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Is CBD oil legal in Massachusetts?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Massachusetts CBD laws
  4. Where to buy CBD in Massachusetts
  5. How to read CBD labels and packaging

Adult-use and medical marijuana are legal in Massachusetts.

The 2018 Farm Bill made hemp cultivation federally legal, paving the way for the legalization of hemp-derived CBD products nationwide, although a gray area remains for cannabidiol (CBD) legality. The Massachusetts Department of Agricultural Resources and the Massachusetts Department of Health prohibit the sale of food or products containing hemp-derived CBD that makes therapeutic or medicinal claims. However, in June 2019, Bill H4001 was introduced in the Massachusetts House of Representatives but stalled in committee, in an effort to clear up confusion surrounding CBD legality in Massachusetts. The act reclassified ingestible CBD as a food product and allowed CBD oil in cosmetic and personal care products.

What is CBD?

Cannabidiol is one of the primary cannabinoids found in the cannabis plant, second only to THC. Unlike THC, CBD is non-intoxicating and offers potential therapeutic benefits, including anti-inflammatory, anti-anxiety, analgesic, and seizure-suppressing properties.

Why is CBD sometimes illegal?

Though hemp strains don’t produce enough THC to cause intoxication, all varieties of cannabis, including help, were considered federally illegal under the 1970 Federal Controlled Substances Act. Under that legislation, all cannabis fell under Schedule 1, which defines cannabis as a controlled substance with no accepted medical use, a high potential for abuse, and a likelihood for addiction.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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That changed with the passing of the 2018 Farm Bill, which legalized hemp cultivation and created a path to remove hemp from Schedule 1 by creating a legal distinction between hemp and marijuana. Under the legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight, while marijuana is cannabis that contains more than 0.3% THC. The bill effectively removed hemp-derived CBD’s status as a Schedule 1 substance. However, because marijuana retained its schedule classification, marijuana-derived CBD is still considered federally illegal. The 2018 Farm Bill made hemp an agricultural commodity and required it to be produced and sold under regulations that implement the bill, which have yet to be enacted by the United States Department of Agriculture (USDA).

The 2018 Farm Bill also retained the power of the Food and Drug Administration (FDA)to regulate CBD’s therapeutic claims, labeling, and its use as a food additive. The FDA maintains its stance that even hemp-derived CBD may not be used as an additive to food and beverages or marketed as a dietary supplement. The FDA also has yet to revise its rules or specifically regulate CBD products, which has led to confusion about CBD legality. The FDA has been particularly strict on CBD regulations when it comes to health claims that could be construed as medical advice.

Massachusetts CBD laws

Even though the 2018 Farm Bill legalized hemp-derived CBD, it also left room for states to independently regulate its production and sale. Massachusetts has strict rules surrounding hemp-derived CBD legality. Under current laws, CBD oil cannot be added to any food or beverage products. It also can’t be marketed as having any medical or therapeutic benefits unless the product has been evaluated and approved by the FDA.

To date, Massachusetts has not submitted a plan to regulate hemp within the state. The website for the Massachusetts Department of Agriculture (MDAR) clarifies that it is waiting for the USDA to issue guidance before it develops a state plan for regulating hemp.

Licensing requirements for CBD

Currently, anyone proposing to plant, grow, harvest, process, or sell industrial hemp in Massachusetts must apply for a license through the MDAR. Massachusetts tests all crops prior to harvest to ensure THC levels are less than 0.3%.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

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Under current laws, hemp-derived CBD is still banned and the sale of hemp-derived CBD products, including CBD oil, is prohibited. Massachusetts and federal regulators are still evaluating CBD from hemp to determine its safety for use as a food additive or supplement. However, it isn’t entirely clear if and how the state plans to enact these regulations or penalize retailers who continue to sell CBD products.

Massachusetts CBD possession limits

Because hemp-derived CBD and CBD oil are currently prohibited under Massachusetts law, there are no clear possession limits. However, under current Massachusetts cannabis laws, adults 21 years or older can possess up to 1 ounce of cannabis on their person and up to 10 ounces in their home, including CBD.

Where to buy CBD in Massachusetts

The sale of hemp-derived CBD products at retailers is currently prohibited in Massachusetts, although many retailers continue to make them available for purchase. Marijuana-derived CBD is for sale at state dispensaries. Purchasing from a retailer allows consumers to interact with the retailer and get any questions about the product answered prior to making a purchase.

But purchasing CBD products from a retailer isn’t the only option. Because hemp-derived CBD is now federally legal, consumers can also purchase CBD products online.

How to read CBD labels and packaging

Whether you’re purchasing CBD from an online retailer or a retail location in Massachusetts, you want to make sure you’re purchasing a reputable product, and that it follows current guidelines for labels and packaging.

Under current FDA regulations, CBD oil and other hemp-derived CBD products cannot make any therapeutic or medical claims on their labels.

The FDA does not currently allow CBD products to be labeled as dietary supplements, so the labels lack the kind of information required of regulated supplements. However, most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving
  • Supplement Fact panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • Full-spectrum, broad-spectrum, or isolate
  • Batch or date code

Is CBD oil legal in Massachusetts? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Massachusetts CBD laws

Massachusetts CBD Program

Updated on May 1, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

A component of marijuana known as cannabidiol (CBD) provides relief without a high. Because of this lack of impairment, many states categorize it differently than marijuana. Massachusetts has many regulations that give patients safe and legal access to CBD.

Massachusetts Cannabis Laws

Massachusetts considers recreational and medical cannabis legal. It also has hemp regulations that allow for certain kinds of CBD extracts. You may get CBD by following any of these laws.

Massachusetts medical marijuana laws require users to obtain a medicinal cannabis card. If you get a card, you can shop at medical dispensaries throughout the state. The CBD medications at these providers have higher amounts of tetrahydrocannabinol (CBD) than hemp medicine. But, they still have low enough levels to avoid the high. These higher concentrations simply make the medication more effective.

Adults over 21 can also find CBD medicine at recreational dispensaries. Many of the items bought at retail dispensaries have similar benefits to medical products. But, they don’t always cater to patients looking for non-psychoactive medication.

Anyone can buy CBD products from hemp and natural health stores. Massachusetts law considers any cannabis plant with less than 0.3 percent THC hemp. The state’s regulations explicitly allow the hemp industry to create CBD oil.

Conditions Treatable With Medical Marijuana – Massachusetts

We recommend joining the state medical marijuana program if possible. Having a card gives you more legal freedoms and lets you access high-quality care. You can become a registry member if you have:

  • Parkinson’s disease
  • Multiple sclerosis
  • Glaucoma
  • Cancer
  • Hepatitis C
  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn’s disease
  • Any other condition approved by a doctor

How to Get a Medical Marijuana Card in Massachusetts

Adults over 21 automatically qualify for recreational marijuana, and anybody can buy hemp-based CBD. If you want to purchase medical marijuana, you need to join the state program. Sign up by following these steps:

  1. Get a certification from a program-authorized doctor. You must visit a physician registered to recommend cannabis medicine. The doctor will enter your information into the state’s registry and give you a PIN to use in your application.
  2. Sign up online. Remember to submit the requested documents such as an ID and current photo. You will also need to pay a fee.
  3. Once you get approved, you can designate up to two caregivers to help you manage your medicine.

Hemp- vs. Marijuana-Derived CBD in Massachusetts

Thanks to the Massachusetts hemp industry, CBD products produced in-state have safe and legal formulas. But, CBD medicine obtained through the state program has more benefits for patients. Join by visiting an authorized physician today.

Learn about CBD laws in Massachusetts, conditions that can be treated by CBD, and how patients in Massachusetts can qualify to treat chronic ailments with CBD.