Is Delta-8 THC Legal in Massachusetts?

By | last updated December 11, 2021

Evidence Based 4

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Delta 8  is legal in Massachusetts. That’s not surprising as both hemp and recreational cannabis are legal in the state.

Read on for a closer look at delta 8 legality in the Bay State.


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Massachusetts Delta-8 THC Laws

Hemp is legal in Massachusetts. The state passed Bill H4001 in 2019, which defines hemp products as:

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.

Massachusetts Bill H4001

Hemp-derived delta 8 products fall under this definition and are legal because the federally defined THC level only specifies that hemp must contain no more than 0.3% delta-9 THC.

Additionally, Massachusetts amended its laws in 2021 to allow hemp-derived products produced within the state to be sold at marijuana dispensaries.

That means you may also be able to find delta-8 products at licensed cannabis stores.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol is a form of THC, the intoxicating cannabis compound. It’s similar to delta-9, which is what people usually mean when talking about THC.

Delta 9 is the most abundant cannabinoid in cannabis, whereas delta 8 is only present in trace amounts. Although delta 8 is weaker than delta 9, it can still get you high, causing euphoria and other effects (1). 

Why Delta-8 THC is Federally Legal

Delta-8 is nationally legal thanks to a loophole in the 2018 Farm Bill. The bill legalized hemp-derived products as long as they contain no more than 0.3% delta-9 THC.

The bill didn’t place a limit on delta 8 THC because its natural levels in hemp are very low. But you can also manufacture delta 8 from hemp-derived CBD. Since it counts as a hemp product, it’s considered legal under the bill.

States Where Delta-8 THC is Illegal

Every state can make its own laws for delta-8 THC.

Delta-8 THC is currently illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Massachusetts

Delta-8 THC is legal in Massachusetts and likely to stay that way. 

The only possible change is that the state could add delta 8 to the definition of marijuana. If that happens, then you’ll only be able to buy delta 8 products from licensed cannabis retailers.

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