Is CBD oil legal in Massachusetts?
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- What is CBD?
- Why is CBD sometimes illegal?
- Massachusetts CBD laws
- Where to buy CBD in Massachusetts
- 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
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
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
Best CBD Oil in Massachusetts
Following New York, California, and Florida, Massachusetts is becoming one of the fastest-growing CBD markets in the country, with new stores popping up statewide every year. The Greater Boston Area seems to have the most options, but Natick, Franklin, East Bridgewater, and Georgetown are also great places to buy CBD (and for those in Southeast Massachusetts, Province and Warwick, Rhode Island, each have several CBD shops worth checking out.) See below for a complete rundown!
Our favorite CBD product can be purchased online for delivery to Massachusetts:
Is CBD Legal in Massachusetts?
Medical cannabis has been legal in Massachusetts since 2013, and the legality of it expanded again in 2016. Cannabis is now recreationally legal in the state as well. Dispensaries didn’t start open for recreational consumers until late 2018, but they simply paved the way for the industry to expand. As long as you are over the age of 21, you can legally use marijuana and, in turn, any marijuana-derived products. CBD that comes from the marijuana plant is legal for medicinal use with a prescription, and recreationally for those who are of age.
Hemp-derived CBD that contains less than .3% THC is not regulated by the state’s Cannabis Control Commission, and it instead falls under the Department of Agricultural Resources. The commercial growth and processing of industrial hemp have been expanding since 2018. In Massachusetts, hemp-derived CBD products are required to have clear labels detailing the cannabinoid profile and providing a disclaimer that waives the responsibility of the FDA and the DOAR. Otherwise, there is no regulation or restriction placed on CBD. CBD is legal for medicinal and recreational consumption in Massachusetts. Remember: marijuana-derived CBD containing THC is legal here! If you do not want the psychoactive effects of THC, pay close attention to the products you purchase.
Best CBD Oil in Greater Boston Area
Just south of I-93, Art of Vaping (250 Granite St, Braintree, MA 02184) has been open since 2010, offering a full line of high-grade CBD tinctures, edibles, e-liquids, and other hemp extract products. The friendly staff is always willing to answer customers’ questions about selection and help determine the best CBD option for you. Open seven days a week; Monday-Saturday 10AM-9PM, Sunday 11AM-6PM.
On the other side of town, Main Street Smoke Shop (7 Main St, Peabody, MA 01960) has a great selection, with e-pens, e-liquids, JUUL, Kratom, CBD oil, and CBD shots all in stock. The owners make sure to offer the best prices possible, and customer service is always a priority. Open seven days a week; Monday-Saturday 7AM-7PM, Sunday 8AM-2PM.
For anyone looking to buy quality CBD from a Boston-area clinic or dispensary, two shops in particular are worth checking out: New England Treatment Access (60 Washington St, Brookline, MA 02445) is conveniently located in the heart of Brookline, with great prices and a top-shelf selection; and Alternative Therapies Group (50 Grove St, Salem, MA 01970) is situated just below Mack Park in Salem, with rare CBD strains and expert service.
Best CBD Oil in Natick
Wicked Chronic (185 Worcester St, Natick, MA 01760) has all your CBD and CBD hemp oil needs covered, plus incense, vaporizers, accessories, and much more. Established in 2016, Wicked takes pride in one-on-one, personal customer service to help find the right CBD product for each individual. Prices are always fair, and reviewers note the shop’s laid-back, community-oriented atmosphere. Open Monday-Saturday, 11AM-8PM.
Best CBD Oil in Franklin
Franklin Smoke Shop (24 E Central St, Franklin, MA 02038) is right off Highway 140, near I-495. The storefront may look small, but don’t let that fool you: this shop carries an excellent variety of products, from high-grade CBD oils to edibles and accessories. The staff is highly knowledgeable and eager to assist customers. Hours are tough to beat. Open seven days a week, 9AM-9PM.
Best CBD Oil in East Bridgewater
Vape Solutions (687 N Bedford St, East Bridgewater, MA 02333) is a newly opened shop that carries everything you need: e-juices, e-liquids, mods, tanks, starter kits, batteries/chargers, coils, glass pipes and water pipes, drip tips, and premium CBD edibles. Open seven days a week.
Best CBD Oil in Georgetown
For Georgetown residents, Healthy Pharms (401 E Main St, Georgetown, MA 01833) is a 5-star-rated dispensary conveniently located just off I-95, offering a wide variety of holistic products, including artisanal strains like Indica and Sativa, and hybrid, balanced, and high-grade CBD. The expert staff will make sure customers find the best CBD for their needs, and, since it’s non-profit, you can be sure prices are never more than market value. Further, all products are cultivated onsite and independently lab tested for contaminants and quality assurance. Open seven days a week, 12 noon-7PM.
That wraps up our guide for where to buy cbd in Massachusetts.Best CBD Oil in Massachusetts Following New York, California, and Florida, Massachusetts is becoming one of the fastest-growing CBD markets in the country, with new stores popping up statewide ]]>