CBD Oil In Massachusetts: Everything CBD, Legality, Shipping & More


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Massachusetts is a state of firsts. In 1621 the state had the very first Thanksgiving in Plymouth. Later in 1636, the first American university opened – Harvard at Cambridge. In 1775 the first battle of the American Revolution took place at Lexington and Concord. And although marijuana is now legal in the state, it wasn’t the first to make recreational marijuana legal, not doing so until 2016.

Consequently, CBD oil is legal in the state of Massachusetts. This article will review all CBD oil and related products’ legalities and cannabis and marijuana. Shipping and selected types of CBD products will also face inclusion, so sit tight and learn everything you want to know about cannabis in Massachusetts.

What Is CBD?

Cannabis Sativa plant was cultivated for various reasons, including CBD in both the plant’s hemp and marijuana varieties. CBD content varies depending on the strain it is harvested. A THC level is often present when CBD extraction occurs to form CBD oils, CBD extracts, or any other CBD products.

How is Hemp Different From Marijuana?

Both hemp and marijuana are used for the extraction of CBD. Hemp is not a controlled substance, at least federally, the same way as marijuana is. It is mainly because both the plants carry different levels of THC. The substance is psychoactive, and those who consume THC in significant quantities can get high.

While hemp does not usually have enough THC to induce a high, marijuana carries enough to produce this effect, and that is why the federal government considers marijuana a drug. On the contrary, since the passing of the 2018 United States Farm Bill, the federal government does not consider hemp to be a controlled substance with up to 0.3% THC.

While hemp and marijuana are both cannabis plants, they differ in appearance. Marijuana grows wide like a bush, while hemp stalks are reminiscent of bamboo and skinny and tall growth. Hemp also has relatively fewer flowers, while marijuana is lush with both flowers as well as foliage.

Does Hemp or Marijuana Have More CBD Oil?

The differences in marijuana and hemp also affect their CBD output. On the one hand is marijuana, a plant lush with flowers and leaves containing CBD. On the other side is a plant with fewer flowers. That alone would indicate that marijuana has a higher CBD output. Add to that the abundance of resin on marijuana compared to fewer deposits visible on hemp, and it’s not even a competition anymore. Marijuana yields more CBD than hemp.

So why don’t all manufacturers farm marijuana? Because hemp-derived CBD is not precisely like marijuana-derived CBD. The CBD that comes in larger volumes from marijuana also carries larger quantities of psychoactive THC. The federal government does not have a lovely view of THC. Therefore, only those producing CBD for less than 12 states (where recreational marijuana is legal) can extract it from marijuana. If CBD sourced from marijuana is sold in any other state. It has to be via a medical marijuana program, provided that the state even has one. It means that even though marijuana produces more CBD than hemp, the CBD that comes from marijuana has less than one-tenth of the market available to hemp-derived CBD.

Do hemp producers have to hang their hats on farming large quantities of the crop for smaller yields? Quite the opposite! With agricultural innovation going well into strain-breeding, new hemp strains are being produced where the CBD output is almost as high as marijuana. Still, the THC concentration is lower than 0.3% per dry weight. These strains are the crop of the CBD production future.

Why is CBD Sometimes Illegal In Different States?

Multiple factors contribute to CBD’s current legal status, which differs from state to state, starting with the chemical’s first impression with the FDA.

  1. CBD did not have a great first impression with the FDA. Initially, the FDA approved in a controlled capacity when a drug patent involving CBD was filed. Since CBD came from marijuana, often abused to get high, the FDA was not entirely keen on giving it a lenient treatment.
  2. Add to that, the fact that THC, the substance responsible for producing the high in marijuana use, was also present in CBD, the FDA gave a stringent controlled-substances approval for the drug. Only a restrictive range of uses was approved, and the door to alternative uses was no longer open.
  3. By now, it is evident that CBD was looked at by the FDA the same way it viewed marijuana. What hasn’t considered was the fact that not all levels CBD has equal levels of THC. It was corrected with the 2018 United States Farm Bill, where hemp was explicitly set apart from marijuana. With THC levels under or equal to 0.3% per dry weight, hemp would be federally legal, and the FDA would oversee the federal stance on how it was added to food, processed for consumption, or marketed.
  4. Additionally, states were approved to come to their conclusions regarding hemp and hemp-derived products. It is where the waters get muddy. Individual states legalized hemp and hemp-derived CBD. Others maintain a blanket ban on hemp-derived CBD with any amount of THC. All in all, it comes down to 50 states deriving their conclusions. A consensus is hard to achieve.

Is CBD Legal In Massachusetts?

The road to CBD and marijuana legalization in the state of Massachusetts began back in 2008. The Sensible Marijuana Policy Initiative was passed, according to Wikipedia. This legislation passed at the state level, decriminalized possession of less than one ounce. Instead of possible jail time, those found guilty would face a fine of up to $100 and no criminal record.

In November of 2012, the Massachusetts Medical Marijuana Initiative passed, and by early 2013 the law had taken effect. This law eliminated criminal and civil penalties for marijuana possession of a certain amount if the person who had cannabis has a medical marijuana card.

Then in 2016, laws were passed within the state legalizing marijuana for recreational adult use.

These steps towards legalizing cannabis to the extent seen today in Massachusetts have paved the way for CBD products. And the Federal Farm Bill of 2018 finished the process by effectively removing hemp from the federal list of controlled substances. 

Any cannabis plant that contains 0.3% THC by dry weight or less would be classified as industrial hemp and thus obtain legal status. 

Is CBD Derived From Cannabis Legal in Massachusetts?

CBD comes from both industrial hemp, as well as marijuana strains. Both hemp and marijuana are forms of cannabis.

Is Hemp-Derived CBD Legal in Massachusetts?

Hemp-derived CBD is legal in Massachusetts. However, hemp-derived edibles made with anything other than hulled hemp seed, hemp seed oil, or hemp seed protein are not yet allowed.

The legality of Different CBD Products

What is a CBD flower? CBD flower is a term often given to the flower of the Cannabis Sativa plant. Remarkably, this term is used for strains containing a high amount of cannabidiol.
Is CBD flower legal in Massachusetts? CBD flower is a term given to cannabis plant flowers with a high cannabinoid concentration, CBD. If the plant is of the industrial hemp variety, the flower is perfectly legal. Suppose the plant is of the marijuana variety. The flower is permitted to those holding a medical marijuana card or is over the age of 21.
Can CBD flowers be purchased online? Yes, CBD flower is available for online purchasing in the state of Massachusetts.
What are CBD terpenes? CBD terpenes are aromatic compounds found within the cannabis plant used to derive CBD oil.
Are CBD terpenes legal in Massachusetts? Terpenes are aromatic compounds found in many plants. Cannabis has an unusually high amount of these alleged healing compounds. As defined above, it comes from industrial hemp terpenes that are legal for all. If derived from marijuana, terpenes are available to adults over 21 or those holding a medical marijuana card.
Can CBD terpenes be purchased online? CBD terpenes can be purchased online in the state of Massachusetts.
What is CBD wax? CBD wax is a concentrated form of CBD oil, in a waxy, semi-solid form.
Is CBD wax legal in Massachusetts? CBD wax is a stable and concentrated form of CBD oil. If not intended for ingestion and derived from hemp, the CBD wax is legal in the state. If derived from marijuana, a medical card or age verification (over 21) is required.
Can CBD wax be purchased online? CBD wax is available online in Massachusetts.
What are CBD gummies? CBD gummies are gummies infused with cannabidiol
Are CBD gummies legal in Massachusetts? CBD gummies are not legal in Massachusetts despite their popularity. The only edible cannabis products legal in the state are those made with FDA approved hulled hemp seed, hemp oil, or hemp seed protein. CBD gummies made with CBD derived from marijuana are legal to adults over 21, and those who have a medical marijuana card.
Can CBD gummies be purchased online? CBD gummies are readily available online.
What are CBD creams? CBD creams and topicals are skincare products used externally, such as moisturizers or conditioners.
Are CBD creams legal in Massachusetts? CBD creams and topicals are legal in Massachusetts.
Can CBD creams be purchased online? One can purchase CBD creams online in Massachusetts.
What is CBD liquid? CBD liquid is a unique form of CBD oil intended for vapor inhalation (vaping).
Are CBD liquid, e-liquid, and vape legal in Massachusetts? CBD liquid and vapes are legal in the state if derived from marijuana (for adults over 21 or those holding a med card). They are technically not legal in Massachusetts unless made from one of the three hemp products cleared by the FDA for human consumption.
Can CBD liquid, e-liquid, and vape be purchased online? Yes, CBD vape, e-liquid, and CBD liquid are available online for customers in Massachusetts.
What is a CBD tincture? A CBD tincture is a concentrated solution made by soaking plant materials in alcohol or vinegar-based solutions.
Is CBD tincture legal in Massachusetts? Tinctures are concentrated solutions made by soaking plant materials in either alcohol or vinegar-based solutions. Both hemp and marijuana tinctures are legal in the state. However, the latter requires either a medical marijuana card or an adult over the age of 21.
Can CBD tincture be purchased online? CBD tinctures are readily available online in Massachusetts.
What is THC oil? THC or delta-9-tetrahydrocannabinol is a cannabinoid found in marijuana responsible for the elated feelings of ‘high’ felt by its users.
Is THC oil legal in Massachusetts? THC, or delta-9-tetrahydrocannabinol, is a cannabinoid found in cannabis with psychoactive properties. It is the cannabinoid responsible for making someone who uses cannabis feel ‘high.’ THC oil is legal in Massachusetts to adults over 21 or those holding a medical marijuana card.
Can THC oil be purchased online? While THC oil is legal, online retailers avoid shipping across state lines. Therefore, it is unlikely to find legitimate online sellers for the product.

Age Requirements For CBD in Massachusetts

Do You Have To Be 18 To Buy CBD Oil In Massachusetts?

With marijuana becoming legal in Massachusetts and carrying along with it an age restriction, one might think that CBD also carries an age restriction. Well, it does, and yet it does not. Are you confused? Well, that makes you and many others. Let’s clear things up.

CBD oil derived from hemp (<0.3% THC) is legal in Massachusetts with no age restrictions.

CBD oil derived from marijuana (>0.3% THC) is legal in the state of Massachusetts to either a) those over the age of 21, or b) those possessing a medical marijuana card.

How Old Do You Have To Be To Buy CBD Oil In Massachusetts?

For CBD oil derived from hemp, there are no age restrictions when purchasing. On the other hand, marijuana-sourced CBD requires the customer to be at least 21 years old to purchase. Even for minors with medical marijuana qualifications, an adult caregiver must make the purchase.

Do You Have To Be 18 To Use CBD Oil In Massachusetts?

18 is not exactly a relevant age, regardless of the kind of CBD one intends to use. For CBD oil derived from hemp, an individual of any age can legally use the product. But when the CBD comes from marijuana, one has to be at least 21 to use the product recreationally legally. On the other hand, the marijuana-derived CBD, given as medical treatment, has no age restrictions for qualified patients. As you can see, under no circumstances is the age of 18 relevant.

Can A Minor Use CBD In Massachusetts? How Old Do You Have To Be?

A minor may use CBD oil derived from hemp. Suppose a minor requires CBD oil derived from marijuana. In that case, a doctor will need to sign off on a medical marijuana card.

Do You Need A Prescription Or Medical Card For CBD Oil In Massachusetts?

A medical card is only required for CBD oil derived from marijuana if a person is under 21 in Massachusetts.

Can You Get CBD Oil Without Having A Medical Card In Massachusetts?

CBD derived from hemp can is obtainable without a medical card. The card’s cost is $50 plus the doctor’s office fees to sign off on the card application.

Can You Order CBD Oil Online Legally In Massachusetts?

CBD is legal to purchase online in the state. Both marijuana-derived and hemp-derived are obtainable, although age restrictions apply.

State CBD Possession Limits

In Massachusetts, adults over the age of 21 can possess one ounce of marijuana (or five grams of marijuana concentrate) outside their residence. There is a different upper-limit to possession inside one’s residence, where adults can possess up to ten ounces of marijuana.

MMJ Cards In Massachusetts

Medical Marijuana Card Requirements In Massachusetts

The state is relatively liberal with who qualifies for its medical marijuana program. The list of conditions named by the state are as follows:

  • ALS
  • HIV/AIDS
  • Parkinson’s disease
  • Hepatitis C
  • Cancer
  • Glaucoma
  • Multiple sclerosis
  • Crohn’s disease

It is because certifying physicians are given more room to decide whether their patients require medical marijuana. In other words, while many states require the list to be updated after receiving petitions and debating conditions, a strongly worded letter from the physician is enough for the state of Massachusetts to consider enrolling a patient into its medical marijuana program. Therefore, if a condition id debilitating but is not listed above, a patient can still request their physician to produce a certificate and apply for the medical marijuana card.

How To Apply To The MCP (Medical Cannabis Program)

The program is fast-tracked with an easy onboarding process. First, you must visit a certifying position. If the physician determines medical marijuana to be the right treatment fit, they will give you a pin with which to register online. You can register online at https://patient.massciportal.com/mmj-patient/login

How Long Does It Take To Get A Medical Marijuana Id Card In Massachusetts?

The process takes 1 to 2 weeks.

How Much Does It Cost To Apply For The MCP In Massachusetts?

There is no fee for the medical marijuana card. Requesting a replacement costs only $10. The only fee incurred would be from the physician’s visit.

Where To Buy CBD In Massachusetts

Where To Buy / How To Obtain <.3 THC In Massachusetts

With under 0.3% THC, CBD is sold at a variety of avenues, including smoke shops, health food stores, and supermarkets.

Where To Buy / How To Obtain >.3 THC In Massachusetts

CBD with higher than 0.3% levels of THC is sold at licensed marijuana dispensaries and cannabis-specialty stores.

Where Is CBD Sold In Massachusetts?

Massachusetts has no shortage of places one can find CBD products. On nearly every street, in every central town or city, one can find CBD products. CBD has made it’s way to every possible retail avenue available in the state, from corner stores to health food and even pharmacies.

Are There Any CBD Retailers In Massachusetts?

With recreational marijuana legal in the state, and years of hemp products also maintaining legal status, there is no shortage of specialty CBD shops. Large CBD chains such as Your CBD Store and others like Wicked Chronic reside across the state from Reading to Natick and many other towns and cities.

Where Can I Find CBD Water?

CBD water is a cannabidiol infused beverage made by adding CBD to water or sparkling water. The beverage is often also lightly flavored. And although some stores sell the product, technically, any CBD drink derived from hemp is illegal in Massachusetts.

There is a rather grey area to this, however. And that comes with legal recreational marijuana. As marijuana is legal for ingestion by adults over the age of 21, CBD beverages derived from marijuana are legal for legal age adults.

How can a CBD drink be illegal if from a ‘more legal’ industrial hemp instead of being legal for adults if from a previously controlled substance? It’s an odd situation, that is for sure.

Where Can I Buy Medical Grade CBD In Massachusetts?

Medical grade CBD is found in medical marijuana dispensaries across the state. Dispensaries like Revolutionary Clinics in Somerville offer various medical quality CBD edibles, oils, and topicals.

How To Read CBD Product Labels & Packaging

To distinguish legal CBD products from illegal ones and fakes, it is essential to understand legal CBD product labels and packaging’s critical components.

Expiry date – Quite evidently, a CBD product meant to be consumed by people will carry an expiry date. The expiry date also signals that the manufacturer is ethical and is not trying to extend his products’ shelf life by hiding which date they are best used before.

Product batch number – CBD manufacturers need to have the ability to tell apart batches. One batch can be better than the other. A particular batch may prove unsafe. To tell batches apart, legitimate CBD manufacturers have product batch numbers visible on the packaging or labels.

Lab testing certification – This must be prefaced by the fact that many fakers claim to be ‘lab-tested’ as well. To tell an actual lab-tested CBD product from a fake, look for a lab testing certification link. A digital copy of the testing certificate is attached to the product package or label via a printed URL or QR code, which you can scan.

Batch information link – This is a link to more information about the product so that you can make an educated decision as to the consumer.

A THC quantity statement – Depending on the state, the ability to tell whether the CBD is hemp-based or marijuana-derived can tell whether the product is legal or not. Look for the THC quantity statement, and check whether it is under or over 0.3%. Cross-reference this with your state laws before making a purchase. Remember that, even if THC over 0.3% is legal in your state, it is unlikely for an online retailer to sell it like a candy bar.

Hemp extract quantity – It is good to know the quantity of hemp extract in the product you are looking to buy. It will be listed in milligrams and legible if the product you plan to buy is from a reliable manufacturer.

How To Identify Quality CBD Oil

When a product is new to the market, many scammers try to finesse people out of cash with knock-offs. If you buy from a less-than-stellar producer, you may end up with a “CBD oil” with neither CBD nor oil. At worst, the purchase might leave you with an illegal substance in your possession. That is why the first step is to make sure the manufacturer is offering a legal product. Then, you check whether it has a good quality.

To check whether the product is legal or not, refer to your state’s laws regarding hemp and marijuana. Then check whether the product has FDA approval or not. The FDA approval signifies that the product is federally legal and fit for human consumption. If a product has gone through the FDA testing procedure, it is good enough to qualify for your shortlist. You will not find marijuana-derived CBD oils online with FDA approval. If you spot one, it’s a fake. However, for hemp-based oils with FDA approval, you should then check for reviews to ensure the product’s quality.

You should browse forums, Facebook, and Google for reviews of the product. You may be wondering why you shouldn’t just look at the reviews on the seller’s site. Because trusting positive reviews on someone’s site is like trusting a stranger who says, “I’m a good guy.” It might be accurate, but why take the risk? Look at reviews in places where they do not control the conversation. A large number of genuine negative reviews or fake positive reviews,] are both red flags.

Shipping, Mailing, & Travelling With CBD

With legalities in question regarding CBD, hemp, and marijuana, it is of no great surprise that one might be interested in shipping laws. Here are some of the more critical regulations and laws one should be aware of in Massachusetts.

Can You Mail CBD Products To Massachusetts?

CBD products are legal to mail to Massachusetts as long as they come from hemp containing 0.3% THC or less. The state Cannabis Control Commission regulates CBD products derived from marijuana.

Can You Ship CBD Products From Massachusetts?

Shipping CBD products from Massachusetts is legal as long as the products meet the criteria outlined in the Federal Farm Bill of 2018 as being derived from industrial hemp. Several carriers will transport legal hemp. These carriers include FedEx, Purolator, and also UPS, to name a few.

How Would You Ship CBD Oil, Cream, or Flowers?

Shipping CBD products, including oil, cream, or flowers within Massachusetts, is simple. Just follow federal regulations, and there should be no issues.

Can You Ship CBD Products Internationally? From Canada? To Canada?

Shipping CBD internationally from Massachusetts is legal as long as the CBD came from hemp. Although, that is only half the answer. The destination location must also allow CBD products legally speaking. Always check with the destination country and region’s laws before sending a potentially incriminating package.

Can You Travel With CBD Oil?

It is legal to travel from Massachusetts with hemp-derived CBD oil. It is also legal to travel to Massachusetts with the same. But this is only from the perspective of Massachusetts state’s laws. You have to consider the laws of the other end of your travels, be it a state within the USA or a country abroad. Besides making sure that the CBD is legal in the places you are traveling between, you should make sure your CBD package follows the plane’s liquids-on-board policies.

Is Marijuana Legal In Massachusetts?

As you have likely gleaned, Massachusetts has allowed recreational marijuana in the state for adults over 21.

Is Massachusetts Recreational?

Yes, marijuana is legal for recreational use in the state of Massachusetts, provided the user is over the age of 21.

Do You Have To Be 18 To Buy Marijuana In Massachusetts?

You have to be 21.

How Old Do You Have To Be To Buy Medical Marijuana?

You have to be a card-carrying patient over the age of 21, or your adult caregiver must purchase medical cannabis for you.

How Old Do You Have To Be To Use Marijuana In Massachusetts?

You have to be 21 to use it recreationally and be of any age if it is for medical treatment for which you have a medical marijuana card.

Can You Buy Edibles Online Legally In Massachusetts?

Edibles made using hemp seed protein, hulled hemp seed, or hemp seed oil are legal in the state and approved by the FDA for food products. CBD oil is still under investigation, so technically, CBD edibles are only legal for those with a medical marijuana card.

Is Hemp Legal In Massachusetts?

Hemp is legal in the state of Massachusetts.

What Are Massachusetts’s Hemp Laws?

Chapter 128, Sections 116 to 123, state laws governing growing hemp for commercial purposes in Massachusetts; this is Massachusetts’s hemp law. These laws give power to the Massachusetts Department of Agricultural Resources (MDAR) to oversee the growing, harvesting, processing, and retail sales of hemp and hemp products. All of these processes require licensing within the state. Currently, the MDAR is only licensing growing and processing hemp operations within the state.

Can You Buy Hemp Wraps At 18 In Massachusetts?

Yes, hemp wraps free of tobacco can be bought at the age of 18 in Massachusetts.

Producing, Growing, Selling Hemp & CBD Oil

Is It Legal To Grow Hemp In Massachusetts?

Hemp is legal to grow in the state if the MDAR licenses one.

How Much Is A Hemp Growing License In Massachusetts?

A license to grow hemp costs $100 to apply and another $300 for the license itself.

Can You Get Legal CBD Seeds In Massachusetts?

As stated above, CBD comes from cannabis. Cannabis seeds of the hemp variety are available in the state to licensed hemp growers. Marijuana seeds are available to licensed growers and adults over 21 years of age for personal recreational growth.

Is It Legal To Grow CBD Plants? What’s The Difference?

CBD is a cannabinoid found in the cannabis plant that includes both marijuana and industrial hemp strains. CBD comes from a variety of strains, both in the marijuana and hemp sides of cannabis.

As mentioned, hemp is legal to grow with a license from the MDAR. Marijuana is only legal to grow for licensed producers under the medical marijuana program and adults over the age of 21 for recreational use. The regulations on personal cannabis growing allow up to 6 plants in a home. And up to 12 plants for two or more adults within Massachusetts.

Do You Need A License To Sell Hemp In Massachusetts?

You need a license to grow, process, or sell hemp, but you do not require a special license for pre-processed hemp products.

Do You Need A License To Sell CBD Oil In Massachusetts?

As long as the CBD oil comes from hemp and prepackaged, you can sell the product without requiring a special permit or license.

Can You Sell CBD Oil Online?

Selling CBD oil is legal in the state of Massachusetts. If derived from hemp, no special licensing requirements exist to sell CBD products.

Disclaimer:  None of the information in this article should be construed as health or legal advice. We always recommend following the professional opinion of your physician or attorney and researching your own state’s laws for all of your purchases. Information current as of January 2021.

Sources:

https://www.mass.gov/info-details/marijuana-in-massachusetts-whats-legal

https://en.wikipedia.org/wiki/Cannabis_in_Massachusetts

https://en.wikipedia.org/wiki/Timeline_of_cannabis_laws_in_the_United_States

https://mass-cannabis-control.com/cnb-faqs/#toggle-id-1

https://www.mass.gov/info-details/faqs-sale-of-hemp-derived-products-in-the-commonwealth#does-a-retail-establishment-need-a-license-to-sell-hemp-derived-products-under-m.g.l.c.-128-sec-118?-

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