Review of Proposed New Regulations for Usable Marijuana Weights and Marijuana Dry Weight Equivalence for Medical Sales in MA
Course
We discuss current medical regulations in detail in a previous topic. Currently, under medical regulations, customers are allowed a:
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)
Or a
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).
It does not appear the state has made any changes to the allowable supply for patients.
No changes to sales limits
Under current regulations, MA dispensaries understand the amount of marijuana 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. The weight is the weight of the cannabis concentrate before mixing with anything else and when placed on a scale. Usable marijuana weight is not based on THC for cannabis shatter and waxes under current regulations. While 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.
The state did offer some clarification for sales limits and labels for current regulations in 2018. We discuss the interpretation with this clarification in another topic regarding current regulations.
In this topic, we will discuss proposed new regulations. In my opinion, proposed new medical regulations for cannabis in MA have done little to clarify the confusion surrounding usable marijuana weights and concentrate limits for medical use marijuana sales.
Changes to labels
The new regulations provided some descriptions of new categories. Including defining tinctures:
Tincture means a Cannabis-infused alcohol or oils concentrate administered orally in small amounts using a dropper or measuring spoon.
Tincture is still included in the definition of marijuana infused products. A detailed breakdown was offered for labels clarifying requirements for non MIP products, edibles, concentrates, extracts and tinctures separately. No changes to the non MIP or edible labels are observed. Edible products still require “the quantity of Usable Marijuana contained within the product as measured in ounces.”
Changes do include:
Labeling of Marijuana Concentrates and Extracts. Prior to Marijuana concentrates or extracts being sold or Transferred, the MTC shall place a legible, firmly Affixed label on which the wording is no less than 1 /16 inch in size on each Marijuana concentrate container that it prepares for retail sale or wholesale, containing at a minimum the following information: …
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Product identity including the word “concentrate” or “extract” as applicable;
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Net weight of volume expressed in US customary units and metric units;
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The type of Marijuana used to produce the product, including what, if any, Processing technique or solvents were used;
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A list of ingredients, including the full Cannabinoid profile of the Marijuana contained within the Marijuana Product, including the amount of delta-nine tetrahydrocannabinol (Δ9-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;
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A statement of the serving size and number of servings per container or amount suggested for use;...
And:
Labeling of Marijuana Infused Tinctures, Topicals or other non-edible Marijuana Infused Products. Prior to Marijuana infused Tinctures, topicals or other non-edible Marijuana Infused Products being sold or Transferred the MTC shall place a legible...containing at a minimum the following information:
...
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The Marijuana Product’s identity;
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The type of Marijuana used to produce the product, including what, if any, Processing technique or solvents were used;
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A list of ingredients, including the full Cannabinoid profile of the Marijuana contained within the Marijuana Product, including the amount of delta-nine tetrahydrocannabinol (Δ9-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;
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Net weight or volume as expressed in US customary units or metric units;
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The date of product creation;
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A batch number, sequential serial number, and bar code when used, to identify the batch associated with manufacturing and Processing;
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Directions for use of the Marijuana Product;
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A statement and a seal that the product has been …
Adding to the confusion of usable marijuana weights, dry weight equivalents and limits, the usable marijuana weight is no longer clearly required on the label for these categories. Unless, we are assuming the limits for concentrates are based on THC content displayed on the label.
If we are to interpret it this way, then concentrate weights would also be based on THC, not on the net weight of the wax or resin.
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. What about CBD flower? 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.
Conclusion
The proposed regulations add confusion as to what weight the RMD (now known as Marijuana Treatment Center (MTC)), should be recording at the point of sale and to what customers should be limited.
Also adding to the confusion, the changes to newly proposed adult use regulations offer more limits on THC both in product packaging and in product sales. We discuss the proposed adult use regulations in a different topic.
There is an upcoming public meeting to discuss proposed medical and adult use cannabis regulations. We hope the issues regarding proposed medical regulations, presented in this topic will be addressed.
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