Food and Beverages Containing CBD or THC Remain Illegal

On May 29, 2024, the Massachusetts Department of Public Health and the Massachusetts Department of Agricultural Resources issued a notice regarding food and beverages containing hemp derived CBD or THC. The notice reminded retailers that it remains unlawful to manufacture and/or sell food or beverages containing hemp-derived CBD or THC. Department of Public Health regulations require that all food must be from approved sources that comply with federal, state, and local law and must not contain any prohibited ingredients. The Food and Drug Administration has concluded that federal law prohibits the addition of CBD and THC to food products because CBD and THC are active ingredients in FDA-approved drugs. Since CBD and THC are not approved ingredients, they may not be added to manufactured food and beverages.  

The Alcoholic Beverages Control Commission subsequently released a statement stating that this guidance also applies to alcoholic beverages containing THC or CBD. It does not apply to marijuana products manufactured under the jurisdiction of the Cannabis Control Commission. Applicable products must be taken off the shelf immediately. Any entity found possessing, selling, importing, or manufacturing such products may face state or local enforcement action, including revocation of licenses. 

The joint notice of DPH and DAR and the advisory from the ABCC may be viewed here.