Massachusetts legislators this session are looking to take hemp-derived intoxicating products—which contain the same active ingredient as marijuana but are not regulated the same way—off shelves in gas stations, convenience stores and vape shops across Massachusetts.
The hemp products, which are generally edible and intoxicating like gummies or candies, have already been declared illegal in the state by several state agencies but continue to pop up in certain stores outside of dispensaries. Most of these products come from out of state.
Some business owners who sell the intoxicating products argue that the state agencies haven’t settled the matter because hemp is legal federally—through a loophole in the 2018 federal Farm Bill which legalized hemp. Hemp and marijuana are the same plant, but this law removed hemp from the classification of marijuana as long as it contains less than 0.3 percent THC— the psychoactive ingredient in cannabis—by volume.
Four bills have been filed on Beacon Hill to bring any consumable hemp-derived products like edibles, concentrates, tinctures, oils and capsules, under the purview of the Cannabis Control Commission or give local boards of health oversight to remove these products from stores other than dispensaries. Hemp products that are sold in dispensaries like CBD gummies are already regulated by the commission. These bills would specifically target intoxicating products being sold outside of dispensaries.
“[Hemp products] face no additional tax impositions, no host community agreements, no recall process, no FDA testing requirements, no age limits,” said Rep. Dawne Shand, a Newburyport Democrat, at a Joint Committee on Cannabis Policy hearing on Wednesday. “The intoxicating hemp industry makes a mockery of cannabis laws.”
Shand, a member of the committee, is pushing a bill that would prohibit intoxicating hemp products from being sold without an endorsement from the Cannabis Control Commission.
Rep. Michael Soter, a Republican from Bellingham, has two bills that would address hemp-derived products.
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