H 168

HOUSE DOCKET, NO. 1998  FILED ON: 1/15/2025
  HOUSE . . . . . . . . . . . . . . . No. 168
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Dawne Shand
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
   An Act requiring the Cannabis Control Commission to regulate intoxicating hemp products.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Dawne Shand  1st Essex  1/15/2025
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  HOUSE DOCKET, NO. 1998  FILED ON: 1/15/2025
   HOUSE . . . . . . . . . . . . . . . No. 168
By Representative Shand of Newburyport, a petition (accompanied by bill, House, No. 168) of
Dawne Shand relative to requiring the Cannabis Control Commission to regulate intoxicating
hemp products. Cannabis Policy.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act requiring the Cannabis Control Commission to regulate intoxicating hemp products.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1Section XX. Chapter 94G, as so appearing, is hereby further amended by adding the
2 following sections:-
3Section 23. (a) As used in sections 23-24, the following words shall, unless the context
4 clearly requires otherwise, have the following meanings:-
5“Artificially derived”, the creation of a chemical substance by a chemical reaction that
6 changes the molecular structure of any chemical substance.
7“Cannabidiol (CBD)” means a nonpsychoactive cannabinoid found in the cannabis sativa
8 plant. CBD has the formula C21H30O2 and chemical structure, inclusive of stereochemical
9 variations. CBD is not tetrahydrocannabinol.
10“Cannabinoids” means compounds structurally defined as a diverse class of C21 or C22
11 terpenophenolic compounds found in Cannabis sativa L., their carboxylic acids, analogs, and
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12 transformation products. Cannabinoids, for the purposes of this chapter, shall include structurally
13 unrelated cannabimimetic compounds. The main cannabinoids found in cannabis plants are
14 Tetrahydrocannabinol (THC) and Cannabidiol (CBD). In addition to THC and CBD, there are
15 more than 100 cannabinoids that could be identified.
16“Cannabimimetic”, a compound that is not structurally a cannabinoid, but which can
17 elicit a biological response similar to those produced by cannabinoids by acting directly or
18 indirectly on cannabinoid receptors in the body.
19“Delta-8-tetrahydrocannabinol (Delta-8-THC)”, a psychoactive cannabinoid compound
20 found in the Cannabis sativa plant, but does not occur in naturally significant amounts. It has the
21 chemical formula C21H30O2 and the chemical structure inclusive of stereochemical variations.
22“Delta-9-tetrahydrocannabinol (Delta-9-THC)”, a psychoactive cannabinoid compound
23 found in the Cannabis sativa plant, and the primary psychoactive compound found in marijuana.
24 Delta-9 THC has the formula C21H30O2 and the chemical structure inclusive of stereochemical
25 variations.
26“Dry weight basis”, a method of determining the percentage of a chemical in a substance
27 after removing the moisture from the substance. The ratio of the amount of moisture in a sample
28 to the amount of dry solid in a sample.
29“Decarboxylation”, a process of treating a cannabis material or product to remove
30 carboxyl groups from the cannabinoids native in the plant, to form transformation products such
31 as THC and CBD. Decarboxylation is commonly accomplished by application of heat.
32 Decarboxylation is not considered a synthetic process.
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33“Hemp-derived cannabinoid product”, a product derived from hemp intended for human
34 consumption, by means including, but not limited to ingestion, injection or inhalation, that
35 contains more than .5 milligrams of total tetrahydrocannabinol (THC) per any serving or other
36 individual unit, and 2.5 milligrams per multi-serving package, container, or packages or
37 containers sold as a single unit.
38“Intoxicating tetrahydrocannabinols”, naturally occurring, synthetically derived,
39 artificially derived, isomerized, or synthetically converted tetrahydrocannabinols which, when
40 consumed, have the potential to induce disturbances in nervous system function and may result
41 in changes in cognition, perception, judgement, mood, consciousness, or behavior, that resolve
42 with time.
43“Isomers”, molecules or polyatomic ions with identical molecular formulae (i.e., the
44 same number of atoms of each element) but distinct arrangements of atoms in space.
45“Isomerization”, is the process in which a molecule, polyatomic ion or molecular
46 fragment is transformed into an isomer with a different chemical structure.
47“Tetrahydrocannabinol (THC)”, (i) all naturally, synthetically or artificially derived
48 tetrahydrocannabinols, or any structural, optical or geometric isomers or analogs of
49 tetrahydrocannabinols, which include but are not limited to, Delta-1 tetrahydrocannabinol; Delta-
50 6 tetrahydrocannabinol; Delta 3,4 tetrahydrocannabinol; Delta-8 tetrahydrocannabinol; Delta-9
51 tetrahydrocannabinol; Delta-10 tetrahydrocannabinol, Delta-11 tetrahydrocannabinol; (ii) any
52 other intoxicating tetrahydrocannabinols, (iii) any other naturally or artificially derived
53 cannabinoid that has an intoxicating or psychoactive effect; and (iv) any other chemically similar
54 compound, substance, derivative, or isomer of tetrahydrocannabinol.
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55“Tetrahydrocannabiolic acid (THCA)”, a naturally occurring cannabinoid compound
56 found in the cannabis sativa plant. THCA is the precursor to THC through decarboxylation.
57 THCA has the chemical formula C22H30O4.
58(b) No person may engage in the sale or transfer of hemp-derived cannabinoid products
59 or Tetrahydrocannabiolic acid (THCA) without receiving an intoxicating hemp endorsement
60 from the commission. The commission shall impose and collect fees pursuant to section 4 for
61 intoxicating hemp endorsements.
62(c) All THC, CBD, hemp and hemp derived cannabinoids shall be tested by an
63 independent testing laboratory licensed by the commission prior to any sale or transfer to another
64 person, consumer or patient within the commonwealth.
65(d) The commission shall issue rules and promulgate or amend regulations necessary to
66 implement this section.
67(e) This section shall not be construed to prevent the cultivation and production of hemp
68 pursuant to sections 116-123 of chapter 128 of the General Laws, or to prevent the interstate
69 transportation of hemp or hemp-derived products in compliance with federal law.
70Section 24. Whoever violates section 23(b) shall be punished by imprisonment for not
71 more than 1 year in the house of correction or by a fine of not more than $25,000 per day, or by
72 both such fine and imprisonment.
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