State warns businesses against selling cannabis-infused food and drink products
Photo | Courtesy of Regenerative
Plants grow at Regenerative, an outdoor cannabis farm in Uxbridge.
Following what officials say has been an influx of sales of products containing THC and CBD, three state agencies have issued notices reminding businesses and local health boards the sale of these products remains illegal, unless they are a licensed cannabis dispensary.
The state’s Alcoholic Beverages Control Commission issued a bulletin on Thursday reminding license holders the sale of alcoholic or non-alcoholic beverages containing CBD and/or THC is forbidden, and that any products containing these substances should be removed from shelves immediately. The bulletin warns businesses any licensee found manufacturing, transporting, selling, or possession of food or beverages containing CBD or THC faces potential suspension or revocation of its license.
The notice cites a joint frequently asked question document issued by Massachusetts Department of Public Health and the Department of Agricultural Resources on Wednesday, which clarifies these products are illegal regardless of the source of the cannabinoids.
In 2018, the federal Farm Bill removed hemp from the federal Controlled Substances Act and deemed it an agricultural commodity that could be lawfully produced in the United States. However, as the joint FAQ document points out, the Farm Bill did not remove existing federal prohibitions on using THC or CBD in food or beverage products.
This warning does not apply to products manufactured under the jurisdiction of the Cannabis Control Commission, the state’s regulatory body which governs cannabis businesses in the state, according to the ABCC advisory and the joint FAQ document.
The 2018 Farm Bill’s legalization of hemp, defined as a cannabis plant containing less than 0.3% THC on a dry weight basis, has resulted in an explosion of beverage and edible products that are made with THC or CBD derived from legal hemp, according to an April article published in the National Law Review.
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