Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1998 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 168
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dawne Shand
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act requiring the Cannabis Control Commission to regulate intoxicating hemp products.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/15/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1998 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 168
18	18	By Representative Shand of Newburyport, a petition (accompanied by bill, House, No. 168) of
19	19	Dawne Shand relative to requiring the Cannabis Control Commission to regulate intoxicating
20	20	hemp products. Cannabis Policy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act requiring the Cannabis Control Commission to regulate intoxicating hemp products.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section XX. Chapter 94G, as so appearing, is hereby further amended by adding the
30	30	2following sections:-
31	31	3 Section 23. (a) As used in sections 23-24, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 “Artificially derived”, the creation of a chemical substance by a chemical reaction that
34	34	6changes the molecular structure of any chemical substance.
35	35	7 “Cannabidiol (CBD)” means a nonpsychoactive cannabinoid found in the cannabis sativa
36	36	8plant. CBD has the formula C21H30O2 and chemical structure, inclusive of stereochemical
37	37	9variations. CBD is not tetrahydrocannabinol.
38	38	10 “Cannabinoids” means compounds structurally defined as a diverse class of C21 or C22
39	39	11terpenophenolic compounds found in Cannabis sativa L., their carboxylic acids, analogs, and 2 of 4
40	40	12transformation products. Cannabinoids, for the purposes of this chapter, shall include structurally
41	41	13unrelated cannabimimetic compounds. The main cannabinoids found in cannabis plants are
42	42	14Tetrahydrocannabinol (THC) and Cannabidiol (CBD). In addition to THC and CBD, there are
43	43	15more than 100 cannabinoids that could be identified.
44	44	16 “Cannabimimetic”, a compound that is not structurally a cannabinoid, but which can
45	45	17elicit a biological response similar to those produced by cannabinoids by acting directly or
46	46	18indirectly on cannabinoid receptors in the body.
47	47	19 “Delta-8-tetrahydrocannabinol (Delta-8-THC)”, a psychoactive cannabinoid compound
48	48	20found in the Cannabis sativa plant, but does not occur in naturally significant amounts. It has the
49	49	21chemical formula C21H30O2 and the chemical structure inclusive of stereochemical variations.
50	50	22 “Delta-9-tetrahydrocannabinol (Delta-9-THC)”, a psychoactive cannabinoid compound
51	51	23found in the Cannabis sativa plant, and the primary psychoactive compound found in marijuana.
52	52	24Delta-9 THC has the formula C21H30O2 and the chemical structure inclusive of stereochemical
53	53	25variations.
54	54	26 “Dry weight basis”, a method of determining the percentage of a chemical in a substance
55	55	27after removing the moisture from the substance. The ratio of the amount of moisture in a sample
56	56	28to the amount of dry solid in a sample.
57	57	29 “Decarboxylation”, a process of treating a cannabis material or product to remove
58	58	30carboxyl groups from the cannabinoids native in the plant, to form transformation products such
59	59	31as THC and CBD. Decarboxylation is commonly accomplished by application of heat.
60	60	32Decarboxylation is not considered a synthetic process. 3 of 4
61	61	33 “Hemp-derived cannabinoid product”, a product derived from hemp intended for human
62	62	34consumption, by means including, but not limited to ingestion, injection or inhalation, that
63	63	35contains more than .5 milligrams of total tetrahydrocannabinol (THC) per any serving or other
64	64	36individual unit, and 2.5 milligrams per multi-serving package, container, or packages or
65	65	37containers sold as a single unit.
66	66	38 “Intoxicating tetrahydrocannabinols”, naturally occurring, synthetically derived,
67	67	39artificially derived, isomerized, or synthetically converted tetrahydrocannabinols which, when
68	68	40consumed, have the potential to induce disturbances in nervous system function and may result
69	69	41in changes in cognition, perception, judgement, mood, consciousness, or behavior, that resolve
70	70	42with time.
71	71	43 “Isomers”, molecules or polyatomic ions with identical molecular formulae (i.e., the
72	72	44same number of atoms of each element) but distinct arrangements of atoms in space.
73	73	45 “Isomerization”, is the process in which a molecule, polyatomic ion or molecular
74	74	46fragment is transformed into an isomer with a different chemical structure.
75	75	47 “Tetrahydrocannabinol (THC)”, (i) all naturally, synthetically or artificially derived
76	76	48tetrahydrocannabinols, or any structural, optical or geometric isomers or analogs of
77	77	49tetrahydrocannabinols, which include but are not limited to, Delta-1 tetrahydrocannabinol; Delta-
78	78	506 tetrahydrocannabinol; Delta 3,4 tetrahydrocannabinol; Delta-8 tetrahydrocannabinol; Delta-9
79	79	51tetrahydrocannabinol; Delta-10 tetrahydrocannabinol, Delta-11 tetrahydrocannabinol; (ii) any
80	80	52other intoxicating tetrahydrocannabinols, (iii) any other naturally or artificially derived
81	81	53cannabinoid that has an intoxicating or psychoactive effect; and (iv) any other chemically similar
82	82	54compound, substance, derivative, or isomer of tetrahydrocannabinol. 4 of 4
83	83	55 “Tetrahydrocannabiolic acid (THCA)”, a naturally occurring cannabinoid compound
84	84	56found in the cannabis sativa plant. THCA is the precursor to THC through decarboxylation.
85	85	57THCA has the chemical formula C22H30O4.
86	86	58 (b) No person may engage in the sale or transfer of hemp-derived cannabinoid products
87	87	59or Tetrahydrocannabiolic acid (THCA) without receiving an intoxicating hemp endorsement
88	88	60from the commission. The commission shall impose and collect fees pursuant to section 4 for
89	89	61intoxicating hemp endorsements.
90	90	62 (c) All THC, CBD, hemp and hemp derived cannabinoids shall be tested by an
91	91	63independent testing laboratory licensed by the commission prior to any sale or transfer to another
92	92	64person, consumer or patient within the commonwealth.
93	93	65 (d) The commission shall issue rules and promulgate or amend regulations necessary to
94	94	66implement this section.
95	95	67 (e) This section shall not be construed to prevent the cultivation and production of hemp
96	96	68pursuant to sections 116-123 of chapter 128 of the General Laws, or to prevent the interstate
97	97	69transportation of hemp or hemp-derived products in compliance with federal law.
98	98	70 Section 24. Whoever violates section 23(b) shall be punished by imprisonment for not
99	99	71more than 1 year in the house of correction or by a fine of not more than $25,000 per day, or by
100	100	72both such fine and imprisonment.