Is Delta 8 THC Legal in Massachusetts?

If you are looking to buy or sell Delta 8 in Massachusetts, you should know that it is legal. However, there are some caveats and regulations around the product. For example, any Delta 9 content must not exceed .3% of Delta-9 THC as measured on a dry weight basis.

That's enough to get high, though.  With some choosing the classic tried-and-true form of THC, Delta-9 THC, it's had many people wondering about Delta-9's cousin, Delta-8 THC.  So we went to the legal texts to learn whether Delta-8 is really legal in MA!

Yes, Delta 8 THC is legal in the State of Massachusetts.

In Massachusetts, Delta 8 is allowed. As a hemp isomer, delta-8 content meets the legal requirement of the US 2018 Farm Bill definition as a hemp-derived cannabinoid that is protected by federal law. However, some state legislators have had to redefine the meanings to hemp for their state, especially for participating in the federally sanctioned industrial hemp programs so states can produce this new agricultural commodity.

Across the nation, the metric for monitoring as prescribed in the Farm Bill has always been the delta-9 tetrahydrocannabinol concentration (Delta-9 THC) level, as measured on a dry weight basis. During the research of hemp, researchers have discovered that Delta-8 is a psychoactive cannabinoid just like Delta-9, however, federal rules only prohibit the delta-9 tetrahydrocannabinol level from the hemp plant.

Lawmakers have had the responsibility to take their stance on tetrahydrocannabinol in order to roll out the hemp plan for their state, as the definition for hemp has only recently become an exception to marijuana laws. Delta 8 legal questions have come up due to this psychoactive cannabinoid's ability to get users ``high" which is technically a legal hemp product, but concerning for some lawmakers.

Due to the low amounts of Delta-8 hemp-derived cannabinoid found when conducting a lab testing check, some states like Massachusetts have chosen not to concern themselves with modifying their state's hemp rule. So in effect, there is not a delta 8 THC possession limit in the state. Both the State of Massachusetts and the federal government only monitor the Delta-9 THC level, which is great for local residents that want to try a legal hemp product that can also get you high.

Current Massachusetts Delta-8 Legislation

Massachusetts has amended state law to read that "tetrahydrocannabinol", where addressed by the law, does not include THC derived from hemp. The House Bill 4001 by the Massachusetts Legislature helped to ensure that hemp-derived cannabinoids are not considered controlled substances along with redefining the state's stance on Tetrahydrocannabinols, which includes Delta-8 THC.

In the bill, it defines hemp products as the following:

“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.

The state is referencing the federally defined Delta-9 THC level of not exceeding .3% Delta-9 THC, as stated in the 2018 Farm Bill.

Additionally, Tetrahydrocannabinolis defined:

“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.

With this, hemp-derived Tetrahydrocannabinols no longer became considerations as Schedule I controlled substances, and with the statement of monitoring the Delta-9 THC levels as mandated on the federal-level, Delta-8 THC is unregulated.Therefore Delta-8-THC can be accessed and used in Massachusetts.

Massachusetts Industrial Hemp Act

The Massachusetts Department of Agricultural Resources has created an Industrial Hemp Program to regulate legal hemp cultivation to ensure it is only grown for commercial purposes. The Hemp Program also provides oversight pertaining to regulations involving industrial hemp production in the state.

List of controlled substances

The state’s legislation clarifies that THC found in hemp is not classified as a controlled substance. So, Delta-8-THC derived from hemp is protected and does not constitute a Schedule I Controlled Substance.

Buying and Shipping Delta 8 in Massachusetts

Since Delta 8 is a legal hemp product in the State of Massachusetts, residents can participate in the purchase of hemp with a shipping address located in the state. For both retail sale and commercial sale, Delta-8 THC is allowed in the State.

Border States to Massachusetts:

Vermont, New Hampshire, Rhode Island, Connecticut, and New York

Advocacy Groups in Massachusetts Supporting Delta 8 and Hemp Laws

Massachusettsans are continuously showing their support of Delta 8 and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in Massachusetts:

Massachusetts Cannabis Reform Coalition

Massachusetts Patient Advocacy Alliance

MassCBA

MassSense

News stories covering raids or busts on Delta 8 Products and stores in Massachusetts

2/1/2022

Can delta-8 THC provide some of the benefits of pot – with less paranoia and anxiety?

1/31/2022

Massachusetts: More Taxes Being Garnered from Marijuana than Alcohol

4/19/2021

Cannabis regulators seek pathway to help hemp farmers

12/14/2020

Massachusetts clears path for hemp-derived CBD ingestibles in MJ retail

12/9/2020

Legislature extends a lifeline to Massachusetts hemp farmers