Massachusetts Executive Office Of Energy And Environmental Affairs – Department of Agriculture (MDAR) Releases Policy Statement Regarding the Sale of Hemp-Derived Products.

The Commonwealth of Massachusetts has cleared the way for Licensed Marijuana Retailers to sell hemp-derived (CBD) products and purchase bulk cannabinoids from MDAR licensed manufacturers.

On October 4, 2021, the Massachusetts Department of Agriculture (MDAR) released policy updates and guidance documents.

These new documents give guidance to Massachusetts’ licensed hemp growers, manufacturers, and cannabis retailers licensed by the MA Cannabis Control Commission (CCC) regarding the wholesale sale of hemp-derived products from MDAR licensed entities, to CCC licensed entities, and the retail sale of hemp-derived products by CCC licensed agents (MA marijuana retailers).

Some notable new additions on the policy statement (link to document here)

“MDAR does not require Marijuana Establishments to be licensed to sell consumer-ready hemp or hemp-derived products purchased from MDAR licensees or products that use hemp or hemp-derived products as an ingredient.”

Clarification on wholesale hemp-derived products that can be sold by an MDAR licensed mfg to a CCC licensed retailer.

  • Hemp-derived CBD products to a Person licensed by the CCC and in accordance with any guidance or regulation promulgated by the CCC as authorized by MGL c. 94G, Section 12.
  • Hemp-derived CBD extract or distillate to a Person licensed by the CCC and in accordance with any guidance or regulation promulgated by the CCC as authorized by MGL c. 94G, Section 12.

MDAR has included additional clarification regarding the sale of hemp and hemp-derived products to a marijuana establishment here.

Notable takeaways:

MDAR now allows for the sale of the following hemp and hemp-derived products from an MDAR Licensee to a CCC Licensee in addition to previously approved products allowed for sale in the Commonwealth in accordance with the 2021 Processor Policy:

  • Raw, unprocessed hemp, including flower
  • Unfinished hemp-derived material such as extracts and distillates
  • Finished hemp products, including raw flower packaged, labeled and ready for sale.

A couple of weird things to note here for CCC licensees.

CCC licensees can now manufacture and sell certain finished products containing CBD, BUT they may not be labeled or marketed as hemp. In order to do that, the CCC licensee must also obtain a MA Hemp Processor License. CCC licensed manufacturers should note that there is one caveat: “Licensed Hemp processing facilities may not be co-located with marijuana operations to ensure compliance with state and federal law.”

There are also several labeling and point of sale requirements for CCC licensed retailers to note. Please be sure to read the new Guidance for the Retail Sale of Hemp in full before proceeding.

With the separate facility caveat, we would like to note that High Purity Natural Products can manufacture private label and white label compliant CBD products for CCC licensed retailers.

If you need bulk cannabinoids, including CBN, or CBG, please allow us to get you a great quote.

Don’t hesitate to get in touch with us today for more information.

*Please note, this information should not be construed as legal advice, nor is it intended to be. Please refer to Commonwealth of Massachusetts laws, regulations, and guidance documents for complete information.