers that we're talking about when we are comparing selling biomass to hemp3143 flower. Right now, even with the access to um to the dispensaries that we've been given as Mass farmers, we can really essentially only sell as biomass because it's still pretty much only topicals and finished products that we are allowed to bring with our licenses to bear in the market in any way. The cost according to Hemp benchmarks of April 2021 so that's data collected on a national level. The average price for hemp CBD biomass uh on a scale from 0 to 25,000 pounds.
So far and away, that's you know, that's the category I fit into. There's no way I'm going to sell anybody more than 25,000 pounds of anything in my tiny little farm. So 70 cents a3189 pound, that's what it's going for. That's what the national numbers reflect. And if I'm really lucky and I get the national high, it's a $1.87. So with those numbers to pay off my license to MDAR, I'd have to sell 650 pounds. And that's not to breakeven. That's to break even on my license. That's not the cost of the seeds. That's not the cost of the amendments. That's not our time, that's not our energy. It's basically impossible to sell biomass on the small scale a farm that I have and be part of the hemp industry.
On the other hand, if we were allowed to sell CBD flower, even just in the limited scope again, of the dispensary market, even though again, every gas station I drive by has it, and every Vape shop has it and it's available online and it's available in stores. But even if we ignored all that and didn't make that market available, even if we just talk about what I can sell on this little tiny protected market to dispensaries, we're talking about a national average of $266 a pound for CBD hemp flower with a high of $700 a pound. That is the difference between me being able to grow hemp and me absolutely under no circumstances being able to grow hemp as a small farm. And you know what? We only have small farms in Massachusetts.
We have a few farms that are big enough small farms that3272 they can take advantage of the industry that we've been allowed to develop. But there's no way that small farmers like myself or, you know, essentially backyard cultivators or even farms that are looking to utilize hemp to diversify their crops and to help nourish their soil can take advantage of this market with those kind of prices. You've completely tied our hands. I mean not you like the situation has completely tied our hands. And even though, you know, even though we like fought so hard and we're to be taken3304 seriously as job creators, to be taken seriously as bringing, you know, meaningful industry into Massachusetts and it really felt like the survive the survive and thrive amendment validated that we were taken seriously as an industry and as a farm economy.
It doesn't feel that way if we can't take advantage of that opportunity. It doesn't, it doesn't feel like we're being taken seriously as job creators. You heard about this being meaningful work for the youth. Like that's not just theoretical, like I work in the farming industry, I work with the small farmers of the valley and people are looking for work, they're looking3338 to expand they're, looking to hire people, but they need opportunities.3341 We can't take advantage of this industry at all under these current conditions. And there's really like two things that need to to happen for that to completely change. And Yeah, we need to pass, you need to pass H 146. And you've heard all of the reasons for years in a row about why we need it and just none of them have changed. It's only become more true.
And we need to pass3365 H 168 because then we need to be able to grow outdoor cannabis that is safe to bring to the consumers and that passes the standards that we have in place. None of us want to do away with the standards. We are proud of the fact that Massachusetts hemp is the most tested hemp in the country. We are3382 proud of the fact that we passed the same standards as medical marijuana does. We just want to be able to grow to those standards and and sell our products. We're just looking for a chance. And you know, I think that everyone has really spoken really eloquently to the conditions that we're working under. I don't need to believe you're a point.
But yeah, I just wanted like the three things that were really asking for is we want a level playing field to enter the industry on a national level. We're not looking for any advantages. We're just looking for a chance. You know, we want to take advantage of the opportunities that have sort of been handed to us in the state, but not handed to us in a way where we can really meaningfully access those opportunities. And we want meaningful entry for small farmers. So if we're a state of small farmers, then we need to have policies that allow small farmers to tend to the industry. And I think this is our last chance. I don't think farmers my size. Yeah. Thank you very much. SHOW NON-ESSENTIAL DIALOGUE
Very much appreciate and thank you for giving us your perspective. So any questions from the committee?
Mm hmm. We're not seeing anything. I very much appreciate your perspective Julia. Thank you. Thank you for your time. All right. Next up to testify. We have linda Noel.
I can get off mute.3457 There you are. Can you hear me? We can hear you. Yes. Okay.
LINDA NOEL - CONCERNED CITIZEN - HB 146 - Hi. I'm Linda Noel. I'm a licensed hemp farmer in Franklin Massachusetts. This is my fourth year growing hemp and I must tell you that I question the wisdom of my decision to grow this crop every day. Not because it's particularly difficult crop to grow, not because it's a labor intensive crop although it is especially harvest and trim, but because the definition of legal hemp products rests with the whim of the agricultural commissioner. And frankly the list changes at the drop of a hat and at the whim of politics in this state. The net result is for three years running, my market's been pulled out from underneath me just before harvest. So I rise in support H 146 today. I do support the other bills before you, but I think this is the most critical bill before you today.
This bill was before the JCC in 2019 as H 4001. I and many farmers like me travelled to the hearing and testified passionately that we need this bill to help our industry get off its knees. That JCC reported it out favorably and I beg you to do so again. When the survive and thrive amendment was added to the fiscal year 2021 budget it created a new market for hemp products in3536 the existing marijuana dispensary3537 market. However, the product list is currently defined by the Agricultural Commission and we are prevented from selling several in demand products to the CCC licensed entities namely the plant itself, its leaves and its flowers. Even though the CCC will allow those products and has already said they're ready to issue regulations on the purchase of those products.
The Department of Agriculture has yet to, the product list and has actually publicly stated to the Boston Globe that they're probably not going to get around to it this year. We hemp farmers are fed up with politics controlling our industry. We want clarity once and for all what products are allowed in Massachusetts. We find it ridiculous that hemp edibles are sold in Massachusetts only if not made from Massachusetts hemp. We find it ridiculous that dispensaries can sell marijuana to age appropriate customers but are prohibited from selling our flower to the same customers not because3595 it doesn't pass the same3597 test as medical marijuana. It does. And not because it's more intoxicating than medical medical marijuana. It isn't, but because the Agricultural Commissioner says so.
This is blatantly in defiance of the spirit and the letter of the3612 hemp survive and thrive amendment and of question for itself. And it's quite frankly a spit in the face of the ham farmers in Massachusetts and we're getting tired of it. H 146 is going to fix this issue once and for all. The bill simply clarifies the hemp regulations but still preserves the intent of the hunt program, codified in Section 116 to 123 of Chapter 128. It clarifies the definition of hemp and links the THC limit to the federal THC limit. This is important to keep the stability of the commodity price and the legality of the final crop in this state. If the Massachusetts limit for THC remains codified at 0.3% by law as it is now, and the federal level rises, which it's going to the local farmers here are going to get less than the national average price for him because we're going to have to harvest it earlier.
You got to take it down by eight weeks in order to meet 0.3% THC. At eight weeks3673 the lucrative cannabinoids in the plant decrease and the final wholesale price decreases with it. This bill defines hemp as an agricultural commodity. This sounds boring, but it's important3682 for us to be able to insure our crops just like any other farm crop. It clarifies the allowable hemp products, defines them specifically, doesn't leave final approval to the Agricultural Commissioner and the Department of Health. It allows the whole plant extract to be added to food and animal food prohibits hemp and hemp cannabinoids from being defined as an adulterant or a controlled substance, provided they are below the federal THC limit.3710
This is the same language that was made law in Maine a couple of years ago, back in 2019 actually, and in several other states. The sky didn't fall up there, it won't fall here. It's going to keep Massachusetts farmers competitive. Opposing this bill is going to do nothing to prevent Mass consumers from obtaining edibles, flower or any other prohibited product that I am not allowed to sell here in the state. You can buy it in the gas3739 stations. If you want to go to bostonhempire.com, that's Boston H-E-M-P-I-R-E dot com, You can buy anything. Vermont Oregon Maine is where it comes from. They deliver it right to your doorstep, right from Hanover Massachusetts and who polices3751 them? Nobody.
So it's going to eliminate a lot of uncertainty for farmers like me. And it's going to create standards for imported hemp by making sure that3762 they must be federally compliant in order to import to the state. I do suggest one change this bill wipes out Section 117 to 123 completely. There's one small clause in Section 118 Subsection C, which provides for persons utilizing industrial hemp to register with the Department of Agriculture as opposed to obtain a license. This is going to make it easier for the CCC licensed processors who want to manufacture hemp products by allowing them to be acknowledged by MDAP without requiring them to be licensed and overseen by MDAR because they3800 don't have the staff to do this and the CCC already does it. Thank you. I will submit this by mail. SHOW NON-ESSENTIAL DIALOGUE
That would be great thoughts uh testimony, be wonderful. Ab appreciate that any questions from the committee.
CHANG-DIAZ - Um Ms. Noel I just want to ask when you send your testimony to the committee um if you don't already have it in there, just that last little informal tidbit that you gave us about the sections, that you that you want to make sure it's preserved, You can be sure to include that. That's really helpful.
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I sure SHOW NON-ESSENTIAL DIALOGUE
will. Thank you so much. Senator. Thank you.
Anyone have any questions? Oh not seeing anything. Well thank you linda. We look forward to reviewing that written testimony. Thank you so much.
Um Next up to testify. We have Grant Ellis great with us.
Yes. Hello Mr chair can you hear me? We can hear you just fine.
GRANT ELLIS - MASSCANN - HB 146 - HB 171 - Uh Thank you very much for taking the time to hear my testimony today. And um I also very much I am grateful that I am following Linda because3882 there is no better person to follow as I echo everything that she3886 says and endorse all of her sentiments wholeheartedly. And whatever she says you should do I think you should do because she has so much knowledge about this that I don't think it's possible to even put it in the library, so that's how I'll begin. But I also want to introduce myself. My name is Grant Smith Ellis. I'm disabled medical cannabis patient and also the president of the Massachusetts Cannabis3905 Reform Coalition here in my individual capacity as a cannabis activist and advocate.
Um I also want to begin by making a note that there was something said earlier about virtual hearings and I know we're in an interesting time. But as a disabled person, I would be very grateful if you would consider continuing to hold virtual hearings in perpetuity at least for the short term, so that the access that we've been provided can continue. I've never felt more part of our democratic process than over the past year. And it would mean a lot to me if you could continue providing virtual testimonial access at your hearings. As to the bills under consideration I absolutely support all four of the bills as I mentioned, but I do want to in particular emphasis why H 146 is such an important complement to the hemp survive and thrive amendment that Senator Fattman and the legislature passed last year.
So obviously the implementation of that legislation has now been bifurcated because part of it consumer ready hemp products has been taken up through a sub regulatory guidance document sent out by the Cannabis Control Commission. But the other part of it related to other hemp products is going to actually have to be implemented by MDAR. And if we look at the number of hemp farms that have are in existence under MDAR over the past two years, it has dwindled by over 100% and I have no doubt it will continue to dwindle. One way to head off that delayed implementation of the second part of the hemp survive and thrive amendment is to pass H 146 and to get implemented in an expedited manner.
That will allow these small hemp farms as Julia Agron laid out in very specific terms to3999 not have to sell products at 70 cents a pound and instead sell it closer to $200 $300 $400 a pound. The existence of these hemp farms is dependent on your ability to pass this bill in so many words. And I really hope that it will become a legislative priority because I actually drove out to the H 4001 hearing last year, which I thought was very appropriate for you to hold in Western Mass. And last year you were getting implored to pass this bill to save these farms, the consequences we've lost over 100 farms or something along those lines. Hemp farmers are begging you again to pass the bill and I'm also imploring you to do so. So I hope you'll support all four bills. But in particular, I hope H 146 and the bill dealing with outside cultivation of cannabis and organic context will be passed as fast as possible. Thank you. Members of the committee Mr. Chair Chairwoman Chang-Diaz for your time and I appreciate being able to be heard. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much Grant. And I can tell you what we'll beholding virtual sessions. Well, hearings for probably the near future and I think we already visiting kind of our policies around that, but for our next hearings over the summer will be all virtual. So I appreciate you being involved in sharing your thoughts. Are there any questions from the committee?
Not seeing anything. Thank you very much. Grant we appreciate it. Mhm. Next up to testify is Lorna Mccaffrey.
LORNA MCCAFFERTY - MASSCANN - HB 146 - SB 71- HB 168 - HB 171 - Hi, good afternoon Chairman Chang-Diaz Chairman Donahue and honorable members of the committee. My name is Lorna McCafferty and I am the clerk at the Massachusetts Cannabis Reform Coalition MassCann speaking in my individual capacity. I follow somebody who is the president of MassCann and I echo everything that he said. I'm also a disabled medical cannabis patient. Thank you for taking the time today to listen to the community on the issue of the hemp bills. I offer this brief testimony in strong support of the following bills an act relative to the growth of hemp S 71 act relative to the hemp and hemp products in the commonwealth H 146. An act relative to organic farming tools. H 168 And an act expanding agricultural preservation restrictions for hemp cultivation H171.
In particular, I am testifying in support of Bill H 146 because I think it is important that local hemp farmers and producers be able4141 to sell their hemp in as many forms as possible. The fact that hemp is a legal crop now should also mean that byproducts such as CBD should also be allowed in edible form as is currently allowed for out of state hemp companies. If all food safety regulations are followed there should be no logical reason why hemp for human and animal consumption has been banned. My friends businesses are being harmed by the fact that out of state hemp companies can sell those CBD products while in state MDAR licensed companies cannot. That is why I would like to see H 146 pass and pass quickly.
The number of hemp farms is rapidly dwindling and this bill would help save many of the remaining farmers from financial ruin. Massachusetts farmers should also be allowed the ability to protect their organically grown crops with non genetically modified pesticides approved for organic hemp farming under H 168. They should also be allowed to4193 receive the same farming rights found in Section 2 of Chapter 61A of the general laws under H 171. Hemp has a deep rooted history in the4203 United States and it's a legitimate cash crop and farming commodity. Hemp has actual medical benefits unlike tobacco and alcohol and it is a replacement for plastic and wood. Please be a part of the local and global solution that hemp can bring to all by expanding the access and usage of this wonderful plant. Thank you for your time and consideration and I wish you all the best. SHOW NON-ESSENTIAL DIALOGUE
Thank you so much. Are there any questions from the committee?
Alright, not seeing anything, thank you very much wanted for your testimony, appreciate it. Thank you.
So next up to testify we have april and Rod
you really with us.
Alright now here now we can come back to that. So like call on Peter Bernard,
PETER BERNARD - MASS SENSE - HB 146 - Good morning, good members of the committee. My name is Peter Bernard4263 and I am with MassSense, an organization that has historically been focused on cultivation and manufacturing. I'm calling you today from the gates of hell where I am surrounded by the anguishing souls of hemp farmers in Massachusetts that thought that they were going to save their failing farms with hemp. Uh as I'm sure you've heard before and you're likely to hear again when hemp became legal, a lot of these farmers decided to grow in order to save their farms or to diversify their crop. And they were of the understanding that since it wasn't prohibited at the time, they'd be able to make products for human and animal consumption.
Now this was a reasonable thing to think since up until about 80 years ago, thousands of years of our ancestors had been doing the same thing. So now we've got the rest of the country doing it. As others have said, you can go and get hemp flower in a gas station down the street. It's like, it doesn't make any sense. Why can we import it from another state and make our hemp farmers do nothing but biomass for a few cents a pound when they can get so much more for the flower. I have a friend of mine in Connecticut who owns a farm called Wepa Farms. And in Connecticut you can do these things and you can export these products assuming that they're all lab tested.
In his first season, he sold 70,000 pre rolled hemp cigarettes. He was driving a beat up old Toyota and4368 his crop was successfully. He had 20 something acres. Now he's driving a Mercedes after two seasons of being able to do this. Now, I know some of the hemp farmers that are in on this hearing today and I know plenty of that aren't and they all want to be able to do the same thing. And imagine you're making pillows and you can't sell them or make them in Massachusetts because there's a regulatory agency that won't let you do it but4401 you see pillows being imported from all over the4406 world when you walk into your department store. And that's what we're looking at with hemp.
The market4412 wants these products. If they didn't, we wouldn't have them on the shelves today,4416 I challenge you to walk into a bodega or a gas station or are any convenience store and find this stuff and none of it comes from Massachusetts. I visit some of these farms and I see their crop from last year and the year before sitting there waiting to be used. The biomass is a byproduct of the production of flower. We're letting them use the cheapest, least expensive part of the plant and letting them make a profit on that and expecting them to throw away the hundreds of dollars that that hemp flower represent. It is just stupid.4453 I'm sorry, it's stupid. So for that reason I've got to firmly enforce H 146. I looked at the other bills and they're all well and good. But this one is the most important one to the farmers. Because John Lebeaux at MDAR once told me when a farm in Massachusetts fails, it opens up again as a housing development and we lose farms year after year and we're falling behind the rest of the country. Thank you gentlemen and ladies.
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thank you. Peter appreciate it. Is there any questions for Peter on the committee?
Seeing none. Thank you for your testimony.
Actually go back to april I think you've rejoined us. Would you like to testify
farm? So connections are not the greatest care. I apologize.
AVERYL ANDRADE - CONCERNED CITIZEN - HB 146 - Um, I wanted to briefly speak to you guys and thank you for giving us all again, the opportunity, Farmer in the community. I4531 really do like greatly appreciate the virtual meetings because we can't just close up our farm and travel the 60 plus miles up to Boston to do these testimonies usually. So we do appreciate the virtual aspect. Um I wanted to speak to you guys as a local chemical free small farmer in support of H 146. I like many of the other speakers have also had Mr. Lebeaux over to my farm to discuss with him the value, the importance of value added items to farms. Um The average, I know when I mentioned I spoke to you guys last time I mentioned that the average national farm medium income is negative $1500 per year for our produce farms.
So we struggle every single year. Um I would, every farmer I actually know I mean including Mr. Lebeaux here is a farmer and he's got an off farm job here working with you guys. You know that's the pit side4588 is that we have to put in our hours in our field and then work off farm jobs to keep our farms afloat. When there's a product out there like hemp and cannabis that will give us that economic, you know, push that we need. And value item value added items such as jams, lotions, body butters, you know, all the different things that we as farmers do is in a means to give us that incomes so that we can continue to provide for communities. You know, our goal is to provide are starving community with food. And when regulations come through4622 that, tie our hands4624 and prevent us from being able to add a crop onto our system that will give us the necessary financial backing to be able to keep our farms afloat and to continue providing for our community. We desperately need that.
Um so that's why I like I am in support of Bill H 146. Uh farmers like myself, we we need to be given these opportunities. Um A lot of us, I can't just grow hemp in my fields. I'm a small six acre field. I4654 need that to provide food for our community. But if I could go to local organization, you know, local Massachusetts state businesses that are approved by MDAR receive my CBD and provide products including, you know, we sell a lot of dog treats at my farm. You know, we so a lot of things like that that now I can no longer do CBD infused dog treats because of this. But I4677 can go to other farmers markets and other stores and see them selling CBD dog treats that were just products made in another state and brought over to our state. I as a local farmer deserve that opportunity to incorporate that CBD into dog treats or um food items, you know the value added jams and things to that effect that I create. SHOW NON-ESSENTIAL DIALOGUE
Mhm. Absolutely. Yeah.
Mhm. I think you're breaking up with us. Um So like that. Yes I am. Can you hear me? Yeah we can hear you Okay.
ANDRADE - But yeah so like I said I am in support of bill H 146 and I ask that I would4720 like to ask the committee to take a moment to stipulate and see if there's any way we could work on the fee scheduling that surrounds that. Um a lot of a small local farms, you know $400-$600 might not4731 seem like a lot of money, but for us, money. You know our farms' whole focus, I have increases what I have to, you guys to incorporate a fee sliding scale or something like that, that would make it a little more financially feasible for some of us small produce farmers to enter into the CBD market. That would also be really great. Um but yeah, like I said, I support Bill H1 46 and I hope you guys work very quickly to get this in effect to really help the farmers that are struggling in our state right now. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Awesome. Thank you very much for your testimony. There any questions from the committee?
Alright, seeing then we, I appreciate your testimony. Thank you so much for joining us. Thinking
uh next I like to call on john Nathan. Mhm Hello, can you hear me? We can hear you. Thank you. Excellent.
JOHN NATHAN - BAY STATE HEMP - HB 146 - Okay, so first and foremost, good morning. Well, good afternoon to the committee. My name is John Nathan. I'm the president of Bay State Hemp Company. We're an MDAR licensed hemp extraction processing and manufacturing facility in Plymouth Massachusetts as well as a member of the leadership council4810 for the Massachusetts Hemp Coalition. And I'm here to voice my support in uh, to voice my support in the passage of all four of these bills. Sorry about that. Um, I would like to speak particularly on the topic of4825 H 146, which would enable MDAR licensees to legally manufacture and produce finished hemp products that are already present on most Massachusetts shelves.
I'm going to echo a lot of the sentiments that came before me. But the ban on hemp edibles and flower has only affected one group primarily, and that is MDAR licensees those of us who follow the law. Most of the enforcement falls upon local health departments. And since the shelves are full of out of state products, the only ones prohibited from producing these products are those under the state's regulatory purview. These products already exist on the retail market, and the state has two directions that it can go in. It could either spend money to ramp up the enforcement to eradicate a benign product with little to no abuse potential, or pass this measure so that shelves can be stocked in a way that breathes revenue into our already financially strained local hemp industry, where we are subjected to regular testing and oversight.
Uh, this bill would not be breaking new ground or charting us into uncertain territories. These laws already exist in states like New York and Kentucky, and they have not resulted in any sort of chaotic results. These bills would be an absolute win for small farmers and small businesses in the state. Our farmers have struggled year after year to turn profit on their crop and closing out these4908 profitable revenue streams as we watch out of state companies bypass the law has been beyond upsetting and is continuing to disenfranchise small farmers in the commonwealth. I urge you to pass this bill along with the other three proposed bills so that our industry has a shot at survival. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, john. Um, there any questions from the committee members?
4928 All4928 right, See now4929 we appreciate your testimony. Thank you. Thank you. Um, next up to testify, we have Kathleen Owens.
KATHLEEN OWENS - CONCERNED CITIZEN - HB 146 - Hi everybody. How are you? Thank you for showing up And especially all the people I know. So listen, you've heard 146 H 146 yes. Please4952 help4952 us. This is my fourth year and growing. I burnt one. I don't want to burn anymore. So please help us understand why we're being punished this way by MDAR. By the state of Massachusetts. I have a sticker that says Massachusetts pride in growing fresh. Well, you know what? I can't show what I grow. I can't sell it. I can't take it out of state. I can lock it up and keep it4986 away from everybody, but4988 I'm not making any money. I'm 74 years old. I thought I was going to retire a little better than I am.
So listen4998 folks, we're all here for the same reason. Everybody who has spoken before you. Please listen to what they had to say. It's all about the same thing. We want to give back to the state of Massachusetts, the best thing we can do. And that's a healing plant that can help people who do not want to get high on THC as cannabis. I'm a cannabis Smoker because I had cancer and I walked into my hospital telling them I was smoking cannabis and I have never taken an opiate and I've been 10 years now. So listen hemp is the other kind of a medicine. It helps heal. It heals elders. I'm 74. I smoke it.5044 I take it I use it for my body because I grow it. So please help pass this bill to get5052 it to people who need to smoke flower to help their bodies heal. Not everybody wants to get high. That is what hemp is all about. It's the sister to cannabis and they're both labeled the same thing, healing plants. Thank you very much. Have a great day and get out in the sun. SHOW NON-ESSENTIAL DIALOGUE
Thank you Kathleen. Now that the sun has finally come back. Uh Does anyone from the committee have any questions
seeing anything? Thank you very much for your testimony. Thank you. Um Next, I'll call on uh robert Road fl.
Thank you. Mr Chairman. Can you hear5113 me? We can hear you. Yeah.
ROBERT RODOPHELE - FERRITER SCOBBO & RODOPHELE - HB 146 - Uh for the record, my name is Robert Rodophele with the law firm of Ferriter Scobbo & Rodophele . I'm here today representing the US Hemp Round Table uh here to fully support H 146. we believe that this legislation would create an economic opportunities from Massachusetts hemp farmers and provide popular wellness products for hemp product consumers by clarifying the commonwealth's hemp growing program and specifically authorizing the sale of retail of hemp derived CBD. Uh as you're aware in 2018, the federal government specifically moved hemp as a controlled substance pursuant to the Agricultural Improvement Act of 2018.
This change in the law has resulted in most states reviewing and revising the hemp related statutes. Under existing statutes in Massachusetts, hemp is not considered marijuana and as such does not come under the jurisdiction of the Cannabis Control Commission. The growing harvesting, processing and sale of hemp come under the jurisdiction of the Mass Department of Agriculture MDAR. MDAR has issued policy guidance prohibiting the sale of CBD as food products and dietary supplements. Mass Department of Public Health5193 also issued guidance that CBD cannot be added to foods. Uh It should be noted uh that unlike this committee which has public hearings and gives ample opportunity for public input on this issue as as evidence by today's hearing.
Uh The uh MDAR And DPH having held public hearings or promulgated regulations. They issue guidance. Uh This is uh has been confusing. Uh It's generally acknowledged that CBD products as we have heard are sold in retail outlets throughout Massachusetts. Um, the current law and recent agency actions have created a great market, leading to confusion amongst retailers, consumers, and municipalities. More importantly, such policies have closed the door to Massachusetts farmers, which has been so specifically articulated today uh, to create new agricultural opportunities and develop a profitable economic product. Massachusetts farmers, retailers and consumers deserve better than the current law affords.
Um, we'd urge your favorable support of this bill as it came out of committee favorably, uh, last year, as most of, you know. Uh, last year was unusual. The bill, uh, did not move beyond the, uh, the favorable report. Um, but I think that if we, uh, listen to the testimony and I was out in Leicester two years ago listening to the same testimony, which is uh, compelling with respect to uh, farmer situation here in Massachusetts. Uh, I would hope that the committee would uh would issue a favorable report on this bill. I also will be submitting written testimony as well. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Um look forward to that testimony. Is there any uh any questions from the committee?
I'm not seeing any. Thank you so much for the testimony. Um Next up we'll have Benjamin morgan. Dylan.
Yes. Thank5331 you. Trying to get my camera on for you. Yeah, well, it says it's on, but it's not showing
BENJAMIN DILLON - ACADIA FARMS - HB 168 - HB 146 - So thank you very much. We appreciate your time today. Both representatives and senators as well as all my fellow testifiers. Uh, My name is Benjamin, and I'm coming to you for the second time. I testified in 2019 at5357 the H 4001 hearing as well. So I firmly endorse all of the5361 bills currently up for consideration specifically H 146 and specifically H 168. Today I'd like to speak specifically to you about H 168 as that is where the majority of my professional expertise are pertinent as well as the fact that I feel you've heard quite a bit already about H 146. So to give you a little background about my professional expertise, I have been a cannabis cultivator for 16 years.
I have six years of professional experience within the cannabis industry, five years are a generative agriculturalists working from acres of the skies of one up to 800 acre farms. I have four years operated an owner of5397 a Acadia Farms in Massachusetts, which is a CBD products company, three years in organic food production, one year in sustainable cannabis facility designs and four years in emergency medicine. The current regulations that we are utilizing promote the5408 use of salt based fertilizers in sterile environments to cultivate cannabis almost exclusively indoors. This is detrimental to both the industry and the environment. Salt based fertilizers are damaging from the moment that they are stripped from the earth to the moment that they are washed back in through water systems through wastewater.
The requirement of indoor cultivation to maintain sterility in high energy intensive environments produces a large carbon footprint. To grow organically and regeneratively one must use indigenous microorganisms, beneficial insects to limit the pest and pathogen colonies. It doesn't mean that's bad. It doesn't mean that they're, you know, something that's going to hurt people. It just means that they are a natural biological tool that exists in nature. In my experience with large scale organic cultivation and agriculture, there are a number of products which have been approved and used in food and tobacco cultivation for years. And as well as cannabis and other states. Products such as plant enzymes, spinosad and Bacillus pumilus, which are organic bacterias, neem oil, which is a plant extract and ZeROca which is a hydrogen peroxide and acetic acid solution.
By allowing the use of organic treatments we will not only be supporting the positive growth of the industry in our state, but we will be preserving and protecting our environment while decreasing the need to grow exclusively indoors, further reducing carbon emissions and utility usage. Organic specifically regenerative cultivation methods can be performed both indoors and outdoors and use dramatically less water and electricity. In my past life's work in medical field, we were taught that not all microbes are bad microbes, but rather any microbe in the wrong place or in an unbalanced colony can cause issues.
The same thing holds true in cannabis cultivation as well as hemp cultivation. So I would strongly urge you to both pass all of these bills specifically 146 and 168. I would also truly urge the consideration of the pest and pathogen testing which is now currently being considered for Massachusetts to have the regulations not removed but correctly managed so that they are specific in what they actually target, not just saying microbes are pathogens in general. Thank you very much for your time and appreciate your assistance. SHOW NON-ESSENTIAL DIALOGUE
Thank you any questions from the committee members.
Yeah, seeing any well thank you very much. Benjamin for your testimony, appreciate thank you
next to testify were um nick Garner.
Yeah.
Uh huh.
OMINIQUE GARNER - A.V. ROSE FARMS - HB 146 - HB 171 - Um So hi my name is Ominique Garner partial farm owner of A.V. Rose Farms and representing, Cloudy Today. Um I am just shouting what everyone said I am support um all four bills but like with attachments to it um just so you guys know. So basically with well second and I think, I don't know what my name is, I know Agron said this, but someone said it before her seconding um about I support Bill H 146 um and it allowing more pathways for farmers to sell their product um, but understanding that if maybe we could do the registering for manufacturing like you said, so that people like Agron people that make, folks don't have to actually be registered will be a licensed participant with MDAR but um just be registered with MDAR.
And then um the sliding scale as Agron said because of the small farmer stuff is expensive, just our CSAs cost as much as the testing. Um, so that that just tells you what to produce side, like where we are. We don't make money as produce farmers. Um But put our life in heart into this. Um And then with that I just want to say for5630 a Bill H 171 expanding um agricultural land for agriculture um uh APR land. And with that I just want to say it's really really important to me as a black farmer that we are aware because I reached out to one of the commissioners and I'm bad with emails, I'm also dyslexic. Um But I reached5651 out to a commissioner and she was trying to get some answers on the report.
So I am really happy about Bill H. 14 I mean Bill H 171 being moved forward because that matches with what the Cannabis Control Commission was supposed to um or some of the stuff there was supposed to be a report on how farmers and businesspeople, but how farmers would be able to use APR land, use state land. Um as a black farmer, it's hard farmers in general, it's hard to get land. But when we talk about um the disparities and black farmers and land lost with black farmers and indigenous farmers and LatinX farmers right now, there's a black farmers act And it aligns with Bill H171. So allowing black farmers, I just think we need to incorporate equity into into this.
If we're going to be um having APR land, we need to have a program as a as a black farmer. Our partner just reached out and spoke prior and he said, we have questions because of, there's been reports, you know what I mean? There's been pilots with Outdoor growth. Um but how do we make5713 sure that we're doing pilots with socially disadvantaged farms, small farms, family farms. Um And in breaking the gap. Um So with that being said, I know I'm over my time but that in that cannabis control report and I understand we're talking about hemp with this. But it said APR land for both hemp and cannabis. This plant was only you know criminalized to make money and people are making money on both ends now. So how do we make it equitable for farmers and black farmers5739 and LatinX farmers and indigenous farmers.
We are locked out people tap into us and they use the word farmer. But farmers and cultivators are two totally different things but when we integrate it together and you are doing regenerative agriculture practices. Um and that's amazing and when you are doing KNF And you're you're creating your own inputs and you know, you're dealing with different microbiology and outdoor grow is really really important when we're talking about lowering our cover footprint and just cost altogether. But then we think about infrastructure costs for a small black farmers or family farms. We need that support, so let us be that pilot um support small farmers farmers in the South Coast like5775 Agron's farm and our farm. We we need that, but like you said, we need land.
So right now there's a big push with the state, the federal government has a push with the Black Farmers Act giving land to black and indigenous farmers. But then right now we also have a state like we as farmers, there's always an X On our back and especially socially disadvantaged farmers. Okay, so then with our state right now, our state is also pushing, we know local trumps everything and they're, there is people lobbying for, um, uh, for, for access to land in a bill on how we will give you that land.
So this is why it's so important that that matches the Black Farmers Act and we're really ensuring that black people and LatinX and indigenous people,5818 those are the same people that were affected by the war on drugs and also got farming stolen from us. Got our land torn from us, um, that we get the opportunity of being a pilot and getting our slots on that land before anyone so that we could actually save our family farms and small farms or build a new generation of farms as well. Thank you guys. SHOW NON-ESSENTIAL DIALOGUE
No, thank you for your testimony. Either. Any questions or comments on the committee. Okay.
Yeah,
I'm not saying any. Thank you very much for your testimony.
As we come to the towards the end of the list. Here we have kelly Roy you with us.
I am here. Hello. Hi everybody. Can you hear me? Yeah, we can hear you. Yeah. Okay. Perfect.
KELLIE ROY - CONCERNED CITIZEN - HB 146 - Um, I am here testifying on behalf of farmers and licensees in Massachusetts. It's been really an emotional roller coaster seeing how, you know, a lot of people thought they were going to have opportunities here and really there's been a lot of disappointment. Um, so I think that 146 specifically can help farmers and5893 licensees because we just need that opportunity to compete. Right now we can't really compete because of the restrictions and farmers are everything. Farmers can't even sell their flower. I know everybody's repeated this, but I think it's it's just almost evil that our state can accept a legal program for hemp farmers and tell them they can't sell their own flower. It's so, so wrong and so unjust.
And I mean, everything has been so unjust already with the war on drugs and this plant is cannabis. I myself I'm a social equity applicant, my family's been harmed by the war5946 on drugs. And yet again, I think I might have an opportunity and become licensed and there's just all these restrictions put on me. I don't understand why this plant that is more American than anything, um, is so restricted in Massachusetts. You know, like we're one of the founding colonies in this country. Hemp helped people out of World War II through, you know, we could make sales, we can make products, It was actually a law. Everybody had to grow hemp on their land. So I know5982 it seems like you guys are really open to all of this and I'm probably preaching to the choir, but please allow farmers to farm hemp.
Please get rid of these restrictions. Everybody can go to a gas station and buy CBD oil. They can buy coffee that has CBD and all these things that I want to make. That6006 is my passion. I love infusing things, I love making healing products, but I've been blocked from doing it. The reason that I decided to finally get my hemp license this year is because I believe that the legislature and all these amazing people that are advocating for the plant are going to create changes. There is no opportunity for me right now. The testing is so expensive and my skill really lies in the product creation. And there's so much competition out there from other states and people that are unlicensed. I can't compete, I can't, if someone says to me Kellie because they know that I'm an herbalist and I make stuff, can you make my6049 dog this CBD oil?
I have to say no because I'm licensed. If somebody asked my neighbor who loves to make herbal products, can you make this CBD oil? Sure they can, they can make that for their dog. But I can't because I'm playing by the rules. So please just allow people that are playing by the rules to have a fair chance. And I guess that's it. I've probably gone over my time and I'm very impassioned about this and I just want, I want amazing changes and I want opportunities for people. And this plant is so beautiful. I'm getting emotional, but I just want to be able to help people. I want more opportunities for everybody. And I think this bill can help that. So thank you. SHOW NON-ESSENTIAL DIALOGUE
Well, thank you very much for your testimony. Are there any questions or comments on the committee? Yeah, we'll see then. We appreciate your testimony. Thank you.
Um, and next up we have Jacob, Zamansky
Jacob with us.
Yeah, it's not seeing him when we can come back to that. I think that's the final list um, of who was signed up. We didn't see the chata was a Goldie Gardner would like to testify. Goldie 5th. I'm here. I did sign up. I don't know what happened.
That's okay.
GOLDIE PIFF - A.V. ROSE FARMS - HB 171 - Um, I'm also part owner of A.V. Rose Farms Quality Today in Village Piff. Um, I'm in support of all these bills and I just want us to really consider supporting local grown and operated. Everyone loves to say it, but let's put the laws behind it and make sure we can put some pride in saying this is a Massachusetts product. Massachusetts owned, operated and sold in Massachusetts. Be able to walk into a store and know that we're supporting another local business. That is huge. So let's hopefully get this passed without any more delay. Also Um, I wanted to comment on H 171 which guys, we more than need. We're small um, farm also, we are licensed6177 for hemp. We chose to sit out because we can't afford to take another loss. We're too small and we're at such a fragile state being small farmers. We need assurity that the laws are working with us. And so I just want to say, please guys, let's step it up and show Massachusetts folks how it's done and make sure that we actually get a chance in the game. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Any questions or comments on the committee.
All right. CNN Thank you very much for your testimony. So I believe that's the list of everyone who signed up to testify. I would just like to call it bruto Sirola again. Just don't You had signed up earlier. I don't know if they're on the call if you'd like to testify, but we'll open up. There's anyone else who's wishing to testify that has not had a chance.
Oh, well, seeing none. I believe that this concludes our hearing today. I want to thank everybody members for being here and participating and for everyone who testified and change your stories. And again, we'll6253 be accepting written testimony. So please email to ourselves to the co chairs and we'll be able to review that and continue to work. So I want to thank you all for being here. Thank you. Thank you. Thank everybody virtually gavel out.
Thank you.
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