Delta-8 THC is not legal to sell in Massachusetts if it’s derived from hemp.
The state may have legalized marijuana, but the Department of Agricultural Resources sets the rules for hemp, and they have banned the sale of delta-8 THC products derived from hemp. While it’s possible that delta-8 THC products could be sold as part of the regulated marijuana industry, this doesn’t appear to be common and may no longer happen at all.
Here’s what you need to know about Massachusetts hemp law.
Is Delta-8 THC Legal to Sell in Massachusetts?
Hemp-derived delta-8 THC is not legal to sell in Massachusetts, after the Department of Agricultural Resources prohibited the cannabinoid.
Although Massachusetts law defines hemp in the same way as the 2018 Farm Bill, it gives the Massachusetts Department of Agricultural Resources (MDAR) authority to create rules and regulations. It also states that the MDAR can decide what “reasonable” commercial purposes hemp can be used for. The MDAR then released a set of rules and a policy statement, with the latter listing very few product types which are permitted for sale in the state (for example, hemp protein or seed oil).
In a specific statement regarding delta-8 THC, the MDAR states, “[The law cited above] specifically authorizes MDAR to determine the reasonable commercial uses for hemp. As a result, MDAR has prohibited the sale and manufacture of any hemp-derived delta-8 products within or in the Commonwealth.”
In short, while the core definition of hemp is the same in both Massachusetts and federal law, the state gives the MDAR the ultimate say in what’s allowed, and they have outlawed delta-8 THC in the hemp program. Marijuana is legal in the state, though, and it’s possible that delta-8 THC products derived from marijuana (or hemp) could be sold in the regulated marijuana industry, but this doesn’t appear to have happened yet.
RELATED: Where Is Delta-8 THC Legal? A State-by-State Map
Can You Buy Delta-8 THC Products in Massachusetts?
Hemp-derived delta-8 THC is not legal to sell in Massachusetts, and it doesn’t appear to be available to buy in the adult-use cannabis industry either. Many online hemp stores appear to ship to the state, though.
Delta-8 THC Alternatives
Marijuana is legal in Massachusetts, and this is the best alternative to delta-8 THC available. You can choose a milder strain or lower-dose edibles if you want to approximate the potency of delta-8 THC.
Are There Age Restrictions on Delta-8 THC Products?
If delta-8 THC was to be sold in Massachusetts, it would be through the regulated marijuana program and would be limited to adults aged 21 or over. Online stores may have their own policies, but generally limit sales to people aged over 18 or 21.
Can You Travel to Massachusetts With Delta-8?
Even though you can’t sell it in the state, you can travel to Massachusetts with delta-8 THC.
When a state legalizes marijuana, it still can’t be taken across state lines because it remains federally illegal. The reverse kind of happens with hemp – it remains legal at the federal level, so there are only problems with moving it across state lines if some hemp products are not legal to possess in one of the two states.
Massachusetts does not consider delta-8 THC to be hemp, so it is marijuana. However, it’s legal to possess up to one ounce of marijuana (or more in your home) for adults aged 21 or over. This means that you can possess delta-8 THC products in Massachusetts, so as long as this is also allowed in the state you travel from, there is no issue bringing it across state lines.
Closing Thoughts: The Future for Delta-8 THC in Massachusetts
Massachusetts has already banned hemp-derived delta-8 THC and legalized marijuana, so there probably won’t be any further action on this topic in the state. In the unlikely event that the 2023 Farm Bill explicitly or more clearly legalizes delta-8 THC, it’s possible that Massachusetts would also loosen restrictions. However, even in that case, it’s likely they’d still be able to keep the same restrictions if they chose to.