MA Adult Use Usable Marijuana Weight and Concentrate Product Limits
A piece of cannabis oil concentrate
Course
This topic describes usable marijuana, concentrate and marijuana infused product (MIP) weight limits for Adult Use in Massachusetts.
There is often confusion over the difference between usable marijuana weight and THC. Both the amount of marijuana and THC are required for most all Adult Use label. There are currently regulations that limit the amount of marijuana one can buy and the amount of THC that can be in a single package.
Getting Started
For a better explanation and to ensure compliance, we must turn to the state definitions statutes and regulations.
As you likely know by now, there are currently two regulations in MA, one for adult use cannabis sales and one for medical marijuana sales . There are also two proposals for changes to regulations, one for adult use cannabis and one for medical marijuana. In this article we will discuss current Adult Use regulations. We do explore current medical regulations for sales, weight limits and dry weight equivalence in another topic.
The state has proposed some changes to adult use cannabis regulations to ensure consistency, when possible. Unfortunately, we feel they have only further confused and complicated the usable marijuana allowed amounts. We explore the new confusion, here, in a separate topic in more detail. Since the proposed adult use regulations are not yet in effect, we use the current regulations to understand “usable marijuana weight” for flower, concentrate and MIP limits in MA.
Definitions
To understand the limits, we should recall a few important definitions.
935 CMR: CANNABIS CONTROL COMMISSION 935 CMR 500.000: ADULT USE OF MARIJUANA
Cannabis or Marijuana Products means cannabis or marijuana and its products unless otherwise indicated. These include products [that] have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
Usable Marijuana means the fresh or dried leaves and flowers of the female marijuana plant and any mixture or preparation thereof, including cannabis or marijuana products, but does not include the seedlings, seeds, stalks, roots of the plant, or marijuana rendered unusable in accordance with 935 CMR 500.105(12)(c).
Finished Marijuana means usable marijuana, cannabis resin or cannabis concentrate.
Edible Cannabis Products or Edibles means a cannabis or marijuana product that is to be consumed by humans by eating or drinking. These products, when created or sold by a Registered Marijuana Dispensary (RMD), shall not be considered a food or a drug as defined in M.G.L. c. 94, § 1.
Understanding Labeling Regulations
Currently the quantity of usable marijuana is required as part of most all package labels, except Marijuana Concentrates, Extracts, Tinctures and Topicals . We discuss labels in more detail in other topics and lessons, but the important points under the Adult Use regulations regarding usable marijuana include:
(a) Labeling of Marijuana Not Sold as a Marijuana Product.
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- The quantity of usable marijuana contained within the package;
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- The full cannabinoid profile of the marijuana contained within the package, including THC and other cannabinoid level;
(b) Labeling of Edible Marijuana Infused Products...
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- Net weight or volume in US customary and metric units;
- The quantity of usable marijuana contained within the product as measured in ounces;
- The type of marijuana used to produce the product, including what, if any, processing technique or solvents were used;
- A list of ingredients, including the full cannabinoid profile of the marijuana contained within the Marijuana Product, including the amount of delta-nine-tetrahydrocannabinol ()9-THC) and other cannabinoids in the package and in each serving of a marijuana product as expressed in absolute terms and as a percentage of volume;
- The serving size of the marijuana product in milligrams if the package is a multiple serving package;
- The number of serving sizes within the marijuana product based on the limits provided in 935 CMR 500.150; 10. The amount, in grams, of sodium, sugar, carbohydrates and total fat per serving; …
If usable marijuana weight and total cannabinoid profile or THC were the same thing, as many have suggested, why would they be seeking different data points on the label? The state does offer more requirements for THC on edible products for adult use sale.
Additional Labeling and Packaging Requirements for Edible marijuana products.
(a) In addition to the requirements set forth in M.G.L. c. 94G, § 4(a½)(xxvi) and 935 CMR 500.105(5) and (6), every Marijuana Retailer must ensure that the following information or statement is affixed to every container holding an edible marijuana product:
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- A nutritional fact panel that must be based on the number of THC servings within the container.
- Information regarding the size of each serving for the product by milligrams, the total number of servings of marijuana in the product, and the total amount of active THC in the product by milligrams (mgs). For example: “The serving size of active THC in this product is X mg(s), this product contains X servings of marijuana, and the total amount of active THC in this product is X mg(s).”
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(c) A Marijuana Product Manufacturer must ensure that each single serving of an edible marijuana product is physically demarked in a way that enables a reasonable person to intuitively determine how much of the product constitutes a single serving of active THC.
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(4) Dosing Limitations. A Marijuana Product Manufacturer may not prepare, and a Marijuana Retailer may not deliver, sell or otherwise transfer an edible marijuana product with potency levels exceeding the following, as tested by an independent marijuana testing facility licensed in accordance with M.G.L. c. 94G, § 15:
(a) for a single serving of an edible marijuana product, five milligrams of active tetrahydrocannabinol (THC); and
(b) in a single package of multiple edible marijuana product to be eaten, swallowed, or otherwise ingested, not more than 20 servings or 100 milligrams of active THC.
(c) The THC content must be homogenous, or evenly distributed throughout the edible marijuana product.
The requirement for the amount of marijuana is not present as they further defined specific labeling requirements for concentrates, extract, tincture and topical vocabulary under the adult use regulations. Adult Use:
Labeling of Marijuana Concentrates and Extracts
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- Product identity including the word “concentrate” or “extract” as applicable;
- Net weight of volume expressed in US customary units and metric units;
- The type of marijuana used to produce the product, including what, if any, processing technique or solvents were used;
- A list of ingredients, including the full Cannabinoid profile of the marijuana contained within the Marijuana Product, including the amount of delta-ninetetrahydrocannabinol ()9-THC) and other cannabinoids in the package and in each serving of a Marijuana Product as expressed in absolute terms and as a percentage of volume;
- A statement of the serving size and number of servings per container or amount suggested for use based on the limits provided in 935 CMR 500.150;
Labeling of Marijuana Infused Tinctures and Topicals.
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- The marijuana product’s identity;
- The type of marijuana used to produce the product, including what, if any, processing technique or solvents were used;
- A list of ingredients, including the full Cannabinoid profile of the marijuana contained within the Marijuana Product, including the amount of delta-ninetetrahydrocannabinol ()9-THC) and other cannabinoids in the package and in each serving of a Marijuana Product as expressed in absolute terms and as a percentage of volume;
- Net weight or volume as expressed in US customary units or metric units;
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One could assume, net weight means the net weight of the product, not the weight of usable marijuana. While the amount of marijuana is apparently not required for the label for concentrates, extracts, topicals and tinctures, there are still sales limits, based on the amount of marijuana being sold. Let’s look closer at the current regulations for reporting and regulating sales limits.
Sales Limits
Under the adult use regulations, limits on marijuana are basic, reading:
In accordance with M.G.L. c. 94G, § 7, a Marijuana Retailer may not sell more than one ounce of marijuana or five grams of marijuana concentrate to a consumer per transaction.
It could be assumed the equivalency, of 5 grams, was created based on the previously defined (and still confusing) medical formula which defines a multiplier of 5.3, assuming approximately 5 times concentration based on an industry average 19% yield.
As it reads, under the current adult use regulations, employees are required to limit sales based on the quantity of marijuana AND THC per package.
Also, in 2018 the state offered Guidance on Adult Use Tinctures:
An individual serving size in a package of tincture can be determined by the product manufacturer but can never contain more than 5 milligrams (mg) of delta-nine-tetrahydrocannabinol (Δ9-THC). See CMR 500.105(6)(e). The Commission recommends packaging tinctures with a dropper that provides a measured dose of up to the 5 mg, to comply with this requirement. One bottle or container of tincture cannot contain more than 1000 milligrams (mg) of delta-ninetetrahydrocannabinol (Δ9-THC).
A tincture is considered a concentrate. Under the [adult use] regulations, a marijuana retailer may not sell more than 1 ounce of marijuana (flower) or 5 grams of marijuana concentrate to an adult-use consumer per transaction. See 935 CMR 500.140(4) and 500.140(5)(c). Therefore, a marijuana retailer may not sell more than 5 grams of tincture to an adult-use consumer per transactions. Only a duly licensed marijuana retailer may sell an adult-use marijuana-infused tincture to a consumer.
Notice, this does not read “a marijuana retailer may not sell more than 5000 mg THC” in this explanation. You could wonder, is this intentional because they understand marijuana concentrate and Δ9-THC are different? Maybe they know that concentrates like shatter and wax contain very little Δ9-THC, as THC is not yet activated.
Recording Usable Marijuana Weights
Under adult use regulations, waste and the quantity of marijuana used to produce an edible, tincture or concentrate is submitted to the state system, through METRC, at the point it is manufactured (prior to testing). The concept of usable marijuana weight and a marijuana dry weight equivalent for concentrates, appears to be a conversation about yields, and weight of marijuana, not about THC potency. This is consistent with current medical regulations, but simplified, to simply say, now the limit is based on usable marijuana weight, with different limits for different categories. Although, THC potency limits are addressed in more detail in the current adult use regulations and proposed adult regulations, it is still not clear that usable marijuana weight and THC are the same thing. Also it is worth noting, THC limits have not been applied to the current or proposed medical regulations, while usable marijuana limits (and dry weight equivalence) remains.
At the point of sale (POS), a dispensary does not currently submit a usable marijuana weight or THC during the transition, however, it is required prior to ensure they do not over sell the allowed amount, in grams, of usable (or finished) marijuana. They are responsible to ensure that no product sold is over the allowed packaged THC limits, however there is not a limit on the amount of THC someone can purchase. Data points for usable marijuana and THC per package should all be recorded in the state track and trace system and inventory control system during the manufacturing process and referenced as part of the POS process.
In Conclusion
Through reviewing the regulations and guidance, we can now understand that amount or usable marijuana quantity, is a unit of measure, weight, that tells us about the yield of cannabis that is used in a final product. Total cannabinoids and THC, are different measurements that have their own implications. Usable marijuana includes, but is not limited to Δ9-THC, THC, CBD, CBDA, THCV and possibly hundreds of other cannabinoids, terpenes and leaf material. Now, through the required entry to METRC, MCCC is able to capture yields IE usable marijuana weight, and test results through the manufacturing process records. (Assuming licensees are entering correct records). The allowed amount of marijuana still needs to be communicated separately through the labels and through the POS to imply limitations on sales in the POS “gram tracker” as METRC does not currently apply limits or offer labels.
If you still have questions, looking at our examples of how to calculate usable marijuana or marijuana dry weight equivalent might help. Exploring other topics including MA Medical Usable Marijuana Weights and Concentrate Limits might also help you understand.
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