On December 11, 2020, Massachusetts General Laws (“M.G.L.”) Chapter 94G, which regulates the use and distribution of adult-use marijuana, was amended to expand opportunities for hemp and hemp-derived products in the Commonwealth.
The Massachusetts Department of Agricultural Resources (“MDAR”) Hemp Program is happy to share several important program updates relative to M.G.L. c. 94G, Section 12, including new guidance and policy updates for the sale of hemp and hemp-derived products from MDAR licensees to those licensed by the Cannabis Control Commission (“CCC”). All updates and documents are now available on MDAR’s Hemp Program website: https://www.mass.gov/industrial-hemp-program
More information about each guidance and policy issued, including direct links, has been included below for your convenience. Please read all guidance and policy updates carefully and reach out to MDAR’s Hemp Program with any questions. As a reminder, these changes only apply to MDAR’s Hemp Program and those licensed by MDAR. Any questions related to marijuana should be directed to the CCC.
New Guidance for the Sale of Hemp and Hemp-Derived Products to Marijuana Establishments
In order to allow for the sale of hemp and hemp-derived products to a marijuana establishment licensed by the CCC, MDAR has developed guidance for Massachusetts Licensed Hemp Producers and Processors who want to sell hemp and/or hemp derived products to a Marijuana Establishment in accordance with M.G.L. Chapter 94G Section 12. This Guidance explains new requirements for MDAR Licensees and introduces a list of hemp products that may now be sold to a CCC Licensee, subject to any further conditions that may be required by the CCC.
Please read the Guidance here: https://www.mass.gov/guidance/sale-of-hemp-and-hemp-derived-products-to-marijuana-establishments
Updated Hemp Processor Policy
The updated Hemp Processor Policy replaces the previous Processor Policy that was issued by MDAR on September 6, 2020. The policy updates include revising which products may be manufactured and sold to licensed marijuana establishments, new product labeling requirements, and general clarifications regarding the responsibilities and duties for Licensed Processors. Hemp and hemp-derived products may also be subject to further conditions set forth by the CCC.
The 2021 Processor Policy can be accessed online at: https://www.mass.gov/policy-statement/massachusetts-industrial-hemp-program-policy
Updated Retail Sale Policy
The updated Policy Statement Regarding the Sale of Hemp-Derived Products in the Commonwealth replaces the previous Policy issued by MDAR on June 12, 2019. The updates to this policy include authorizing MDAR Licensed Producers to sell unprocessed hemp, including flower, to a CCC licensee, and the sale of finished hemp products to a CCC licensee, including flower, subject to any conditions which the CCC may also require.
The Policy regarding the retail sale of hemp can be accessed online at: https://www.mass.gov/policy-statement/sale-of-hemp-derived-products-in-the-commonwealth
Frequently Asked Questions
We have updated the FAQ section of our website to address your question about the implementation of M.G.L. c. 94G, Section 12. The updated FAQs can be found here: https://www.mass.gov/guides/faqs-sale-of-hemp-to-licensed-marijuana-establishments