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Delta-8 and Hemp THC Laws in Massachusetts

How Massachusetts law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: The Massachusetts Department of Public Health states that hemp-derived delta-8 THC products may not be processed or sold in Massachusetts. Mass. Dept. of Public Health, 'CBD and THC in Food Manufactured or Sold in Massachusetts' (updated May 30, 2024); 105 CMR 500.000; 105 CMR 590.000

Delta-8 and hemp THC productsThe Massachusetts Department of Public Health states that hemp-derived delta-8 THC products may not be processed or sold in Massachusetts. Its guidance explains that the Department of Agricultural Resources (MDAR) Hemp Program considers delta-8 to be produced synthetically from hemp and does not allow these products. The same guidance says it is not legal to manufacture or sell food or drinks containing hemp-derived CBD or THC, and that only businesses licensed by the Cannabis Control Commission may sell beverages that include THC.
No statute on hemp-derived THC was read for this record; this field relies on the official state guidance.

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FAQ

Is delta-8 legal in Massachusetts?
The Massachusetts Department of Public Health states that hemp-derived delta-8 THC products may not be processed or sold in Massachusetts. Its guidance explains that the Department of Agricultural Resources (MDAR) Hemp Program considers delta-8 to be produced synthetically from hemp and does not allow these products. The same guidance says it is not legal to manufacture or sell food or drinks containing hemp-derived CBD or THC, and that only businesses licensed by the Cannabis Control Commission may sell beverages that include THC.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.