Massachusetts Cannabis Retailers Can Now Sell Hemp Products

Licensed cannabis retailers in Massachusetts can now sell most consumer-ready hemp-derived products following new guidance from the Cannabis Control Commission, JD Supra reports. Under the rules, the products must be displayed in a dedicated section of the store.

The state’s cannabis retailers can now sell hemp seeds, oils, powders, proteins, hemp-derived clothing, and items made from hemp fiber, hemp building materials, and non-food CBD products that do not make any health claims or marketed as a dietary supplement unless it has received approval from the U.S. Food and Drug Administration.

The retailers cannot sell any food product with CBD, including animal feed, unprocessed hemp flower, or any CBD products that make therapeutic claims or marketed as a dietary supplement, unless FDA-approved.

Medical cannabis dispensaries are not allowed to sell the products, the guidance clarifies.

The products must be obtained from a licensed Massachusetts hemp processor and all products must carry a label including the language:

“This product was produced, packaged, and labeled by a Massachusetts hemp processor licensed by the Massachusetts Department of Agricultural Resources (MDAR). It is not regulated by the Massachusetts Cannabis Control Commission and the product may not be consistent with the requirements of M.G.L. c. 94G or 935 CMR 500.000. Consumers that have questions or concerns about this product are encouraged to contact the manufacturer, MDAR, or the appropriate state or federal agencies.”

Retailers are not required to track the products through the state’s seed-to-sale system, but a record of sale should be maintained, the report says.

The MDAR has also published a Q&A site for retailers interested in selling the newly-approved products.