In Massachusetts, hemp is excluded from the definition of marijuana. What does that mean for smokable hemp flower?
Can you legally buy hemp flower in Massachusetts? Let’s take a look at the current hemp laws in Massachusetts.
Last Update: August 10, 2023
Article Summary
- The retail sale of CBD hemp flower is prohibited in Massachusetts. Although hemp is a legal crop in this state, Massachusetts prohibits the retail sale of raw hemp flower to the end consumer.
- CBD flower is not permitted in retail shops in this state due to its resemblance to marijuana.
- CBD hemp products with less than 0.3% THC are legal in Massachusetts, with a few restrictions. CBD is not allowed to be added to food or sold as a dietary supplement.
- Marijuana is legal in Massachusetts for recreational and medical use.
Is Hemp Flower Legal in Massachusetts?
The legal status of CBD hemp flower with less than 0.3% THC is murky in Massachusetts.
Unfortunately, the situation with hemp flower in Massachusetts is complicated. The Commonwealth legalized hemp and any part of the hemp plant for commercial purposes, including hemp flower, but restricted the sales of certain hemp products.
The state allows the sale of hemp flower from a Massachusetts licensed grower to a Massachusetts licensed grower or processor only [1].
The state prohibits the sale of unprocessed or raw plant material, including flower that’s meant for end-use by a consumer. Only farmers are allowed to sell hemp flower directly to medical and recreational marijuana dispensaries [1].
Under Massachusetts law, hemp is:
“The plant of the genus Cannabis and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content [2].”
Massachusetts allows hemp and any part of that plant with less than 0.3% THC for commercial purposes.
However, a later statement from the Department of Agriculture declared that not all hemp products are legal to sell. Because marijuana for recreational purposes is permitted in this state, outlawing smokable flower doesn’t make sense to many.
Where to Buy Hemp Flower in Massachusetts?
Hemp is a legal plant that can be sent by mail. So, many people in Massachusetts buy their hemp flower online.
Massachusetts Hemp Flower for Sale
Get your hemp flower from Mr. Hemp Flower. We work directly with licensed farmers and manufacture our products from 100% USA grown hemp.
By ordering your hemp flower or other hemp smokables from Mr. Hemp Flower, you’ll get:
Organically-grown hemp flower with less than 0.3% THC.
Hemp tested by an independent, third-party lab.
High-CBD hemp grown in the best farms in Oregon, Washington State, and Colorado.
A quick delivery within 3-5 days after ordering.
Free shipping on all orders over $100.
We include notice to law enforcement and lab analysis report in all packages.
High-CBD Flower by Mr. Hemp Flower:
CBD flower with 0.3% THC, and over 16% CBD:
Hemp Flower by Licensed Growers
You will encounter a lot of uncertainty when looking for hemp flower online. Many vendors that sell hemp flower but don’t specify where they grow their hemp. So, it’s important to look for hemp grown by licensed USA farmers.
Our team at Mr. Hemp Flower works with licensed growers that have more than 5 years of experience. Our farmers have grown some fantastic strains in the past and know what it takes to cultivate high-quality hemp by all standards.
Organically-Grown Hemp Flower
Hemp flower is a miracle plant. The best way to use the benefits of this plant is to consume pure, organically-grown hemp flower cultivated in clean soil.
By ordering your hemp flower from Mr. Hemp Flower, you are getting 100% organic, non-GMO and pesticide-free hemp flower with rich terpene profile and high CBD levels.
Avoid Carrying Hemp Flower in Public
Although marijuana for recreational purposes is legal in Massachusetts, smoking in public is not allowed.
Also, smokable hemp has a complicated relationship with the law, so it is for the best to avoid carrying or using your hemp flower in public. Use hemp flower in the privacy of your home.
Hemp-Derived Products Approved for Sale in Massachusetts
Massachusetts issued a policy statement that identified which hemp-derived products are approved and which are prohibited for sale in the Commonwealth.
Approved hemp-derived products are [1]:
Hemp seed
Hemp seed oil
Hulled hemp
Hemp seed powder
Hemp protein
Clothing
Building material
Items made from hemp fiber
Flower/plant from a Massachusetts licensed Grower to a Massachusetts licensed Grower or Processor
These products can be wholesaled in Massachusetts and sold at retail without a license. It’s not allowed to market these safe hemp products by making therapeutic claims without FDA approval [3].
The cultivation, processing, and sale of hemp in Massachusetts are regulated according to federal and state law.
The state law assigned the Department of Agricultural Resources to regulate hemp-related activities within the Commonwealth. The Department is in charge of issuing licenses required to grow industrial hemp.
The Massachusetts law allows the following sale transactions:
Licensed Massachusetts Grower to Licensed Massachusetts Grower
Licensed Massachusetts Grower to Licensed Massachusetts Processor
Massachusetts Licensed Processor to Massachusetts retail facility (store)
Is CBD Legal in Massachusetts?
Yes, CBD derived from hemp is legal in Massachusetts.
However, the sale of certain CBD products is restricted in this state, including CBD food products [4].
While you may buy full spectrum CBD tinctures in Massachusetts, the sale of smokable hemp and CBD edibles is restricted.
The Massachusetts Department of Public Health, which is responsible for regulating food safety in the Commonwealth, prohibited the manufacture or sale of any food or other consumable products containing CBD.
Hemp CBD products not approved for sale are [1]:
All food containing CBD
Any product containing CBD derived from hemp that makes therapeutic/medicinal claims
Any product that contains hemp as a dietary supplement
Animal feed that contains any hemp products
Unprocessed or raw plant material, including the flower that is meant for end-use by a consumer
Marijuana is Legal in Massachusetts
Massachusetts legalized marijuana for recreational purposes in 2016. Massachusetts residents can carry and use an ounce of cannabis and grow up to 12 plants in their homes.
FAQs on Hemp Flower Massachusetts State Laws
How much hemp flower can you purchase at once (or one time) in Massachusetts?
Massachusetts didn’t put a limit on the quantity of hemp flower growers and producers can buy. Licensed individuals can buy as much hemp flower as they need in Massachusetts.
Do you need a special license to purchase hemp flower in Massachusetts?
Yes, you need a special license to purchase hemp flower in Massachusetts. The state only allows sale of hemp flower between licensed growers and processors.
Is it legal to sell hemp flower in Massachusetts?
If you hold a license as a grower or a processor, you are allowed to sell hemp flower to other licensed growers and processors. Otherwise, the state prohibited sale of hemp flower to the end consumer.
Is CBD from hemp legal in Massachusetts?
No, CBD from hemp is not legal in Massachusetts. The state is with the FDA on the legality of CBD and doesn’t allow sale of CBD in food products, as dietary supplements, or products that make therapeutic claims.
Where can you buy hemp flower in Massachusetts?
If you live in Massachusetts, you can order your hemp flower online. The state allows the sale of recreational cannabis but has a complicated relationship with hemp flower.
Is CBD oil legal in Massachusetts?
Hemp-derived CBD oil got banned in Massachusetts. The only hemp-derived oil allowed in this state is hemp seed oil.
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