HOUSE DOCKET, NO. 2838        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 152

The Commonwealth of Massachusetts

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PRESENTED BY:

Bradford Hill

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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 relative to preventing the health harms of marijuana products.

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PETITION OF:

HOUSE DOCKET, NO. 2838        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 152

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to preventing the health harms of marijuana products.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1of chapter 94G of the General Laws is hereby amended by inserting the following:

“Characterizing flavor” means addition of Perceptible taste or aroma  post-harvest or use of a brand or product name, language  or image suggestive of a particular taste or aroma imparted by Marijuana or a Marijuana Product including, without limitation, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, nut or spice.  Marijuana or a marijuana product is presumed to have a characterizing flavor if a marijuana retailer,  manufacturer, manufacturer’s agent or employee has: 1) made a statement or claim directed to consumers or the public, whether expressed or implied, that the Marijuana or Marijuana Product or an emission or byproduct thereof, smells or tastes different from Marijuana, or (2) taken action that would be reasonably expected to result in consumers receiving the message that the Marijuana or marijuana, or an emission or byproduct thereof, smells or tastes different from marijuana.

“Marijuana concentrate” means a product derived from marijuana that is produced by extracting or concentrating cannabinoids from the plant through the use of: (i) Solvents; (ii) Carbon dioxide; or (iii) Heat, screens, presses, or distillation.

“Perceptible” means perceivable by the sense of taste or smell.

“Potency” means the percent of active tetrahydrocannabinol (THC) by weight in cannabis flowers or marijuana concentrates. The commission shall determine the criteria to measure potency, including but not limited to consideration of both active form of THC, delta-9-tetrahydrocannabinol (D9THC), and tetrahydrocannabinol acid (THCA), the D9THC precursor, by using the following equation: [D9THC + (THCa x 0.877)] or other criteria determined by The Commission.

“Tincture” means a cannabis-infused solution derived either directly from the cannabis plant or from a processed cannabis extract that is combined with 50 percent or greater food grade ethyl alcohol, glycerin, or vegetable oils that: (i) are distributed in a dropper bottle of 4 ounces or less; and (ii) contain no additional non-cannabis ingredients except potable water, unless approved by the Massachusetts Department of Public Health.

SECTION 2. Subsection (a1/2) of section 4 of chapter 94G of the General Laws is hereby amended by striking clause (xxv) and inserting in place thereof the following:

(xxv) requirements for reasonable THC potency limits for each type of marijuana product sold by a licensee and reasonable potency or dosing limits for marijuana concentrates and edible products, that shall, at a minimum, include: (1) a prohibition on marijuana flower with potency in excess of 10% THC; (2) a prohibition on marijuana concentrates intended for inhalation following vaporization or combustion that exceed 5mg THC per metered serving, or with potency exceeding 10%; (3) a prohibition on concentrated forms of marijuana products which fail to clearly provide metered, or otherwise measured, standard delivered servings of 5 mg THC; (4) a prohibition on packages of marijuana concentrate that exceed 20 metered or measured servings of 5 mg;  (5) a prohibition on any marijuana product with added sweeteners;  (6) a prohibition on any marijuana product with a characterizing flavor for which the primary use is human inhalation of the gases, particles, vapors or byproducts released as a result of the combustion, electrical ignition, or vaporization of the flavored marijuana product; (7) a prohibition on any inhalable cannabinoid product containing non-cannabis-derived substances, including flavors, non-cannabis terpenes, and/or chemicals that alter a legal THC product’s consistency, texture, or viscosity; (8) a prohibition on any liquid marijuana products intended for consumption by mouth, except for tinctures; (9) a prohibition on components to strengthen the intoxicating psychological effects of any marijuana product.

SECTION 3. Subsection (a1/2) of section 4 of chapter 94G of the General Laws is hereby amended by striking clause (xxvi) and inserting in place thereof the following:

(xxvi) requirements for the labeling of a package containing marijuana or marijuana products that shall, at a minimum, include: (1) a symbol or easily recognizable mark issued by the commission that indicates the package contains marijuana or a marijuana product; (2) a symbol or other easily recognizable mark issued by the commission on the package indicating to children that the product is harmful to children; (3) the name and contact information of the marijuana cultivator or the marijuana product manufacturer who produced the marijuana or marijuana product; (4) the results of sampling, testing and analysis conducted by a licensed independent testing laboratory; (5) a seal certifying the marijuana meets such testing standards; (6) a unique batch number identifying the production batch associated with manufacturing, processing, and cultivating; (7) a list of ingredients and possible allergens; (8) in bold, the amount of delta-nine-tetrahydrocannabinol (Δ9–THC) in the package and in each serving of a marijuana product as expressed in absolute terms and as a percentage of volume; (9) the number of servings in a package if there are multiple servings; (10) a use-by date, if applicable; and (11) the following statement, including capitalization: ''This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.''; and (12) comprehensive prominent rotating health warnings, based on the best available research on what constitutes effective warnings for transmitting knowledge and achieving behavior change from tobacco and cannabis warning research, including pictorial warnings if supported.  These regulations shall be periodically updated based on emerging science on cannabis and on warning communication best practices. These warnings must also include the increased risk of psychosis, schizophrenia, and suicide with use of THC-containing marijuana products, especially when initiated young or used frequently.

SECTION 4.  Section of chapter 94G of the General Laws is hereby amended by striking clause (a) and inserting in place thereof the following:

(a) The commission shall develop a research agenda in order to understand the social and economic trends of marijuana in the commonwealth, to inform future decisions that would aid in the closure of the illicit marketplace and to inform the commission on the public health impacts of marijuana. The research agenda shall include, but not be limited to: (i) patterns of use, methods of consumption, sources of purchase and general perceptions of marijuana among minors, among college and university students and among adults; (ii) incidents of impaired driving, hospitalization and use of other health care services related to marijuana use, including a report of the state of the science around identifying a quantifiable level of marijuana-induced impairment of motor vehicle operation and a report on the financial impacts on the state healthcare system of hospitalizations related to marijuana; (iii) marijuana-related Emergency Department visits and hospitalizations to include those accessing psychiatric emergency services; (iv) prevalence of cannabis-induced psychosis and cannabis use disorder in Massachusetts; (v) testing for THC and THC metabolites, including 11-OH THC, in all suicides and homicide perpetrators; (vi) prevalence of marijuana use by those in the juvenile justice population, as measured by testing for THC and 11-OH THC, at the time of entry into the juvenile justice system;  (vii) economic and fiscal impacts for state and local governments including the impact of legalization on the production and distribution of marijuana in the illicit market and the costs and benefits to state and local revenue; (viii) ownership and employment trends in the marijuana industry examining participation by racial, ethnic and socioeconomic subgroups, including identification of barriers to participation in the industry; (ix) a market analysis examining the expansion or contraction of the illicit marketplace and the expansion or contraction of the legal marketplace, including estimates and comparisons of pricing and product availability in both markets; (x) a compilation of data on the number of incidents of discipline in schools, including suspensions or expulsions, resulting from marijuana use or possession of marijuana or marijuana products; and (xi) any Massachusetts  assessment of youth substance use shall include questions about the types and consumption methods of marijuana products being used, frequency of marijuana use, and marijuana-related psychosis symptoms; and (xii) a compilation of data on the number of civil penalties, arrests, prosecutions, incarcerations and sanctions imposed for violations of chapter 94C for possession, distribution or trafficking of marijuana or marijuana products, including the age, race, gender, country of origin, state geographic region and average sanctions of the persons charged.

SECTION 5. Section 14 of chapter 94G of the General Laws is hereby amended by striking clause (b) and inserting in place thereof the following:

(b) Money in the fund shall be subject to appropriation. Money in the fund shall be expended for the implementation, administration and enforcement of this chapter by the commission and by the department of agricultural resources for the implementation, administration and enforcement of sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B. Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) at least $3,000,000 dollars of cannabis tax revenues annually shall go to the Massachusetts Department of Public Health and be used for research, development and implementation of mass and social media campaigns to educate the public on health risks associated with marijuana/THC consumption, including but not limited to, the risks to mental health (e.g. increased risk of psychosis, schizophrenia, suicidal thoughts, etc), risk of use during pregnancy, risks of early use, and use of high potency products to include risks of home extraction of marijuana concentrates. The vendor selected for this public health awareness campaign shall have experience with similar campaigns and shall be selected jointly by the Department of Public Health and Department of Mental Health. (iii) public safety; (iv) municipal police training; (v) the Prevention and Wellness Trust Fund established in section 2G of chapter 111; and (vi) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.