2021 Update:
No new updates have been made on hemp and CBD laws in Massachusetts.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Massachusetts Hemp Laws and the legality of CBD in Massachusetts, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Massachusetts
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Massachusetts?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Full-spectrum CBD and other CBD and hemp products are legal in Massachusetts but must contain less than 0.3% total THC (THCA + delta-9-THC) and meet the requirements for CBD product labeling, testing, and record-keeping
Is It Legal to Ship PCR Hemp Oil to Massachusetts?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Massachusetts?
In Massachusetts you can buy CBD and hemp products in store or online as long as they meet state requirements.
Do you need a special license to purchase PCR Hemp Oil in Massachusetts?
You don’t need a special license to purchase CBD hemp oil (all types) in Massachusetts, only to grow, test, or sell products.
How Does Massachusetts Legally Define Hemp?
“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.
“Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.
An Act relative to hemp and hemp products in the commonwealth: Bill H.4001
Growing and Selling Hemp in Massachusetts
Massachusetts hemp growers and handlers must be registered and licensed with the state. The Massachusetts Department of Agricultural Resources (MDAR) Hemp Program regulates hemp cultivation under M.G.L.c. 128 Section 116-123 or as part of an Agricultural Pilot Program (under the USDA Farm Bill).
Hemp and CBD products must comply with Massachusetts hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- State-approved hemp varieties only
- Processors cannot process hemp from other states
In addition to Massachusetts state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Approved uses for industrial hemp under Massachusetts hemp laws include:
- Fiber
- Seed
- Hemp seed oil (no CBD)
- Cannabidiol (CBD) that is derived from a Crop that is certified by the Department as Industrial Hemp
- Seed for cultivation
- Seed, seed meal, and seed oil for consumption
- Other reasonable Commercial purposes approved in advance by the Department as consistent with the purposes of M.G.L. c. 128, Sections 116 through 123.
Massachusetts CBD Labeling Requirements
Under Massachusetts hemp laws, CBD manufacturers have many requirements to meet.
a. Manufacturers shall ensure that any products that will be used for human consumption and absorption (including but not limited to inhaling, eating, drinking, swallowing or topical application), are labeled in clear, legible wording no less than 1/16 inch in size on each container.
b. Labels shall be firmly affixed and shall include the following:
i. Manufacturer name, license number and address
ii. Cannabinoid profile (Must include THC and CBD concentrations, if any)
iii. Batch number
iv. Statement “This product is derived from Industrial Hemp.”
v. Statement “This product has not been analyzed or approved by the FDA.”
vi. Statement “This product derived from Industrial Hemp has not been tested or approved by the Massachusetts Department of Agricultural Resources.”
In addition to labeling, CBD manufacturers must also comply with strict testing and record-keeping requirements per Massachusetts hemp laws. Adding CBD to food or drink is prohibited under federal and state CBD laws.
