Proposed Law Would Cut Potency Of Marijuana Sold In Massachusetts

MASSACHUSETTS — A pair of bills pending in the Massachusetts legislature could force much of the state's recreational cannabis market out of state or onto the black market by raising the legal age to purchase to 25 from 21 and putting strict caps on the potency of marijuana products sold legally in the state.

State Rep. James O'Day, D-Worcester, filed a bill to raise the recreational usage age from 21 to 25, while a bill introduced by state Rep. Bradford Hill, R-Ipswich, would limit serving sizes, flavors and levels of THC — the psychoactive compound that makes marijuana users feel "high." Hill's bill would also ban the sale of several popular products, including edibles with added sweeteners and cannabis-infused seltzers and beverages.

At Theory Wellness, a cannabis dispensary that operates in Massachusetts, co-founder and Chief Executive Brandon Pollock said bills like the ones before state lawmakers could undermine the very intent behind the ballot measure Massachusetts voters approved in 2016.

"Age restrictions and potency caps would only further strengthen the illicit marketplace, undermining the goals of legalizing and regulating cannabis," Pollock said.

Hill's bill, which has two co-sponsors, stems from National Institute on Drug Abuse research showing the concentration of THC in marijuana flower has risen steadily, from an average 4 percent in the early 1990s to an average of more than 15 percent in 2018. If passed, the bill would cap THC levels in marijuana flower at 10 percent and put similar THC limits on edibles, concentrates and tinctures containing THC.

Those caps are significantly lower than the THC concentrations of most of the strains of marijuana currently being sold in Massachusetts, which range from the mid-teens to high 20s when measured as a percentage.

O'Day's bill, meanwhile, would raise the legal age to purchase cannabis to 25 from 21. At a Dec. 1 hearing on the measures, O'Day noted the Centers for Disease Control and Prevention says marijuana "may harm the developing teen brain," which isn't fully developed until a person is in their mid-20s.

Other bills discussed at the hearing including a proposal to tighten package labeling rules for marijuana products and the creation of an "open marijuana container" law for drivers, similar to the state's current rules on open containers of alcohol in cars.

Pollock would prefer if lawmakers focused on other areas of the cannabis industry, like lobbying to federal tax codes that penalize legal marijuana dispensaries or quickening the pace to set up the Cannabis Social Equity Trust Fund, which was called for under the law that legalized recreational marijuana sales in Massachusetts.

"Ongoing thoughtful discussion and changes regarding cannabis policy is critical to helping the industry mature," Pollock said. "With that said, there are much more pressing opportunities for legislators to help improve the Commonwealth's cannabis policy."