Your Cart is Empty
BLACK FRIDAY SALE IS LIVE! UP TO 40% OFF! FREE SHIPPING ON ALL ORDERS $75+
After hemp was legalized nationally, the CBD industry surged, but each state can set its own laws, which can create confusion around CBD products. Is CBD legal in Massachusetts?
Yes, but with some restrictions. While CBD oil in Massachusetts is legal, certain regulations apply, and Massachusetts CBD laws may differ from neighboring states.
Here's what you need to know about buying CBD oil in Massachusetts and where to get it.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Massachusetts?
Is full spectrum CBD legal in Massachusetts?
Are CBD gummies legal in Massachusetts?
Does Massachusetts have a CBD possession limit?
Can doctors prescribe CBD in Massachusetts?
Where to buy CBD in Massachusetts?
Can you buy CBD in Massachusetts at 18?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Massachusetts has yet to fully update its hemp laws to reflect the 2018 Farm Bill, relying on federal regulations that legalize CBD with less than 0.3% THC, while still prohibiting its use in food, beverages, and therapeutic claims, though future reforms may further align state laws with federal guidelines.
Here are the details:
Massachusetts is one of the few states that have yet to update all of their hemp laws to reflect changes enacted by the 2018 Farm Bill. The state has not filed a plan with the USDA for hemp agriculture within the state but seems to have no outright ban on CBD in general.
In other words, the state falls back on federal law, which technically approves of cannabidiol and other hemp constituents, provided they contain less than 0.3% THC and are derived from a legal source.
In that same light, the state released a statement clarifying that they also align with federal rulings by the FDA that prohibit the use of CBD in food and beverages. The state also does not allow hemp to be marketed as having any therapeutic or medicinal benefits. This statement is similar to the rules set in other CBD-limited states, like Georgia, Louisiana, Hawaii, and California.
For consumers, there may be little to worry about, but legal CBD may not be readily accessible across the state. There are no penalties outlined for the possession of legal CBD products that meet the requirements of the 2018 Farm Bill, but the hemp market in Massachusetts is limited by the state’s various restrictions on the types of products that can be sold.
In early 2020, the state released H4528, a reformed version of previous bills that attempted to iron out some of the state’s limitations. The bill is currently stalled, but sits favorably. If passed, it will align the state further with federal laws, but will also allow the use of CBD in cosmetics and products meant for human and animal consumption.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.
Massachusetts places several restrictions on the types of CBD products that can be sold within the state, but has no specific restrictions on products containing trace amounts of THC, up to 0.3%. That means that full-spectrum CBD food products may not be legal, but full spectrum CBD is legal in general.
Since CBD food items are technically banned by the state, consumers commonly ask if CBD gummies are legal in Massachusetts. There’s really no straightforward answer, but understand that the state's ban on CBD in food products generally applies to manufacturers and vendors.
The items remain accessible across the state and can be shipped to Massachusetts from online vendors. There are no penalties in place for consumers who possess industrial hemp products that align with the 2018 Farm Bill.
To date, the state of Massachusetts has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in the state, but are subject to a different set of laws and restrictions.
In Massachusetts, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Massachusetts, CBD products that meet state requirements can be sold by state-licensed vendors. These restrictions are similar to the CBD sales model found in other states, like Colorado and Kentucky, and they haven’t dampened CBD access in the state. You may find CBD in stores all over the state, including grocery markets and convenience stores.
Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in Massachusetts is not set statewide and varies by jurisdiction and seller. While some products, like CBD vaporizers or smokable hemp, may require buyers to be 21 due to tobacco regulations, many online CBD brands allow customers 18 or older to order and ship legal CBD oil to Massachusetts.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Massachusetts according to federal guidelines, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Comments will be approved before showing up.
