This topic describes Usable Marijuana, Concentrate and Marijuana Infused Product Limits for Medical Marijuana in Massachusetts. 

There is often confusion over the difference between usable marijuana weight (or Marijuana dry weight equivalence) and THC. Both usable marijuana and THC are required for the label. Also, a registered medical dispensary (RMD) is required to submit the usable marijuana weight into the state database at the point of sale. The state then calculates a marijuana dry weight equivalence, providing a sales agent from selling over their allowed amount per customer or transaction. Currently, MA refers to the database as “Virtual Gateway.”

For a better explanation of how to determine usable marijuana weights and to ensure compliance, we must turn to the state definition statutes, regulations and rules or guidance offered by the Massachusetts Cannabis Control Commission.

MA Marijuana Limits and Dry Weight Equivalence

As you likely know by now, there are currently separate statutes for adult use cannabis sales and medical marijuana sales in MA. There are also two sets of regulations, one for adult use cannabis sales and medical marijuana sales  In this article we will discuss Medical Regulations. 

The state has proposed some changes to both medical and adult use cannabis regulations. Many are hoping this will make the regulations more consistent and clear, but so far, in my opinion, the draft regulations do not accomplish this.  There are still two distinctly separate regulations proposed, with different labeling requirements and different allowed limits. We discuss proposed medical regulations in another topic here, in more detail. 

Since the proposed medical regulations are not in effect yet, we use the current medical regulations to understand recording “usable marijuana weight” for flower, and marijuana dry weight equivalence (DWE) for concentrate and MIP limits. 

Definitions

To understand the medical marijuana weight sales limits, we should recall a few important definitions. 

If we are using the most recent regulations:  935 CMR 501.000: MEDICAL USE OF MARIJUANA

Marijuana or Cannabis means all parts of any plant of the genus Cannabis, not excepted in 935 CMR 501.003, and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; clones of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in M.G.L. c. 94G, § 1; provided that cannabis shall not include: 

• (a) the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; 
• (b) hemp; or 
• (c) the weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.

Usable Marijuana means the fresh or dried leaves and flowers of the female marijuana plant and any mixture or preparation thereof, including MIPs, but does not include the seedlings, seeds, stalks, roots of the plant, or marijuana rendered unusable in accordance with 935 CMR 501.105(10)(c)3.

Marijuana-infused Product (MIP) means a product infused with marijuana that is intended for use or consumption including, but not limited to, edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by an RMD, shall not be considered a food or a drug as defined in M.G.L. c. 94, § 1. 

Edible Marijuana-infused Products (Edible MIPs) means a Marijuana-infused Product (MIP) that is to be consumed by eating or drinking. 

Labeling Requirements

Currently the quantity of usable marijuana is required as part all package labels. We discuss labels in more detail in other topics and lessons, but the important points under the medical regulations regarding usable marijuana include:

Packaging and Labeling. 

...

• Labeling of Marijuana (Excluding MIPs)

  . The RMD shall place a legible, firmly affixed label on which the wording is no less than 1 /16 inch in size on each package of marijuana that it prepares for dispensing, containing at a minimum the following information: 

...

3. The quantity of usable marijuana contained within the package; 

...

6. The cannabinoid profile of the marijuana contained within the package, including THC level; 

...

• Labeling of MIPs (Marijuana Infused Products).

  • The RMD shall place a legible, firmly affixed label on which the wording is no less than 1 /16 inch in size on each MIP that it prepares for dispensing, containing at a minimum the following information: 

...

4. The quantity of usable marijuana contained within the product as measured in ounces; 
5. A list of ingredients, including the cannabinoid profile of the marijuana contained within the product, including the THC level; 

...

As we can see, the quantity of usable marijuana, total cannabinoid profile and THC are all listed separately and required for the medical label. 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? 

Sales Limits

Let’s look closer at the current regulations on sales limits. 

Under medical regulations, in addition to entering the usable marijuana on the label, dispensaries are also required to submit the total usable marijuana amount recorded through the states Virtual Gateway at the point of sale to a customer. 

Medical patients have allowed limits as followed: 

• 14-day Supply means that amount of marijuana, or equivalent amount of marijuana in MIPs, that a registered qualifying patient would reasonably be expected to need over a period of 14 calendar days for his or her personal medical use, which is 2.5 ounces, subject to 935 CMR 501.010(9). 

• 60-day Supply means that amount of marijuana, or equivalent amount of marijuana in MIPs, that a registered qualifying patient would reasonably be expected to need over a period of 60 calendar days for his or her personal medical use, which is ten ounces, subject to 935 CMR 501.010(9). 

Here starts the question of what is the equivalent amount of marijuana in a MIP? 

In 2018 the CCC offered this guidance on Usable Marijuana Content:

105 CMR 725.105(E)(2)(c) and 725.105(E)(3)(d) require labels of medical marijuana products to identify the quantity of usable marijuana contained within the product, as measured in ounces. For finished plant material and products containing finished plant material the quantity of usable marijuana is simply the weight in ounces of the plant material in the product. Massachusetts has determined that 10 ounces of finished plant material is the maximum 60-day supply allowed for medical marijuana patients. This is the largest amount of usable medical marijuana that may be dispensed by any RMD in Massachusetts. When finished plant material is used to derive cannabis resin or concentrates, processing alters the physical form and quantity (i.e., weight and volume) of the usable marijuana. 

To enable the comparison of usable marijuana in the various product types, DPH developed assumptions that should be used to express the quantity of usable marijuana in cannabis resins or concentrates in terms of the equivalent ounces of plant material. Based on Colorado Department of Revenue (2015) sources reviewed by DPH, it can be assumed that the yield of a cannabis resin or concentrate is 19 percent of the starting weight of plant material. This is based on the assumption that a typical butane extraction from 28.4 g (1 oz.) of flower will yield 5.5 g of oil. 

When the weight of cannabis resin or concentrate in a dispensed product is known, the quantity of usable marijuana, expressed in equivalent plant material weight, should be calculated by multiplying the resin or concentrate weight by 5.3 (i.e., 1 ÷ 0.19). For example, the quantity of usable marijuana in 1.9 ounces of cannabis oil is 10 ounces (1.9 ounces of cannabis oil x 5.3 = 10 ounces of usable marijuana). Therefore, 1.9 ounces of cannabis oil is equivalent to the maximum 60-day supply of useable plant material. 

The amount of usable marijuana in a MIP is equal to the amount of usable marijuana included in the product ingredients, measured before mixing, baking, or other processing or manufacturing steps. If more than one type of finished marijuana ingredient is used to prepare a MIP, the amount of usable marijuana in the MIP is the sum of the usable marijuana in the ingredients.

So what does this mean? 

During a medical sale, when submitting flower sales to the Virtual Gateway, an employee will record 3.5 grams flower sold. When submitting concentrate, such as .5 gram shatter, they would submit .5 grams shatter, which is the known weight of the resin. The Virtual gateway multiplies this amount by 5.3 to calculate the “Marijuana Dry Weight Equivalence” (DWE). This can be seen on the states virtual gateway user interface, but is not required as part of the label. The DWE for flower will show as 3.5 while the DWE for the .5 grams concentrate would be 2.65 grams. An employee could sell up to 284 grams (10oz)  flower OR they could sell 53 grams of shatter, within a 60 day period. 

Using this explanation for edibles, the dispensary would record the amount of shatter or oil put into the edible prior to mixing. If 3 grams or oil produced 3 brownies, there would be 1 gram in each brownie. This information is dependent on the manufacturer providing it on the label. An employee would enter 1 gram into the virtual gateway at the point of sale. The virtual gateway would multiple that by 5.3.

For tinctures, coming up with an accurate usable marijuana weight is a little more difficult. It becomes difficult to determine the weight “before mixing it with anything else” as mixing is part of the extraction process. Like with the production of shatter or oil, much of the original product used is rendered unusable and removed from the product and therefor, should not be counted as part of the usable product weight. Using rough yielded amounts, based on subtracting the amount of product recovered and wasted, gives us realistic numbers prior to post production laboratory results. To explore more examples, we created a separate topic to demonstrate examples of many types of cannabis products. 

In Conclusion

Through reviewing the regulations and guidance, we can now understand that usable marijuana quantity, or weight, is about the weight or yield of cannabis or cannabis resin that will be used in a final product. Total cannabinoids and THC, are different measurements that have their own implications. Now, through entry to METRC, the state is able to capture yields IE usable marijuana weight, and test results through the manufacturing process. However, the allowed amount of marijuana needs to be communicated through both the label and the POS system to imply limitations on sales, and proper recording at the point of sale. It is important that dispensary staff know which weight measurement to enter into the inventory control systems. 

Proposed new regulations for medical use marijuana weights do little to support the implication of usable marijuana weight equivalencies being based on THC in the case when usable marijuana weights are hard to decipher. 

If you still have questions, checkout the usable marijuana and concentrate weights examples here. Reviewing the next topic on current adult use requirements may also help in understanding the complexities of marijuana limits in MA. If you think we are missing something or have other ideas on this topic we would love to hear from you. Contact Us at info@adilas420.com

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