Massachusetts agencies have declared that intoxicating hemp-based products can not be sold outside of licensed dispensaries and have tasked local boards of health to enforce what they say is federal law.
On Wednesday, the Massachusetts Department of Public Health and Department of Agricultural Resources released a joint notice in order to address the recent influx of hemp-based products like gummies and drinks that contain the same active ingredient as cannabis products. The notice made explicit that the “addition of CBD and/or THC to food manufactured or sold in Massachusetts is illegal.”
This action by the two state agencies reflects what they have been saying about the legality of these products. Now, with the advisory, they have made the guidance explicit and have charged local boards of health to enforce it.
Following the notice, the Alcohol Beverage Control Commission warned its licensees that their licenses could be suspended or revoked if they are caught selling hemp-derived products.
“This is a big win for both the cannabis and the hemp industry, specifically those who are licensed by the CCC and MDAR,” said Ryan Dominguez, the head of the Massachusetts Cannabis Coalition. “This is a step in the right direction for us to be able to now enforce what was already on the books so there’s no kind of gray area.”
Intoxicating hemp products have been showing up in liquor stores, gas stations and smoke shops across the state because of a 2018 federal law that removed hemp from the definition of marijuana. There are many companies that have popped up to sell hemp products.
The hemp products, which are often marketed very similarly to cannabis products, are not regulated in the same way. Whereas cannabis products face strict regulations around testing, packaging, labeling, taxation and age restrictions, the hemp products have none of these requirements in Massachusetts.
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