Currently, adult use regulations specify a limit of 5 grams of cannabis concentrate. Under current regulations, MA dispensaries understand concentrates such as wax or shatter to mean the weight of the concentrate or resin. For example, 1 gram of shatter would be sold as 1 gram or 1000mg, regardless of how much THC is in it. The usable marijuana weight is the weight of the cannabis concentrate before mixing with anything else and when placed on a scale. Usable marijuana weight is not currently based on THC for cannabis shatter and waxes under current regulations. While under the current regulations, there has been little question or confusion of waxes and shatters, there has been some questions surrounding usable marijuana weights for edibles, tinctures and topicals. Newly proposed adult use regulations, only further confuse the issue of if and when there is a difference between usable marijuana weights and THC. 

There is an upcoming  public meeting to discuss proposed regulations. We hope the following concerns will be addressed. 

Proposed regulations

(3) Limitation on Sales. (a) In accordance with M.G.L. c. 94G, § 7, a Marijuana Retailer shall not knowingly sell more than one ounce of Marijuana or its combined Marijuana dry weight equivalence in Marijuana concentrate or edible Marijuana Products to a retail customer per day. 

1. One ounce of Marijuana flower shall be equivalent to five grams of active tetrahydrocannabinol (THC) in Marijuana concentrate, including but not limited to Tinctures. 
2. One ounce of Marijuana flower shall be equivalent to five hundred milligrams of active tetrahydrocannabinol (THC) in edible Marijuana Products. 
3. Topicals and ointments shall not be subject to a limitation on daily sales.

(b) A Marijuana Retailer shall not sell Marijuana or Marijuana Products in excess of the potency levels established by 935 CMR 500.150(4); 

(c) A Marijuana Retailer must demonstrate that it has a Point-of-Sale System that does not allow for a transaction in excess of the limit established in subsection (a) or the potency levels established in subsection (b).

Let’s discuss what number 1 means.

If the state means, five grams (or 5000mg) of active thc, meaning, delta-nine-tetrahydrocannabinol (Δ9-THC),  in a concentrate such as shatter or wax, that would be way more shatter or wax than previously allowed. We don’t think this is the State's intention. To better understand why this does not seem like an appropriate description you need to understand the cannabis product being sold and the difference between delta 9 thc and THCA.  Typically, a product such as 1gram of cannabis shatter or wax won’t be “decarboxylated” and therefore, the Δ9-THC in the product is not active, and really minimal, at the point of sale. However, test results will indicate both THCA (not activated) and Δ9-THC. THCA could become Δ9-THC once it is heated (smoked, vaporized or put in the oven). Even if the state means “MAX THC” (referring to THC = Δ9-THC+THCA *excluding THCV and other  non psychoactive cannabinoids), this still equates to selling significantly more cannabis concentrate than is allowed under current medical or adult use regulations.

Let's look at an example. A "THC potent" 1 gram (or 1000mg) of cannabis shatter or wax might have a “MAX THC” of 80%. This means 800 milligrams (or .80 grams) of Δ9-THC + THCA = MAX THC. Test results will show Δ9-THC = 7.9 % (79mgs/.079g) and THCA =  72.1% (*721mgs / .721g).

If the state means, MAX THC, as I describe, a consumer could buy 6.25 one gram units of this production batch. 5000/800 = 6.25 grams. This would mean a dispensary could sell 6.25 grams of this shatter or wax, higher than the 5.3 previously allowed. The next batch, or 1 gram shatter they buy, will have differently implications to their limit.  In another example, a higher CBD strain, let's say, that 1 gram concentrate might have only 100 milligrams MAX THC, which would allow them to purchase 50 grams of “CBD heavy shatter.” 

It is unclear if it is the states goal to allow unlimited CBD product. To simplify usable marijuana limits and track production and sale of usable marijuana, one might suggest, the state revert to referring to the weight of the oil or resin for shatters and wax. 

The process for making tinctures is often much different than making shatters, waxes or oils for vaporization. To make a tincture, a cannabis business might use 1200 grams of biomass (bud or trim). They will soak the product in approximately 5 gallons of alcohol (usually ethanol) for several days or even weeks. The product is then filtered, removing approximately 80% of the original biomass, providing a yield of approximately 20%.  It would be simple to say, in this example, the product includes 400 grams (or 20%) of the original usable marijuana weight. This answer is a little tricky because the actual or exact weight of the product can’t be verified as it remains in a significant amount of mixing agent. Waste may include ethanol and water weights, which also makes the exact amount difficult to measure. Laboratory test results will give totals for cannabinoid weights, terpene weights, weights for remaining ethanol and other matter.  This product may have anywhere from 0-4000mgs “MAX THC” depending on how THC potent the original biomass was. 

Now, let’s consider the second proposed change.

Under current adult use regulations, the state of MA limited one edible to a maximum of 100mg of THC per package. With this new explanation of allowed amounts, limiting 500mg THC in one sale, suggests the state has decided they don’t want a cannabis business to sell more than 5 “max dose” edibles at a time. But how did they get to this number? What does this limit accomplish? If a customer can purchase more THC through oil or shatter and make much more potent or a greater number of edibles, why would they not pursue manufacturing their own product. How is this new regulation helping to establish an equivalency or control black market production and sales?

Last, let’s consider #3. 

The third change indicates topicals and ointments shall not be subject to a limitation on daily sales. Really? Why not?! I can point out the many problems with this proposed regulation. A topical may or may not have activated Δ9-THC. But, if the topical uses 100% edible ingredients one could heat it and eat it! If the topical uses common practice such as tincture oil or baking processes, Δ9-THC may be active. 

If I were a smart (or tricky) cannabis business manufacturer I would produce an "organic" topical product that is 100% edible ingredients. Have you ever tried an oatmeal face mask? Delicious!  I would tell customers they can rub it on their skin and tell them “don’t eat it though because it will get you very high...” spread the word. How about a body oil?! Don’t forget, even though all the ingredients are known edibles or cooking agents, don’t eat it or put it in your food, it will get you very high. If I were a smart or tricky edible consumer (or black market dealer), trying to abuse my limit, I would buy a lot of oils and oatmeal masks and I would eat them, share them with friends, or sell them illegally.

Are you confused yet? 

Us too. Trying to understand the equivalency and what weights the state is concerned with, is tricky. Looking to other industries like the pharmaceutical and alcohol industry for guidance will really help us, not to say they have got it 100% right. Before we go too far down the rabbit hole talking about THC and other cannabinoids, something we are only now beginning to understand, we should come back to the original definitions of usable marijuana weights. Usable marijuana weights, when referring to cannabis concentrates, should first hold true to a measurement of the weight of any product that came off the plant. Regardless of if it is oil, shatter, or plant material. This weight will give us an understanding of marijuana yields and net weights. This weight answers the question, how much marijuana is in this product? How much is being produced and sold?  This provides great answers and understanding for the consumer, state and business. Even if the number is “approximate” with an acceptable variance.

Additionally, if the regulators want to place limits on how much THC a person can purchase, than that should include THC limits for flower. Don’t forget, if a consumer wanted to take their flower product home and extract or press it at home, they could, easily. Live resin is one of the best up and coming products because it is easy enough for anyone to make and the closest thing available to pure cannabis resin (solvent free).

What about THC yields from flower?

If implying limits on THC, what would a MAX THC limit on flower look like? Currently the state of MA defines a limit of flower to 1 oz (28.3495 grams). For an example, let’s assume one strain of flower is 15% MAX THC (delta 9 thc+thca). 

28.3495 grams x .15 = 4.25 grams MAX THC or 4252 milligrams. This would be close to the 5000 milligram limit suggested by the state of MA. 

Let’s now say the strain is one that yields 20% THC. 28.3495 grams x .2 = 5.669 grams MAX THC or 5669.9 milligrams. This would put one over the limit of 5000 mgs THC. 

If regulations and limits are going to be based on THC, shouldn’t the state define THC and/or define “MAX THC” as Δ9-THC + THCA, since a customer could activate THCA, easily themselves. If THC were to be used as the limit, and if we were to establish a true equivalency, limitations on THC should be MAX THC, across all product categories, including flower. 

In Conclusion, some advice to the State of Massachusetts. 

If asked for my advice, I would suggest the state decides and clarify if the limits will be based on the equivalency of usable marijauana weight AND/OR THC, but should keep them as separate equivalencies and clearly define “active THC” in the regulations. If asked what, if any, limit should be applied, I would pose the question: What are the goals of the limitations? Is the goal to try to prevent diversion, IE, if a dispensary were to issue too much people may give it away or sell it? Or is the goal to control how much psychoactive ingredients someone can purchase at once? Maybe the goal is to track how much is produced and how much sold. Making sure the goal is understood would give us better direction.

Also, knowing under the adult use model, one person could go to multiple dispensaries and purchase more and more product, and no customer record is required, what do these limits actually accomplish? 

I am not suggesting no limits. I support limits of MAX THC content in edible and concentrate packaging. This helps to improve the consumer experience allowing them to better self control dosing. While I can also see concerns with excessive packaging requirements having a high cost to businesses and the environment, we can all understand wanting to take safety precautions for consumers. If the goal is to prevent black market sales, the best way to do that is to allow businesses to keep their prices low to compete with the black market operations. Allowing customers to purchase as much as they want, while paying tax will regulate supply and demand. 

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