Mass. faces a regulatory challenge with hemp-based 'gas station weed'

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The gummies, energy shot-like drink bottles and seltzers have proliferated across Massachusetts convenience store checkout counters. As these intoxicating hemp-based products become more mainstream in the market, they appear to fall into a gray area between law and regulatory cracks.

An array of products advertised as containing synthetically derived delta-8 THC is offered for sale at a smoke shop in Seattle.

"My goodness. We have a situation where intoxicating hemp products are being produced, probably from hemp that isn't grown in Massachusetts, in labs that have no supervision, being put into packages that have no age requirements, and they're competing with our lawful cannabis retailers. This is a heck of a situation," Rep. Paul Schmid, co-chair of the Agriculture Committee, said at the end of his committee's joint convening with the Committee on Cannabis Policy.

"These products right now are illegal. And it's a crime to sell them because they're controlled substances. Now, that obviously hasn't stopped the industry from making these products and distributing these products," Cheryl Sbarra, executive director and senior staff attorney for the Massachusetts Association of Health Boards, said.

"We're seeing increasing numbers of those, especially youth and adolescents that are experiencing hospital admissions, ICU admission, significant morbidity, because of intoxication from these products.

"With that said, not everything is clearly under the definition of marijuana either, creating confusion and uncertainty as to who should be responsible for the oversight of cannabinoid products," Randle told the committees. Sbarra said product manufacturers"expanded" the definition to claim that any product that has a Delta-9 THC concentration of less than 0.3%"is by definition hemp," leading to"what is perceived to be a loophole."

 

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