05/31/2024

FAQ: CBD and THC in Food Manufactured or Sold in Massachusetts

Frequently Asked Questions about

CBD and THC in Food Manufactured or Sold in Massachusetts from DPH

Click here for the Massachusetts Department of Public Health’s (MDPH) answers to some
frequently asked questions about whether it is allowable in Massachusetts to add
cannabidiol (CBD) or delta-9-tetrahydrocannabinol (THC) to food or to cosmetics. The
below FAQs do not apply to marijuana products regulated by the Massachusetts Cannabis
Control Commission.

In 2018, the federal Agricultural Improvement Act of 2018 (Farm Bill) removed hemp, (as
defined by the Farm Bill) from the federal Controlled Substances Act and deemed it an
agricultural commodity that could be lawfully produced in the United States. The Farm Bill,
however, did not remove the existing prohibition under the Federal Food, Drug and
Cosmetic Act of adding CBD or THC to food or beverages. This prohibition still exists
regardless of whether the CBD or THC is hemp derived as further discussed, below.

It is not legal to manufacture or sell food with CBD and/or THC in Massachusetts. These
FAQs concern MDPH’s regulations 105 CMR 500.00 and 105 CMR 590.00. They do not
apply to marijuana products regulated by the Massachusetts Cannabis Control
Commission.

FAQ