Massachusetts Lawmakers Postpone Intoxicating Hemp Regulation to 2025

LOS ANGELES- Massachusetts lawmakers have announced that legislation to regulate intoxicating hemp products will not be completed before the end of the current legislative session next month. Despite the pressing need for regulation, the bill will likely be revisited in the next session.

Regulatory Gap for Hemp Products

Massachusetts has stringent regulations for medical and adult-use cannabis, but hemp products remain largely unregulated at the state level. This has led to the widespread availability of hemp products, including those with THC, at various retailers without age restrictions or safety regulations. The state legislature’s Joint Committees on Agriculture and Cannabis Policy held an oversight hearing to discuss proposals for regulating ingestible hemp products containing THC. Representative Paul Schmid, co-chair of the Agriculture Committee, expressed concerns about the current regulatory environment, highlighting the competition unregulated hemp products pose to licensed cannabis retailers.

Input from State Agencies

State agencies, including the Department of Public Health (DPH), the Massachusetts Department of Agricultural Resources (MDAR), and the Cannabis Control Commission, provided input during the hearing. Kimberly Roy from the Cannabis Control Commission noted that hemp products tested by the agency often contained multiple contaminants, stressing the disadvantage faced by licensed cannabis operators due to unregulated competition.

Enforcement Challenges

DPH and MDAR have stated that unregulated intoxicating hemp products are illegal, and recent guidance from these agencies asserts that selling edible hemp products outside regulated dispensaries is prohibited. However, enforcement falls to local health boards, which are already resource-strained. “The current situation is untenable. The joint guidance is very welcome and it is going to assist in our ability to enforce, but it’s not a silver bullet,” said Cheryl Sbarra, head of the Massachusetts Association of Health Boards.

Following the hearing, lawmakers acknowledged the need for regulation but conceded that legislation is unlikely to pass before the session ends on July 31. Representative Schmid indicated that the issue would be revisited in the next legislative session. Pete Gallagher, CEO and co-founder of Insa, a Massachusetts-based cannabis operator, criticized the delay but supported the focus on public health concerns. Massachusetts faces significant challenges in regulating intoxicating hemp products. While recent hearings have underscored the need for regulation, the legislative process will extend into the next session. The state continues to grapple with balancing public health concerns, regulatory enforcement, and the competitive landscape for licensed cannabis businesses.