Amendment #681, as changed to H3400
Prohibiting the deceptive sale of Marijuana
Representatives Durant of Spencer, O'Connell of Taunton, Orrall of Lakeville, Kuros of Uxbridge and Ferguson of Holden Representatives Durant of Spencer, O'Connell of Taunton, Orrall of Lakeville, Kuros of Uxbridge and Ferguson of Holden move to further amend amendment 681 by striking the amendment in its entirety and replacing it with the following amendment:-
Representatives Durant of Spencer, O'Connell of Taunton, Orrall of Lakeville, Kuros of Uxbridge and Ferguson of Holden move to amend the bill by adding the following 2 sections:-
SECTION X. Section 5 of chapter 94C of the General Laws is hereby amended by inserting at the end thereof the following:-
The packaging of any marijuana product for dispensing or sale, as provided for in chapter 369 of the acts of 2012, shall not bear a reasonable resemblance to any product available for consumption as a commercially available candy.
As used in this section, "Commercially available candy", shall refer to any product that is manufactured and packaged for purchase from a retail market and for individual consumption in the form of bars, drops, or pieces and that includes a sweetened mixture of chocolate, caramel, nougat, nuts, fruit, cream, honey, marshmallow or any similar combination to create a dessert-like confection.
SECTION XX. Nothing containing a synthetic cannabinoid or melatonin may be sold that bears a reasonable resemblance to any packaging of anything available for consumption as a candy. For the purposes of this section the department of public health shall develop regulations to determine what constitutes “reasonable resemblance” and “candy.”
As used in this section, “Synthetic cannabinoid”, shall mean any of the following chemical compounds: (a) cp 47.497 and homologues: 2-[(1r,3s)-3-hydroxycyclohexyl] -5-(2-methyloctan-2-yl)phenol); (b) hu-210: [(6ar, 10ar)-9-(hydroxymethyl)-6,6-dimethyl-3- (2-methy loctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c] chromen-1-ol)]; (c) hu-211: (dexanabinol, (6as, 10as)-9-(hydroxymethyl) -6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c] chromen-1-ol); (d) jwh-o18: 1-pentyl-3-(1-naphthoyl)indole; (e) jwh-o73: 1-butyl-3-(1-naphthoyl)indole and (f) any compound, manufacture, salt, derivative, mixture or preparation of any such chemical compounds.