Whereas, delta-9-tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana's psychological effects [Alina Bradford, What is THC?, LIVESCIENCE (May 18, 2017), available at https://www.livescience.com/24553-what-is-thc.html].
Whereas, hemp is defined as "the plant of the genus Cannabis and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta-9-tetrahydrocannabinol and tetrahydrocannabinol acid in any part of the plant of the genus Cannabis regardless of moisture content" (MGL c. 94C, § 1).
Whereas, marijuana is defined as "all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinol as defined in section 1 of chapter 94C" of the Massachusetts General Laws; "provided, however, that 'marijuana' shall not include . . . (ii) hemp" (MGL c. 94C, § 1).
Whereas, delta-8, delta-10, and other forms of THC are isomers of delta-9 and, except for trace amounts, are not found naturally in the plant cannabis, but are instead synthetically produced in laboratories [Kristina Etter, I Stand Corrected: The Truth About Delta - 8 THC, MEDIUM (March 17, 2021), available at https://medium.com/seed-stem/i-stand-corrected-the-truth-about-delta-8-thc-e8085725ed9e].
Whereas, the production of synthetic, hemp-derived products like delta-8 is not regulated by the federal government or in Massachusetts because the manufacture, sale or distribution of such products is not permitted under state or federal law; these products are Schedule 1 controlled substances pursuant to the Controlled Substances Act [https://www.fda.gov/news-events/press-announcements/fda-issues-warning-letters-companies-illegally-selling-cbd-and-delta-8-thc-products; https://www.dea.gov/drug-information/csa#:§ :text=The%20Controlled%20Substances% 20Act%20(CSA,and%20safety%20or%20dependence%20liability].
Whereas, synthetically produced THC products have not been evaluated or approved by the FDA for safe use in any context because there is variability in manufacturing processes, product labeling and amounts of THC concentrations, in addition to reports of hallucinations, vomiting, tremor, dizziness, anxiety and confusion [https://www.dea.gov/drug-information/csa#:§ :text=The%20Controlled%20Substances%20Act%20(CSA, and%20safety%20or%20dependence%20liability].
Whereas, the Massachusetts Supreme Judicial Court has held that "[t]he right to engage in business must yield to the paramount right of government to protect public health by any rational means" [Druzik v. Bd. of Health of Haverhill, 324 Mass. 129, 139 (1949) (citing Lawrence v. Bd. of Registration in Med., 239 Mass. 424, 428 1921)].
Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of its residents, and pursuant to the authority granted to the Beverly Board of Health pursuant to MGL c. 111, § 31, the Board of Health enacts this regulation prohibiting the manufacturing, sale, and distribution of synthetic cannabinoids.