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H153 • 2025

An Act requiring informed consent for marijuana testing

An Act requiring informed consent for marijuana testing

Healthcare
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Russell E. Holmes
Last action
2026-05-11
Official status
Accompanied a study order, see H5396 (under House Rule 27)
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on the content of the consent form or its explanation, only that written informed consent must be obtained.

Law Requiring Permission for Marijuana Tests

This law requires health care facilities, doctors, and providers to get written permission from patients before testing them for marijuana or sharing the test results.

What This Bill Does

  • Requires health care places to ask for a patient's written agreement before testing them for marijuana or THC (a chemical in marijuana).
  • Does not allow anyone else to see the test results without the patient’s permission, except the person being tested.

Who It Names or Affects

  • Health care facilities like hospitals or clinics
  • Doctors and other health care providers
  • Patients who might be tested for marijuana use

Terms To Know

THC
A chemical found in marijuana that can affect how the brain works.
Informed consent
When someone agrees to something after being told all the important information about it.

Limits and Unknowns

  • The bill does not specify what happens if a patient refuses to give permission for testing.
  • It is unclear how this law will be enforced or what penalties there might be for breaking it.

Bill History

  1. 2026-05-11 House

    Accompanied a study order, see H5396 (under House Rule 27)

  2. 2025-05-01 Joint

    Hearing scheduled for 05/07/2025 from 10:30 AM-01:00 PM in B-1

  3. 2025-02-27 House

    Referred to the committee on Cannabis Policy

  4. 2025-02-27 Senate

    Senate concurred

  5. House

    Reported by committee to Clerk’s Office for processing, will accompany a study order

Official Summary Text

An Act requiring informed consent for marijuana testing
By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 153) of Russell E. Holmes relative to requiring informed consent for marijuana testing at certain health care facilities. Cannabis Policy.

Current Bill Text

Read the full stored bill text
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Bill H.153

Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 70H the following section:-

Section 70I. A facility, as defined in section 70E, physician or health care provider shall not: (1) test any person for the presence of marijuana or delta-9-tetrahydricannabinol, also known as THC, without first obtaining that person’s written informed consent; (2) disclose the results of such test to any person other than the subject of the test without first obtaining the subject’s written informed consent; or (3) identify the subject of such tests to any person without first obtaining the subject’s written informed consent. A written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information.

Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

For the purpose of this section “written informed consent” shall mean a written consent form for each requested test and release of the results of a test performed on an individual showing the presence of marijuana or THC or for the release of medical records containing such information.

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