Massachusetts 2025 2025-2026 Regular Session

Massachusetts House Bill H168 Introduced / Bill

Filed 02/27/2025

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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 Shand1st Essex1/15/2025 1 of 4
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:
1 Section XX. Chapter 94G, as so appearing, is hereby further amended by adding the 
2following sections:- 
3 Section 23. (a) As used in sections 23-24, the following words shall, unless the context 
4clearly requires otherwise, have the following meanings:-
5 “Artificially derived”, the creation of a chemical substance by a chemical reaction that 
6changes the molecular structure of any chemical substance.
7 “Cannabidiol (CBD)” means a nonpsychoactive cannabinoid found in the cannabis sativa 
8plant. CBD has the formula C21H30O2 and chemical structure, inclusive of stereochemical 
9variations. CBD is not tetrahydrocannabinol. 
10 “Cannabinoids” means compounds structurally defined as a diverse class of C21 or C22 
11terpenophenolic compounds found in Cannabis sativa L., their carboxylic acids, analogs, and  2 of 4
12transformation products. Cannabinoids, for the purposes of this chapter, shall include structurally 
13unrelated cannabimimetic compounds. The main cannabinoids found in cannabis plants are 
14Tetrahydrocannabinol (THC) and Cannabidiol (CBD). In addition to THC and CBD, there are 
15more than 100 cannabinoids that could be identified.
16 “Cannabimimetic”, a compound that is not structurally a cannabinoid, but which can 
17elicit a biological response similar to those produced by cannabinoids by acting directly or 
18indirectly on cannabinoid receptors in the body.
19 “Delta-8-tetrahydrocannabinol (Delta-8-THC)”, a psychoactive cannabinoid compound 
20found in the Cannabis sativa plant, but does not occur in naturally significant amounts. It has the 
21chemical formula C21H30O2 and the chemical structure inclusive of stereochemical variations.
22 “Delta-9-tetrahydrocannabinol (Delta-9-THC)”, a psychoactive cannabinoid compound 
23found in the Cannabis sativa plant, and the primary psychoactive compound found in marijuana. 
24Delta-9 THC has the formula C21H30O2 and the chemical structure inclusive of stereochemical 
25variations.
26 “Dry weight basis”, a method of determining the percentage of a chemical in a substance 
27after removing the moisture from the substance. The ratio of the amount of moisture in a sample 
28to the amount of dry solid in a sample.
29 “Decarboxylation”, a process of treating a cannabis material or product to remove 
30carboxyl groups from the cannabinoids native in the plant, to form transformation products such 
31as THC and CBD. Decarboxylation is commonly accomplished by application of heat. 
32Decarboxylation is not considered a synthetic process. 3 of 4
33 “Hemp-derived cannabinoid product”, a product derived from hemp intended for human 
34consumption, by means including, but not limited to ingestion, injection or inhalation, that 
35contains more than .5 milligrams of total tetrahydrocannabinol (THC) per any serving or other 
36individual unit, and 2.5 milligrams per multi-serving package, container, or packages or 
37containers sold as a single unit. 
38 “Intoxicating tetrahydrocannabinols”, naturally occurring, synthetically derived, 
39artificially derived, isomerized, or synthetically converted tetrahydrocannabinols which, when 
40consumed, have the potential to induce disturbances in nervous system function and may result 
41in changes in cognition, perception, judgement, mood, consciousness, or behavior, that resolve 
42with time.
43 “Isomers”, molecules or polyatomic ions with identical molecular formulae (i.e., the 
44same 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 
46fragment is transformed into an isomer with a different chemical structure.
47 “Tetrahydrocannabinol (THC)”, (i) all naturally, synthetically or artificially derived 
48tetrahydrocannabinols, or any structural, optical or geometric isomers or analogs of 
49tetrahydrocannabinols, which include but are not limited to, Delta-1 tetrahydrocannabinol; Delta-
506 tetrahydrocannabinol; Delta 3,4 tetrahydrocannabinol; Delta-8 tetrahydrocannabinol; Delta-9 
51tetrahydrocannabinol; Delta-10 tetrahydrocannabinol, Delta-11 tetrahydrocannabinol; (ii) any 
52other intoxicating tetrahydrocannabinols, (iii) any other naturally or artificially derived 
53cannabinoid that has an intoxicating or psychoactive effect; and (iv) any other chemically similar 
54compound, substance, derivative, or isomer of tetrahydrocannabinol. 4 of 4
55 “Tetrahydrocannabiolic acid (THCA)”, a naturally occurring cannabinoid compound 
56found in the cannabis sativa plant. THCA is the precursor to THC through decarboxylation. 
57THCA has the chemical formula C22H30O4.
58 (b) No person may engage in the sale or transfer of hemp-derived cannabinoid products 
59or Tetrahydrocannabiolic acid (THCA) without receiving an intoxicating hemp endorsement 
60from the commission. The commission shall impose and collect fees pursuant to section 4 for 
61intoxicating hemp endorsements.  
62 (c) All THC, CBD, hemp and hemp derived cannabinoids shall be tested by an 
63independent testing laboratory licensed by the commission prior to any sale or transfer to another 
64person, consumer or patient within the commonwealth.
65 (d) The commission shall issue rules and promulgate or amend regulations necessary to 
66implement this section. 
67 (e) This section shall not be construed to prevent the cultivation and production of hemp 
68pursuant to sections 116-123 of chapter 128 of the General Laws, or to prevent the interstate 
69transportation of hemp or hemp-derived products in compliance with federal law.
70 Section 24. Whoever violates section 23(b) shall be punished by imprisonment for not 
71more than 1 year in the house of correction or by a fine of not more than $25,000 per day, or by 
72both such fine and imprisonment.