Northampton health board hears state and local options as delta-8, delta-10 products proliferate

Cheryl Sabara, executive director and senior staff attorney at the Massachusetts Association of Health Boards, told the Northampton Board of Health on a Zoom meeting that commercially sold delta-8 and delta-10 products are proliferating in convenience stores and come in high-potency forms such as gummies and shelf-stable snacks.

Sabara said the emergence of these products stems from a federal definition of hemp in the 2018 Farm Bill and that manufacturers exploit that definition to market synthetically derived cannabinoids as “hemp-derived.” “The plain meaning of that federal definition is that anything that has a delta‑9 concentration of not more than 0.3% is by definition hemp,” Sabara said. She added that many commercial products are made by converting minor cannabinoids into more intoxicating isomers in uncertified labs and that tests have found unknown contaminants and acetic acid in some samples.

The nut graf: Local health departments have multiple, imperfect enforcement paths — food-code violations for adulterated food and local retail permits for shelf-stable products, tobacco-control enforcement for flavored vapes, or criminal enforcement under state controlled-substance law — but none provides a complete solution for products sold openly in convenience stores.

Board members and staff discussed specific enforcement options. Amy (staff member) told the board that Northampton’s retail permits cover shelf-stable foods such as chips and drinks, which would allow inspectors to cite adulterated food if delta‑8 or delta‑10 is present in those items. Sabara noted that edible products infused with hemp-derived cannabinoids are considered adulterated under Massachusetts Department of Public Health and Department of Agricultural Resources guidance and that the Alcoholic Beverages Control Commission has also issued guidance limiting THC beverage sales to licensed cannabis establishments.

Sabara summarized testing and public-health concerns cited by state labs and the Cannabis Control Commission: “When they tested these synthetic isomer products, they found acetic acid and between 15 to 30 unknown contaminants,” she said, and warned that many items are marketed in formats attractive to youth, increasing accidental exposures. She cited poison-control data and high-potency product labels in her presentation.

Board members asked how enforcement is working locally. Amy said a 2023 compliance check of 22 establishments found few delta‑8/delta‑10 products after prior outreach, suggesting education and written guidance had reduced visible retail availability. Sabara recommended multiple tactics: (1) use the food code and local retail-permit authority where applicable, (2) consider local prohibitions or permit-based restrictions where permitted, (3) engage law enforcement for controlled-substance enforcement where appropriate, and (4) request state or attorney-general assistance for online sales and lab testing support.

Board members discussed whether to pursue a local regulation or rely on existing statutes. Sabara noted that some municipalities (Needham, Beverly, Lynn, Belchertown) have adopted bans or local regulations to restrict sale and that state legislation proposing a statewide prohibition and a health-protection fund has been filed. The board did not adopt a regulation at the meeting but agreed to monitor the issue and use the food-code enforcement tools where products were found.

The discussion concluded with staff guidance to continue retail inspections and to use existing permit authority and the DPH/MDAR guidance to pursue noncompliant products. The board did not take a formal vote on new local regulation at the meeting and asked staff to report back if products reappear on shelves.