Massachusetts: Market and legal data of the cannabis sector

13th June 2024: US - Massachusetts: Legislation aimed at enforcement against intoxicating hemp-derived products will not be addressed until 2025, press reports. Although Massachusetts authorities have issued interpretations that products containing hemp-derived cannabinoids like delta-8 THC are illegal, they say that enforcement must be carried out by local health boards, which in turn say they do not have the resources to do so.
11th June 2024: US - Massachusetts: The Massachusetts Department of Public Health and Massachusetts Department of Agricultural Resources recently issued a notice to stakeholders that the addition of CBD or THC to food and beverages is illegal, citing the stance of the US Food and Drug Administration on these food additives. State authorities have historically deferred to federal law on this issue, so it may not represent a policy change. However, the notice could serve as a warning for upcoming enforcement action. Authorities note, though, that the notice does not affect edible cannabis products that are regulated by the state Cannabis Control Commission.
14th May 2024: US - Massachusetts: The Massachusetts Department of Agricultural Resources (MDAR) has issued a cease-and-desist letter to a hemp company demanding that it stop producing and distributing products containing tetrahydrocannabivarin (THCV), press reports. MDAR contends that THCV is being produced via a semi-synthetic process, which hemp licensees are prohibited from using.
27th October 2023: US - Federal: A group of Massachusetts cannabis companies have filed a lawsuit against the federal government claiming that federal law that prohibits cannabis is unconstitutional, press reports. The lawsuit, which was filed in federal court in the western division of Massachusetts, specifically claims that federal prohibition infringes on states’ rights by restraining state-regulated intrastate commerce. A similar argument was made in a 2005 case that reached the US Supreme Court (Gonzales vs Raich), where the court ruled 6-3 that the federal government has the authority to prohibit local cannabis cultivation and use – despite being legal under state law – because of its substantial effect on interstate commerce.
23rd May 2023: US - Massachusetts: The state Cannabis Control Commission has decided to abandon a pilot program for social consumption locations that were approved by voters as part of the 2016 ballot question legalising adult-use cannabis, describing it as unnecessary and burdensome. The commission will instead focus on developing comprehensive regulations and licensing frameworks for such facilities, press reports.
1st August 2022: US - Massachusetts: Lawmakers approved a reconciliation bill, Senate Bill (SB) 3096, just before the end of the legislative session and will now send the bill to the governor for final approval. The bill was reconciled from separate bills passed by each chamber and would amend the state's cannabis programme. SB 3096 would direct 15% of proceeds from the excise tax on recreational cannabis to a social equity fund, expand cannabis expungement access, allow for social consumption establishments upon issuing regulations, and limit the amount of fees that localities can charge cannabis businesses.
22nd February 2022: Massachusetts: The Massachusetts Department of Agricultural Resources has issued proposed regulations for hemp production and will hold a public hearing via Zoom about the proposed regulations on 2nd March.

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