BOSTON ― The products have been appearing on the shelves of convenience stores, in gas station mini-marts and bodegas. Even liquor stores and restaurants seem to be selling hemp-infused seltzers, energy drinks, tinctures, chocolate bars, gummies and sugary treats masquerading as brand-name candies.

The often-intoxicating concoctions are smokable, vape-able, drinkable and edible: however they are not sold legally in Massachusetts.

Two legislative committees, the joint committees on agriculture and cannabis policy, met Tuesday, summoning public health officials, state agricultural experts and members of the Cannabis Control Commission to discuss the proliferation of the hemp products. They discussed changes in federal law that triggered the growth in the products, the lack of manufacturing and marketing oversight and what the state could do to address the risks they pose.

“It’s a Frankenstein-like chemical product,” said Kimberly Roy, a commissioner on the Cannabis Control Commission.

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The experts were clear: it’s up to the Legislature to act. They suggested Massachusetts establish a state-funded and -run standards laboratory for testing suspect products, survey the state to determine which local departments of health need additional resources and shoring up, and set clear state standards for hemp products. They said businesses also need to be educated that the products are illegal in Massachusetts.

What’s at issue?

• While hemp and marijuana are derived from the same plant, and products infused with hemp derivatives can be intoxicating, not all CBD- or hemp-infused products are intoxicating.
• With manufacturing oversight lacking, products can be contaminated by unknown substances.
• Solvents used to extract cannabinoids from hemp can be toxic.
• Ingredient labels do not always match the substances in the products.
• They are marketed and sold to all ages, including young children.
• Only those growers, manufacturers, distributers and retailers who are licensed and regulated by the state can sell intoxicating cannabis products legally.

The proliferation of the products can be traced to the 2018 federal Farm Bill that removed hemp from the schedule of illegal substances, allowing its cultivation for industrial purposes, according to Cheryl Sbarra, executive director of the Massachusetts Association of Health Boards. The plant is grown for its fiber and used to make rope, textiles and paper.

In removing the plant from the schedule of drugs, the federal government did limit the amount of THC, also called Delta 9, in a plant. Those containing less than 0.3% Delta 9 at harvest are considered hemp; plants with greater concentrations of the chemical compound are called marijuana.

In Massachusetts, the state Department of Agricultural Resources oversees the cultivation and harvest of hemp. The plant is tested for Delta 9 concentrations only at harvest. The Cannabis Control Commission oversees the cannabis industry.

Cannabis is tested for potency, for diverse contaminants from pesticide residues to heavy metals and molds. The state oversees the cultivation, harvest, manufacturing, product packaging, distribution and sales.

In contrast, manufacturers of hemp products, many working out of state, have no oversight at all.

Distillers can derive many different cannabinoids from marijuana, including Delta 8 and Delta 10. These can also be synthesized in a laboratory. That process uses solvents that can pose a health risk.

In analyzing hemp-infused substances, the CCC has found between 15 and 30 contaminants in products that analysts do not recognize.

“We don’t have names for them; we see the contaminants in the products, but we don’t know what they are; don’t know if they ever existed before,” Roy told the legislators.

Roy said she has heard from cannabis retailers who have invested at least $1 million in obtaining a state license and their dismay at seeing hemp-infused products, with Delta 8 and Delta 10 compounds, for sale online and at gas stations.

“There’s no testing, no advertising restrictions, no labeling and no tax benefit to the state,” Roy said.  

Masquerading as candy

“There are new products being sold all the time,” said Maureen Buzby, tobacco control coordinator for the Melrose Board of Health.

Public health officials also complained of the lack of resources and overriding authority to address the proliferation of hemp products.

Licensed retailers, those selling tobacco or alcohol products, can be warned that they could lose their licenses if they don’t remove the products from their shelves. Places that sell prepared foods also require licenses.

But health officials’ hands are tied when it comes to stores selling self-stable food items.

“We’re talking Twinkies and Coke,” Sbarra said. “They don’t need a permit to sell those items in Massachusetts.”

State Department of Public Health Secretary Dr. Robert Goldstein suggested the Legislature work in coordination with the Cannabis Control Commission, the Department of Agricultural Resources and his own department to resolve jurisdictional issues.

Data indicate that ingested cannabis products can have different effects than smoked products, and can affect children differently than adults, Goldstein said. There have been instances of overdoses and a need for hospitalization of children younger than 10 for breathing support.

“They look like candy,” Goldstein said, and added, “what kid doesn’t want to grab a pack off the shelf at the Home Depot and put it in the cart?”