Is the Buzzy Delta 8 THC Legal in Massachusetts

Delta 8 Massachusetts

If you live in Massachusetts, you have probably heard about delta 9 THC. But, because it gets you mildly intoxicated, you probably want to know whether it’s legal to buy in the Bay State. 

Is this cannabinoid legal in Massachusetts? Are there any rules regarding its sale and possession? Let’s take a look.

Last Update: May 15, 2024


  • The legal status of hemp-derived delta 8 THC in Massachusetts is complicated.
  • According to an official document issued by the state’s Department of Agriculture, synthetically derived delta 8 THC (from CBD) is not legal to buy. The same has been stated on the Massachusetts’ official government website.
  • Currently, there’s no official legislation that prohibits the sale and manufacture of delta 8 THC in this state.
  • You can order delta 8 THC products online if you live in Massachusetts.
  • The state legalized hemp and hemp-derived products under Bill H.4001. Hemp and hemp-derived THCs are excluded from the list of controlled substances.
  • Mr. Hemp Flower offers premium delta 8 THC products you can order online, including gummies, pre-rolls, flower, and edibles. We also offer them wholesale at the best prices.

Is Delta 8 THC Legal in Massachusetts? 

The legal status of delta 8 THC in Massachusetts is complicated. 

On one hand, there’s no official legislation that prohibits the sale and possession of hemp-derived delta 8 THC products. On the other, the state’s government claims that delta 8 THC synthetically derived from hemp is illegal in Massachusetts.

According to an official statement from the Massachusetts Department of Agricultural Resources, delta 8 THC is illegal if manufactured synthetically from hemp-derived CBD.

The claim is that under state law, synthetically derived THCs are excluded from the Controlled Substance Act. Massachusetts passed amendments that specified that “tetrahydrocannabinol” found in hemp is not considered to be THC that qualifies as a controlled substance. 

So, because no official legislation supports these statements, they might not be legally binding. However, the Department of Agriculture has jurisdiction over the production of these products, which puts them into a gray area.

Massachusetts updated its hemp legislation after the passage of the 2018 Farm Bill. Under Bill H.4001, the state legalized hemp material with less than 0.3% THC and all hemp extracts, derivatives, cannabinoids, isomers, salts, and salts of isomers.

The new Massachusetts hemp law excludes hemp from the definition of marijuana and the list of controlled substances.

The Bay State doesn’t have any possession limits for hemp products. Most retailers restrict selling D8 only to adults who are 21 years of age or older.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Massachusetts?

The best place to buy delta 8 THC is online. Mr. Hemp Flower ships directly to your Massachusetts home in discreet packaging. You don’t have to leave your house to buy the best D8 products at the best prices!

Why Mr. Hemp Flower? 

First, we carefully screen our products for quality and offer a Certificate of Analysis for each product. 

Second, Mr. Hemp Flower makes your health and wellbeing a priority. We’ve been here since 2016, providing top-shelf cannabinoid products. From CBD to delta 8, all our products come with a Certificate of Analysis, terpene reports, and pesticide reports. 

A Certificate of Analysis shows which cannabinoids the product contains. It also shows the percentage of each cannabinoid, which is very important in such an unregulated industry.

We make our own products using hemp material that contains less than 0.3% THC and is compliant with the 2018 Farm Bill. With us, you can always be sure you’re getting legal, tested delta 8 products. 

Delta 8 is likely legal in Massachusetts, so you can freely order a wide range of products online. Order from us today and you’ll receive your package before you know it! We offer top-shelf gummies, pre-rolls, soft gel capsules, and concentrates shipped in discreet packaging. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is an analog of delta 9 THC — the primary intoxicating cannabinoid in hemp. D8 is a rare hemp derivative with the same chemical structure as delta 9, with one minor difference — the placement of the double bond. 

Experts argue that the presence of a double bond is what causes THC’s intoxication. As the name implies, delta 8’s double bond is located on the 8th carbon chain, while delta 9’s is on the 9th.

This seemingly minor difference is thought to be the root of D8’s mild intoxicating properties. Research shows that D8 is roughly half as potent as delta 9 at the same dose. Anecdotal evidence shows that D8 gives the user a more clear-headed “high” without paranoia and anxiety.

Delta 8 THC and Federal Law 

The legal status of delta 8 THC on a federal level is a bit complicated. 

Most experts agree that delta 8, naturally occurring in the hemp plant, is legal under the 2018 Farm Bill. 

But, because D8 is present in the hemp plant in minuscule amounts, and its extraction is a financial burden on manufacturers, the D8 available on the market is being made from hemp-derived CBD. 

The process of creating a tetrahydrocannabinol from another hemp-derived compound like cannabidiol (CBD) is the reason for debate. Namely, federal law considers “synthetically derived” tetrahydrocannabinols illegal. What causes the division in the industry is whether converting CBD into D8 creates a “synthetically derived” THC. 

Despite the DEA’s efforts to clarify the situation by stating in its 2020 report that “all synthetically derived tetrahydrocannabinols remain Schedule I substances,” the term synthetic THC is still too broadly defined. 

Federal law only prohibits the possession and use of Delta-9 THC, but doesn’t say anything about D8. However, the wide definition of the term “synthetically derived” gives the DEA the space to consider D8 as such because it doesn’t come directly from the hemp plant. 

Most experts agree that the conversion of one naturally occurring hemp cannabinoid (in this case, CBD) into another (in this case, D8) doesn’t entirely fall under the process of making a “synthetic” chemical. This is because “synthetic THC” is entirely man-made without the involvement of cannabis plant material. 

Final Thoughts

Delta 8 THC derived from hemp CBD is in a legal gray area in Massachusetts.

There’s a statement put forward by the Massachusetts Department of Agricultural Resources, claiming that delta 8 that’s synthetically derived is illegal in this state. 

However, the Bay State hasn’t issued a ban on the use and possession of hemp-derived D8 products.

Delta 8 Massachusetts

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Yes, D8 appears to be legal to buy in the Bay State. You can find it in local shops and online stores. For now, Massachusetts hasn’t banned the use and possession of D8.

The best place to buy D8 in Massachusetts is online, from licensed shops that sell tested cannabinoid products, like Mr. Hemp Flower.   

Absolutely! Bay Staters can order a wide range of D8 products online safely and discreetly!

No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

Yes, D8 has proven to be a safe hemp-derived compound. It’s likely safer than Delta-9 because it gives a more mellow high without the anxiety and paranoia.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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