Mass. Cracks Down On Food And Drinks Infused With Hemp-Derived CBD, THC

Photo: James Rojas/WBZ NewsRadio

BOSTON (WBZ NewsRadio) — Retailers and restaurants in Massachusetts that sell products containing CBD and THC derived from hemp are being told to stop.

The Massachusetts Department of Health, in collaboration with the Department of Agricultural Resources, says the addition of hemp-derived CBD and/or THC to food made or sold in the Commonwealth is illegal.

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This is because the federal Agricultural Improvement Act of 2018 (Farm Bill) deemed hemp to be an agricultural product, so it does not fall under the jurisdiction of the state's Cannabis Control Commission.

The order to stop sales applies to bottled water and non-alcoholic beverages.

"The enforcement of the retail sale of these products is dependent on the product and where it is being sold," MassDPH says. "Local boards of health enforce the retail food code and can cite products that do not comply with applicable law during their routine inspections of retail food establishments."

MassDPH says the order does not apply to edible marijuana products licensed and sold under the Cannabis Control Commission's jurisdiction.

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