SECTION 1. Section 1 of 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.