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Is CBD Legal in Massachusetts? CBD Laws in MA 2023

Is CBD Legal in Massachusetts? CBD Laws in MA 2023

The great state of Massachusetts is famed for more than being the home of the Boston Red Sox and esteemed universities. It’s also known for offering access to recreational marijuana to interested consumers.

If you’re unsure if that encompasses CBD products, you might be thinking — can I buy CBD in Massachusetts?

You can buy CBD through online retailers whether they’re based out of Massachusetts or somewhere else entirely.

The good news? Yes, you can purchase CBD in the Bay State.

CBD Laws in Massachusetts: What You Need to Know

In 2016, recreational marijuana became legal in Massachusetts, so consumers no longer needed a medical marijuana card to purchase it. Therefore, CBD was also legal to purchase before the 2018 Farm Bill was passed into law.

Here’s what you need to know about the CBD laws in Massachusetts:

  • Consumption – Consumers can purchase and use CBD products through licensed retailers. However, the Massachusetts Department of Health (MDH) does not allow vendors, such as coffee shops, grocery stores or other individual retail shops to add CBD or CBD oil to food or drinks. This is because the FDA prohibits the addition of CBD to food products. That said, retail shops are permitted to add hemp-based products, such as hemp seeds, hemp seed oil and hemp seed protein.
  • Production – Interested individuals can apply to become a licensed grower through the Massachusetts Department of Agricultural Resources (MDAR). In order to apply, they must complete the following steps: complete the application form, provide a map for each growing site, submit a $100 processing fee and review the Hemp Production Regulation (330 CMR 32.00), 2022 Hemp Processor Policy and the United States Department of Agriculture Final Rule for U.S. Domestic Hemp Production.
  • Testing – Before crops are ready for harvest, MDAR tests crops to ensure they include no more than 0.3% THC. MDAR uses the high-performance liquid chromatography (HPLC) method to test crops using the formula required by the Farm Bill, which is delta-9 THC + (THCa * 0.877).
  • Retail sale – Individual retailers interested in selling hemp-based products, such as hemp seeds, hemp seed oil, clothing or other items made of hemp fiber do not require a license. However, the state does require individuals interested in selling CBD products such as lotions, oils and other products to obtain a license from the Massachusetts Department of Agricultural Resources.
  • Travel – Although the Farm Bill made it legal to produce, harvest, manufacture and sell CBD with 0.3% THC or less throughout the country, it also allowed each state to independently regulate its production and sale. That said, some states have stricter CBD laws than others. If you plan to travel with any CBD products, we recommend checking that state’s CBD laws first.

Is CBD Legal in Massachusetts?

Yes, CBD is legal in Massachusetts. In 2012 it legalized medical cannabis through the Medical Use of Marijuana Program. Although it was not the first state to legalize recreational marijuana, it followed suit with other states in 2016 when voters elected to legalize it for recreational purposes.

Recreational use aside, hemp-based CBD products do have a few stipulations under state law. Although CBD containing 0.3% or less THC is legal in Massachusetts, there are a few products that are not approved by the state under section 117 of M.G.L. c. 128. They include:

  • CBD products used as dietary supplements
  • Hemp products used in animal feed
  • Raw plant material meant for use by a consumer
  • Food products containing CBD 
  • Products that make medical or therapeutic claims (unless already approved by the FDA)

Can I Buy CBD in Massachusetts?

Consumers interested in buying CBD products can legally do so in Massachusetts. There are plenty of licensed dispensaries throughout the state as well as a wide selection of online retailers.

That said, it is not legal to sell or purchase food or drink products that include CBD.

Can I Buy CBD Online?

You can buy CBD through online retailers whether they’re based out of Massachusetts or somewhere else entirely. The beauty of purchasing CBD products online is that you can choose from a wide variety of products that you may not find as easily in dispensaries. Some online retailers even offer CBD products for pets.

Another advantage of purchasing CBD-related items online is that most retailers (including Zebra CBD) offer a Label Accuracy Guarantee. This promises customers that third-party labs have tested a product and approved that what’s listed on the label is exactly what is included in the product — no more, no less.

Can I Buy CBD at a Dispensary?

Whether you’re visiting Massachusetts or you’re a bonafide citizen, you can purchase CBD at a dispensary in the state. Visiting a retailer in person is ideal for consumers who have questions about products they’re interested in trying.

People over the age of 21 can also opt to go to a recreational marijuana dispensary. In addition to selling marijuana, they sell CBD and marijuana CBD, which contains more THC and isn’t considered legal at the federal level, although it is legal within Massachusetts state boundaries.

Legal Status of CBD in Massachusetts

Individuals can legally purchase hemp-based CBD products in Massachusetts. There are no minimum age requirements for individuals buying CBD products, however those buying marijuana-derived CBD must be at least 21 years of age.

That said, it’s important to keep in mind that CBD laws in the state of Massachusetts are likely to change in the future as state and federal laws develop. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status has been revised since our content was published.


1. Is CBD legal in Massachusetts?

CBD is legal in Massachusetts if purchased by a licensed retailer.

2. How old do you have to be to buy CBD in Massachusetts?

There are no age limitations for purchasing CBD in Massachusetts unless individuals are looking to buy marijuana-based CBD products from a recreational marijuana dispensary. In that case, the legal age is 21.

3. Can I sell CBD products in Massachusetts?

Yes. People interested in selling CBD products need to obtain a license from the Massachusetts Department of Agricultural Resources (MDAR).

Source: CBD in Food Manufactured or Sold in Massachusetts. FAQs: Sale of Hemp-Derived Products in the Commonwealth. How will MDAR be able to tell if a grower is growing hemp or marijuana? 

Co-founder of Copycat Copywriters, Adam has written for dozens of CBD and cannabis companies on a wide array of topics, including regulations, economics, farming practices and biochemistry.

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