Amendment #270 to H4200

Restricting the packaging of Marijuana

Representatives Durant of Spencer and Kane of Shrewsbury 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.

As used in this section, "packaging", shall refer to any external wrapper or enclosure in which the item to be consumed is contained, or the shape or appearance of the item to be consumed.

As used in this section, "packaging", shall refer to any external wrapper or enclosure in which the item to be consumed is contained, or the shape or appearance of the item to be consumed.

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.