Delta 8 THC is a cannabinoid found in the hemp plant that has quickly expanded in popularity nationwide due to its promising applications in both the medical and recreational fields. While Delta 8 THC might feature familiar properties to Delta 9 THC, better known as the main chemical in marijuana, it does have generally less potency and a completely different effect on its users.
But is Delta 8 THC legal in Massachusetts?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Massachusetts
As of today (10/06/2020), Delta 8 THC is legal according to Massachusetts state law. Like the federal law, Massachusetts has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC, much like Delta 8 THC in New York has as well.
The laws follow:
“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
“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 the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.
“Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.
“Tetrahydrocannabinol” or “THC”, notwithstanding any other provision of the law, the THC that is found in hemp shall not be considered to be THC in qualifying as a controlled substance.
The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp, industrial hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.
(a). Hemp-derived cannabinoids, including CBD, are not considered controlled substances or adulterants.
(b) Products containing one or more hemp-derived cannabinoids, such as CBD, intended for ingestion are to be considered foods, not controlled substances or adulterated products.
(c) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under the State Hemp Program.
Cannabis Policy in Massachusetts
In 2016, Bay State voters approved Question 4, the historic ballot initiative that ended cannabis prohibition for adults over the age of 21, with legalization going into effect December 15th of 2016. With over 60 stores opened up by the Summer of 2020, the cannabis industry has reigned in more than $785 millions in sales, that being a generation of over an estimation of $150 million in tax revenue for the state.
Hemp is what we do. So much so we are Hemp Cup 2020 Champions!
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