[Adopted 6-23-2025; amended in its entirety 12-8-2025]
A. 
WHEREAS, adult use marijuana is legal in the Commonwealth of Massachusetts and legal adult use marijuana products are comprehensively regulated by the Cannabis Control Commission; and
B. 
WHEREAS, tetrahydrocannabinol ("THC") as defined by this section is the chemical responsible for most of marijuana's psychological effects; and
C. 
WHEREAS, unregulated, illegal products containing THC, often produced synthetically, are being sold throughout the City in gas stations, smoke shops, bodegas, and convenience stores, often marketed as "hemp" products; and
D. 
WHEREAS, legal, adult-use marijuana can be distinguished from CBD because it contains more than trace amounts of THC and CBD does not; and
E. 
WHEREAS, while the amount of THC found naturally in legal adult use marijuana is sufficient to create psychological effects, CBD does not contain enough of a concentration of THC to have any psychological effects; and
F. 
WHEREAS, in Massachusetts, products containing THC are illegal according to the Massachusetts Department Public Health, Massachusetts Department of Agriculture Resources and the Massachusetts General Laws, unless sold and distributed by a marijuana establishment licensed and regulated by the Cannabis Control Commission; and
G. 
WHEREAS, products containing THC are not currently regulated by any agencies or departments of the Federal Government or the Commonwealth of Massachusetts; and
H. 
WHEREAS, there are no lab testing standards or safety requirements in place for the manufacture, sale and distribution of unregulated products containing THC; and
I. 
WHEREAS, products marketed for sale as "hemp" in the City have been found to a.) contain high amounts of highly intoxicating delta-9 THC and other THC compounds, b.) have been synthetically produced, and c.) contain harmful chemicals, pesticides, mold, solvents, bacteria, additives, and heavy metals including lead and mercury; and
J. 
WHEREAS, many products marketed as "hemp" are specifically marketed towards young adults and children and are easily available for purchase without any age or amount restrictions in gas stations, retail shops, bodegas, and various other businesses throughout the City of Springfield; and
K. 
NOW THEREFORE, the purpose of this article is to protect the health, welfare and safety of the public in the City of Springfield by prohibiting the manufacturing, sale, and distribution of intoxicating cannabinoid products, synthetic cannabinoid products, and/or unregulated products containing THC, authorizing the seizure and destruction of any intoxicating cannabinoid products, synthetically derived cannabinoid products and/or unregulated THC products, and issuance of noncriminal civil disposition fines for prohibited actions.
The following definitions are applicable to the entire contents of this article (Chapter 275 Article IV):
CONSUMABLE CBD
A product that is to be consumed by humans or is advertised, labeled or offered for sale as containing cannabinoids derived from hemp, that at most contains trace amounts of THC.
HEMP
The plant of the genus cannabis and any part of the plant, whether growing or not, with a THC concentration that does not exceed 0.3% on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta—9—tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content that is produced by a in accordance with an approved State and Tribal Hemp Plan under 7 U.S.C. § 1639p or the Department of Agriculture plan under 7 U.S.C. § 1639q.
THC
Means tetrahydrocannabinol, including delta-8, delta-9, 2 delta-10, tetrahydrocannabinolic acid, and any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, regardless of how derived or manufactured or any intoxicating compound, substance of derivative products by means of synthetic conversion.
A. 
No person, business entity or corporate entity shall be allowed within the City of Springfield to manufacture, sell or distribute THC without a marijuana establishment license from the Cannabis Control Commission and a marijuana operating permit from the Department of Health and Human Services, nor shall any person, business entity or corporate entity lease, sublease or otherwise permit property within their ownership or control to be used for the purpose of manufacturing, selling or distributing THC without a marijuana establishment license from the Cannabis Control Commission and a marijuana operating permit from the Department of Health and Human Services.
B. 
In furtherance of 105 CMR 590, no person, business entity or corporate entity shall be allowed to manufacture, sell or distribute any food products containing or claiming to contain consumable CBD or hemp or any products containing or claiming to contain consumable CBD or hemp that do not state "Only Trace Amounts of THC" on the packaging within the City of Springfield unless said products are approved through appropriate licensure from the Massachusetts Cannabis Control Commission, as authorized under the Massachusetts General Laws.
C. 
In furtherance of 105 CMR 665.005, no person, business entity or corporate entity shall be allowed to manufacture, sell or distribute vaping or smoking products containing or claiming to contain hemp, consumable CBD or THC within the City of Springfield, nor shall any person, business entity or corporate entity lease, sublease or otherwise permit property within their ownership or control to be used for the purpose of manufacturing, selling or distributing vaping or smoking products containing or claiming to contain hemp, consumable CBD or THC within the City of Springfield.
D. 
In furtherance of M.G.L. c. 128 § 117(c), no person, business entity or corporate entity shall be allowed to manufacture, sell or distribute any hemp, consumable CBD, or THC making therapeutic and/or medicinal claims on the label, unless approved by the Federal Food and Drug Administration and no person, business entity or corporate entity shall be allowed to manufacture, sell or distribute unprocessed, processed, or raw hemp meant for end use by a consumer unless approved through appropriate licensure by the Cannabis Control Commission and/or the Massachusetts Department of Agricultural Resources.
E. 
No owner of real property located within the City of Springfield who rents said property to a tenant for commercial purposes shall knowingly allow use of said property in violation of this section.
F. 
Each incident in violation of this section within the City of Springfield shall constitute a separate offense under this chapter, and shall each be subject to the penalty and enforcement provisions of § 275-15. A violation of this article for the sale or distribution of a product containing more than one unit within a single package shall be treated as a number of incidents equal to the number of units in the single package.
G. 
No person, business entity to corporate entity shall deliver, transport, or otherwise distribute any THC, hemp, or consumable CBD products, including vaping or smoking products, to any address within the City of Springfield unless such person holds a:
(1) 
Valid Marijuana Delivery Operator License or Courier License issued by the Cannabis Control Commission; and
(2) 
A permit City of Springfield Department of Health and Human Services.
H. 
Each unauthorized delivery shall constitute a separate offense subject to penalty and enforcement under § 275-15.
A. 
The penalty for a violation of this article (Chapter 275 Article IV) shall be $300 for each offense, and shall also include confiscation of all involved products by the City of Springfield through its Health and Human Services Department and/or its Police Department.
B. 
Penalties for violations of this article (Chapter 275 Article IV) may be lawfully enforced through any and all appropriate means under the law or in equity including but not limited to non-criminal disposition pursuant to G.L. c. 40, § 21D, by the City of Springfield's Commissioner of Public Health and his/her designated agents, and by the Springfield police Superintendent and his/her agents or any police officer. Appeals for violations of this article (Chapter 275 Article IV) may be undertaken in accordance with M.G.L. c. 40 § 21D.
C. 
Penalties for violation of this article (Chapter 275 Article IV) shall be eligible for conversion to municipal charges liens as a general ordinance of the City under Chapter 42, Article IV, § 42-16 through § 42-21, and in accordance with M.G.L. c. 40 § 58.
D. 
The Collector of the City shall include unpaid, outstanding charges for violations of this article (Chapter 275 Article IV) as part of any lists submitted to City Departments, Boards and Commissions under City Ordinance Chapter 229 § 229-2.
E. 
Enforcement by injunction. Where a person, business entity or corporate entity commits more than three offenses under this article (Chapter 275 Article IV) in any calendar year, the City may, in addition to any other remedy provided herein or in place thereof, seek an immediate injunction to prevent the continued violation of this article (Chapter 275 Article IV) through an appropriate proceeding instituted in a court of competent jurisdiction.
F. 
Any person, business entity, or corporate entity found in violation of this article (Chapter 275 Article IV) more than three times within a twelve-month period shall be subject to enhanced penalties, including:
(1) 
Mandatory suspension of local operating permits and occupancy permits for a minimum of 30 calendar days, subject to review by the Department of Health and Human Services;
(2) 
A rebuttable presumption of revocation of business licenses and occupancy permits, particularly where repeated offenses demonstrate a pattern of disregard for public health or regulatory compliance;
(3) 
A presumption of public nuisance, enabling the City to pursue civil remedies including temporary or permanent closure of the premises.
In the event that any section, subsection or clause of this article (Chapter 275 Article IV) is found to be unconstitutional, or otherwise unlawful by order a court of competent jurisdiction in the Commonwealth of Massachusetts, the validity of the remaining sections, subsections and clauses shall not be impacted or invalidated and shall continue in full force and effect. In the event that the General Court of the Commonwealth of Massachusetts enacts comprehensive legislation on this subject matter subsequent to the enactment of this article, then this article shall be interpreted as working in harmony with the Massachusetts General Laws. Any provisions of this article that are deemed in sharp conflict with any Massachusetts General Law shall be rendered moot and shall be removed via amendment to this article.