As of July 25, 2026, Delta-8 THC is illegal to sell at retail in Massachusetts. Delta-8 illegal: named synthetic-THC prohibition. Effective 2022-12-12. Controlling source: MDAR Statement Regarding Delta-8 THC.
Verified July 25, 2026 · confidence: confirmed'Total THC' ... means the total available THC as measured after decarboxylation or derived from the sum of the THC and THCa content using the following formula: delta-9 THC + (THCa * 0.877). ... Prohibited: Any synthetically derived THC including, but not limited to delta-8 THC, THCO, THC10, HHO, THC-o-acetate ... Unprocessed or raw plant material, including the flower ... except when sold to a Person licensed by the CCC.
Among Massachusetts's 5 neighbors, Connecticut, New Hampshire, New York, Rhode Island and Vermont are illegal, the same posture as Massachusetts.
Open the interactive map · Every compound in Massachusetts
Federal gray area. Delta-8 THC - federally contested: hemp by plain text per the 9th and 4th Circuits, Schedule I on DEA's synthetic-conversion theory; exclude Federal detail
5 instruments on file for this compound's framework in Massachusetts; 1 of 1 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
4f68be967b302722[MDAR Policy Statement, updated October 4, 2021:] [Raw plant material, including flower,] "meant for end use by a consumer remains prohibited in Massachusetts" [except when sold to a Cannabis Control Commission licensee for a marijuana establishment under CCC rules issued under M.G.L. c. 94G, ss. 4 and 12. Authority: M.G.L. c. 128, ss. 116 through 123; license requirement s. 118; approval of commercial uses s. 117(c).] [Bracketed spans summarized.]
660651baea516494M.G.L. c.128 SS116. As used in this section and sections 117 to section 123, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-- ''Hemp'', the plant of the genus cannabis and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content. ''Industrial hemp'', hemp that is used exclusively for industrial purposes including, but not limited to, the fiber and seed. ''Person'', a natural person, corporation, association, partnership or other legal entity. DPH/MDAR Joint Notice (5/29/2024), 'Hemp Derived CBD and THC Not Allowed in Food and Beverages Manufactured or Sold in Massachusetts pursuant to 105 CMR 500.00: Good Manufacturing Practices for Food and 105 CMR 590.00: Minimum Sanitation Standards for Food Establishments': It is not legal to manufacture or sell food with CBD and/or THC in Massachusetts. MDPH regulations require that all food must be from approved sources that comply with federal, state, and local laws and must not contain any prohibited ingredients. The FDA has concluded that the Federal Food, Drug and Cosmetic Act prohibits the addition of hemp-derived CBD and THC to food products because CBD and THC are active ingredients in FDA-approved drugs; since they are not approved ingredients under the Act, they may not be added to manufactured foods, including bottled water and non-alcoholic carbonated beverages (G.L. c.94 SS10A; 105 CMR 500.090 et seq.). This does not apply to marijuana products manufactured under the jurisdiction of the Cannabis Control Commission pursuant to G.L. c.94G. Full-spectrum, broad-spectrum, and whole-plant hemp extracts, because they contain CBD/THC, may not be added to food. Hulled hemp seeds, hemp seed protein, and hemp seed oil MAY be added to food (FDA GRAS-cleared). The MDAR Hemp Program does not allow hemp-derived delta-8 THC products to be processed or sold in Massachusetts because delta-8 THC in commercial quantities is synthetically derived and remains a controlled substance regardless of source. Cosmetic products containing hemp/CBD/THC are not currently subject to specific state prohibition beyond general adulteration/misbranding rules.
c427cb2f023ef880Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Characterizing flavor'', a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. ''Constituent'', any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product; provided, however, that ''constituent'' shall include a smoke constituent. ''Distinguishable'', perceivable by the sense of smell or taste. ''Flavored tobacco product'', any tobacco product that contains a constituent that has or produces a characterizing flavor. ''Manufacturer'', a person that manufactures or produces a tobacco product. ''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver. ''Retail establishment'', a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers. ''Retailer'', a person that operates a retail establishment. ''Smoke constituent'', any chemical or chemical compound in mainstream or sidestream tobacco smoke that transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. ''Tobacco product'', a product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that ''tobacco product'' shall also include any component, part or accessory of a tobacco product; and provided further, that ''tobacco product'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose. ''Tobacco product flavor enhancer'', any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. (b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption. No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein. (c) A person, retailer or manufacturer may make a sale of flavored tobacco products as it applies to electronic nicotine delivery systems by online, phone, or other means for delivery to a consumer located in another State. (d) Public statements, claims or indicia made or disseminated by a manufacturer or by any person authorized or permitted by the manufacturer to make or disseminate public statements, claims or indicia concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. (e) A person who violates this section shall be subject to the same fines established for violations of section 6. (f) Marijuana or marijuana products as defined in section 1 of chapter 94G shall not be subject to this section. (g) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement this section.
9a0f4c5c022d2a01Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Controlled substance", a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter. "Controlled substance analogue", (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that "controlled substance analogue" shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a "controlled substance analogue" shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue. "Marihuana", all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination. "Tetrahydrocannabinol", tetrahydrocannabinol or preparations containing tetrahydrocannabinol excluding marihuana except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marihuana exceeds two and one-half per cent.
0b75e2cb6eb5602aI. GENERAL INFORMATION A. Definitions As used in this Policy, the following words shall have the following meanings: Cannabidiol or CBD: One of the several compounds produced by cannabis plants that have medical effects. Cannabinoid: Any of several compounds produced by cannabis plants that have medical and psychotropic effects. This includes but is not limited to CBD and THC. Cannabinoid profile: The amounts expressed as the dry weight percentages, of delta-nine-tetrahydrocannabinol, Cannabidiol, tetrahydrocannabinolic acid and other Cannabinoids in a Hemp product. 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 a delta-9 tetrahydrocannabinol concentration of not more than 0.30 percent on a dry weight basis as defined by the Agricultural Improvement Act of 2018, Pub.L. 115-334, as amended. Hemp Extract: A product other than hemp itself, which contains or is derived from hemp. Hemp Extracts may be in dry, liquid, or semisolid form, and may be obtained through use of solvents or physical processes and may include "concentrates," "distillates," "isolates," "infusions," "juices," "oils," "resins," or "rosins" etc. Hemp Extracts of any type do not include synthesized cannabinoids such as delta-8 THC. Synthetic Cannabinoid: A substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring Hemp or other hemp-derived Cannabinoids. THC: Delta-9-tetrahydrocannabinol. THCa: Tetrahydrocannabinolic acid, which converts to THC when decarboxylated. Total THC: means the total available THC as measured after decarboxylation or derived from the sum of the THC and THCa content using the following formula: delta-9 THC + (THCa * 0.877). C. Prohibited Hemp Products in Massachusetts Pursuant to FDA, DPH, and as set forth in the Sale of Hemp-Derived Policy issued by MDAR on June 12, 2019, the following Hemp Products are prohibited in Massachusetts, regardless of where the product was Produced or Processed (i.e., includes products that do not originate from the Commonwealth): - Food containing CBD or THC derived from Hemp; - Any product containing CBD or THC derived from Hemp that makes therapeutic/medicinal claims; - Any product that contains Hemp as dietary supplement; - Animal feed that contains any Hemp products; - Unprocessed or raw plant material, including the flower, that is meant for end use by a consumer except when sold to a Person licensed by the CCC and in accordance with any guidance or regulation promulgated by the CCC as authorized by M.G.L. c. 94G, Section 12. - Products containing any THC, including all isomers of THC with a concentration that exceeds 0.3%, and not otherwise authorized by state or federal law. Any synthetically derived THC including, but not limited to delta-8 THC, THCO, THC10, HHO, THC-o-acetate, which are not included in the definition of Hemp under state or federal law. - Any ingredient MDAR determines would render the product injurious or hazardous to health.
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