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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 drop

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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CBD oil drop

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%.

CBD oil bottle

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

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CBD oil bottle

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

Where to Buy CBD in Massachusetts in 2020

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The CBD industry is vast in the United States. As it continues to grow, more people are wondering how they can try CBD themselves.

If you live in Massachusetts, then congratulations — you’re in one of the best states for marijuana and CBD in the country.

Although local shops are selling it in the state’s major cities, i t’s usually most convenient to make your CBD purchases online.

But before you dive into the world of CBD, you must educate yourself about the local laws and regulations. There are a lot of scam artists out there who are trying to make a quick buck on the current popularity of CBD.

First, let’s take a look at the legal landscape of marijuana in Massachusetts.

Table of Contents
  • Buy CBD Oil in Massachusetts:
  • Is CBD Legal in Massachusetts?
  • How to Buy CBD in Massachusetts
    • Advice for Buying Quality CBD in Massachusetts
      • 1. Try to Find Full-Spectrum CBD.
      • 2. Don’t Trust Companies that Claim CBD Is a Miracle Drug.
      • 3. Always Purchase from Companies that Have Had Their Products Tested by an Outside Lab.
      • 4. Don’t Buy the Cheapest Product You Can Find.
    • How to Buy CBD in Massachusetts
      • 1. Online Shops
      • 2. Local Stores in Massachusetts
  • Is Marijuana Legal in Massachusetts?
    • Medical Marijuana
      • Eligible Debilitating Medical Conditions Include the Following:
    • Recreational Marijuana
  • Recommended CBD Retailers in Massachusetts
    • Boston
    • Worcester
    • Springfield
  • Final Notes on Buying CBD in Massachusetts

Buy CBD Oil in Massachusetts:

  • Royal CBD Oil— Best CBD Oil Overall
  • Gold Bee CBD Gummies— Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
  • Industrial Hemp Farms— Best CBD Flower
  • Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs

Is CBD Legal in Massachusetts?

Yes, CBD is legal to purchase and consume in Massachusetts.

However, there are two major types of CBD, and they are treated slightly differently under the law.

The first kind comes from flowering marijuana plants. This CBD contains a considerable amount of THC and will cause the “high” associated with marijuana.

Marijuana-derived CBD is still considered a Schedule I drug and is illegal under federal law. Although you likely won’t get into trouble for possessing this type of CBD in Massachusetts, it’s good to be aware that it is in a bit of a legal gray area.

The other kind of CBD comes from industrial hemp plants. This CBD has almost no traceable THC content and is legal to possess in every state.

Under the Agricultural Act of 2014, products made with industrial hemp are no longer considered marijuana under the Controlled Substances Act. Farmers are now able to legally grow industrial hemp to make fuel, food, clothing, paper, and extracts — including CBD.

How to Buy CBD in Massachusetts

Finding a reliable source of CBD in Massachusetts should be easy. If you have a medical marijuana certificate, swing by one of Massachusetts’ established medical marijuana dispensaries.

Although there are currently only a few recreational dispensaries open in Massachusetts, you should be able to find industrial hemp CBD in vape stores, head shops, and natural health outlets without too much trouble.

IMPORTANT: The current regulations around CBD are loose and quickly changing. Therefore, many products found online and in-store may be of low quality.

Don’t let these shady companies take advantage of you. Here are a few tips to get the best quality CBD products available on the market.

Advice for Buying Quality CBD in Massachusetts

1. Try to Find Full-Spectrum CBD.

Full-spectrum CBD is produced using the entire plant and, therefore, contains other valuable compounds in addition to CBD. If the CBD is produced using only bits and pieces of the plant, you could be missing out on the benefits of terpenes and flavonoids.

2. Don’t Trust Companies that Claim CBD Is a Miracle Drug.

People claim to have success with CBD for many symptoms, including pain, nausea, seizures, and inflammation. It won’t repair broken bones. Don’t trust a company that makes outlandish claims.

3. Always Purchase from Companies that Have Had Their Products Tested by an Outside Lab.

Third-party labs can ensure that the advertised CBD content matches what is actually inside the product. They can also test for dangerous chemicals or unnecessary solvents.

4. Don’t Buy the Cheapest Product You Can Find.

There is a good reason why CBD can be expensive. If it is made using high-quality plants, following the law, and using CO2 extraction, it won’t be cheap. Therefore, if you purchase the lowest-price CBD on the market, you’re asking for trouble.

Don’t be afraid to take your time when searching for a reliable CBD source. There are a lot of fakes out there who are trying to make an easy dollar off of uneducated customers.

How to Buy CBD in Massachusetts

1. Online Shops

The most convenient way to find high-quality CBD for a reasonable price is to buy it online.

Online suppliers offer the most variety so you can find the right CBD solution to your problem. CBD can be found in many different forms, including tinctures, creams, waxes, vape e-liquids, balms, and lotions.

The fastest way to compare all these different products is online. It saves you from running around from store to store, trying to find that perfect product you bought two months ago.

If you buy online, you always know where to go for your next batch. Usually, these online stores can get your products out to you within a few business days.

Most of all, you will save money by shopping online! Online retailers can offer you discount deals for buying in bulk or special offers on new products.

If you are someone who prefers to shop in person, however, then Massachusetts is one of the best places to be. As more recreational dispensaries get approved, you will be able to find reliable CBD products sold over the counter.

In the meantime, let’s look at a few places that can help you out with your CBD needs until then.

See if you can find your city on our list of local CBD suppliers in Massachusetts below!

2. Local Stores in Massachusetts

It may take some time before the supply of CBD in Massachusetts catches up to the demand. If you have a medical marijuana card, you should be able to find both marijuana- and industrial hemp-derived products at your approved dispensary.

If you are waiting for a recreational dispensary to open up near you, be aware that there are other options!

Your best chance of finding local CBD is by heading down to your local vape shop. If they don’t sell it over the counter, they should be able to point you in the direction of a local supplier.

Remember, industrial hemp CBD is federally legal in the United States and should, therefore, be widely available. Make sure you ask questions and do your research before committing to a local supplier.

Is Marijuana Legal in Massachusetts?

Massachusetts was the very first state in America to restrict the sale of marijuana. In 1911, Massachusetts made it illegal to sell “Indian hemp.”

However, despite being the first state to enforce marijuana restrictions, Massachusetts has now made marijuana legal for both medical and recreational purposes.

The Bay State is one of 10 states that have legalized marijuana for recreational purposes and one of 33 that have implemented medical programs.

How do I get medical marijuana in Massachusetts?

Medical Marijuana

The Government first introduced medical marijuana in Massachusetts on November 2013. The people had spoken.

Over 63% of voters approved question 3 (known as the Massachusetts Medical Marijuana Initiative), which opened the door to medical marijuana for Massachusetts residents.

Under the Massachusetts Medical Marijuana Initiative, you may be eligible for a certificate if you:

  1. Have a debilitating medical condition
  2. Are a current resident of Massachusets
  3. Are 18 years of age or older
  4. Can provide a doctor’s recommendation
Eligible Debilitating Medical Conditions Include the Following:
  1. AIDS / HIV
  2. ALS
  3. Cancer
  4. Crohn’s disease
  5. Glaucoma
  6. Hepatitis C
  7. Multiple sclerosis
  8. Parkinson’s disease
  9. Any other debilitating illness as determined by your doctor

To receive a doctor’s recommendation, you must be able to prove that you have a legitimate history with that particular doctor. This is to prevent people from playing the system to get a medical marijuana certificate.

You’re required to register with the Medical Use of Marijuana Program to get a medical marijuana ID. You must keep this ID card with you at all times whenever you’re in possession of marijuana.

There’s a $50 fee to register and receive your card.

Once you’re approved for a medical marijuana card, you’re able to purchase up to a 60-day supply (up to a maximum of 10 ounces) from a licensed dispensary.

However, your doctor may be able to recommend more than this limit if necessary.

As long as you have your medical marijuana ID on your person, you’re legally allowed to transport 10 ounces at any one time.

What are the laws regarding recreational marijuana in Massachusetts?

Recreational Marijuana

Massachusetts voters passed a ballot initiative in 2016 that legalized recreational marijuana use. Under these new laws, it became lawful to transport up to an ounce of marijuana or 5 grams of concentrate at any one time for people 21 years of age and older.

Additionally, you may have as much as 10 ounces at home.

However, even though it’s legal, marijuana can’t be consumed in public.

As a bonus, you are legally allowed to grow up to six marijuana plants at home and gift up to an ounce of marijuana to another adult.

The keyword here is “gift.”

You can still get into trouble for selling marijuana.

Currently, sales tax on marijuana varies between 17% and 20%. The first legal sales of recreational marijuana took place on November 2018, nearly two years after the original ballet vote.

On opening day, only two recreational marijuana dispensaries were operating in Massachusetts.

How does Massachusetts law treat CBD?

Recommended CBD Retailers in Massachusetts

Boston

  1. Patriot Care Boston
  2. The Holistic Center
  3. BLUEMOON SMOKE
  4. Boston Smoke Shop
  5. The Kush Groove

Worcester

  1. Canna Care Docs
  2. Cultivate
  3. GreenWay
  4. Vape Lounge
  5. Madvapes
  6. Owl Shop Of Worcester

Springfield

  1. Voltage Vape Shop
  2. Big Cloud Vape Shop
  3. GreenWay
  4. Hashbury Headshop
  5. Buckeye Bros

All of these stores should be able to point you toward a great source of CBD. The staff will be generally helpful and knowledgeable, but always make sure to double-check the companies behind over-the-counter CBD.

If you don’t see your city on our list, make sure you take a look online!

Final Notes on Buying CBD in Massachusetts

Although Massachusetts was the first state to ban the sale of marijuana back in 1911, it has seen the error of its ways. The Bay State its quickly becoming a leader when it comes to progressive and modern marijuana laws.

CBD is widely available for purchase in Massachusetts. Keep yourself up to date with the changing climate around CBD, and you will have no problem tracking down a reliable source for all your needs.

Once Massachusetts gets its recreational marijuana program steady on its feet, it will be easier to find a reliable source of CBD locally. For the moment, however, we recommend buying CBD online because it’s generally more convenient and cheaper than shopping in-store.

Trying to find a reliable source of CBD in Massachusetts? The Bay State is one of the best places in the United States for CBD.