Massachusetts has some of the weirdest CBD laws in the nation. The state’s officials were quick to legalize recreational marijuana, but they’ve taken a very different route with CBD, and they’re currently trying to reverse previous decisions that have led to a sub-par CBD industry in the state.

Let’s dive into some of the weirdest CBD laws in the nation.

State Laws

You’ve probably seen countless CBD products on store shelves if you live in Massachusetts, but that doesn’t mean they’re legal. Here are each of the laws that you need to know about.

Is CBD Legal?

This might surprise you, but hemp-derived CBD is not legal in Massachusetts. A lot of people think it was legalized in 2018 like it was in most other states, but state officials decided to follow the advice of the FDA.

However, marijuana-derived CBD is legal in Massachusetts. Now you know what we meant when we said that the laws were weird. Marijuana-derived products are considered adult products, though. So, you can’t buy them if you’re under the age of 21.

Why Can I Buy CBD If It’s Illegal?

You might be wondering why so many stores are selling hemp-derived CBD products when state officials have publicly announced that they’re illegal. In short, they’re doing it illegally. If a store is selling hemp-derived CBD to anyone, they are taking a major risk.

Luckily, law enforcement officers haven’t been messing with store owners over hemp-derived CBD. They don’t like the CBD laws, and most of the state’s officials don’t like them either. However, if they do start enforcing the law before a new law is passed, those stores can be fined, and the owners may face criminal charges. Hopefully, a new law will be passed before any of that happens.

Is Hemp Legal?

Hemp is legal in Massachusetts. Farmers were first allowed to cultivate hemp in 2014, and it became even easier for them to do so in 2018. If you want to grow it yourself, you need to get a license, though.

The hemp-derived CBD ban only affects CBD products. The actual plant is perfectly legal.

What About Marijuana-Derived CBD?

Marijuana-derived CBD products have been legal in Massachusetts for a few years, and you can get a lot of different CBD products that are made from marijuana plants. In fact, you can still legally purchase most of the CBD products that other states have. They’ll probably get you high, though.

You also have to be 21-years old before you can legally purchase marijuana-derived CBD products. So, that means that young athletes and young people who suffer from certain ailments can’t experience the benefits of CBD legally.

Can I Order Marijuana-Derived Products Online?

You cannot order marijuana-derived products online. Marijuana isn’t legal in most states, and you won’t find any legal marijuana retailers online. You have to buy products that were produced by the state’s recreational marijuana program.

Once hemp-derived CBD is legalized, you’ll be able to purchase hemp-derived CBD online. You can’t do that right now, though. While a lot of stores are selling hemp-derived CBD products, online stores that know the state’s laws will not ship to you.

Are CBD Food Items Legal?

Again, marijuana-derived CBD products are legal, but hemp-derived CBD products are not legal. So, you can find marijuana-derived CBD products, but you have to be an adult, and you have to be willing to get high.

Even when hemp-derived CBD is legalized, you probably won’t see a lot of hemp-derived food products in Massachusetts. The state’s officials have tried their best to follow the guidance of the FDA, and they might not be willing to make hemp-derived food products legal.

Can I Travel With CBD?

You can travel with marijuana-derived CBD. However, you have to follow the state’s marijuana laws when you do that. You cannot be high when you are operating your vehicle, and you have to be an adult.

You can technically travel around with hemp-derived CBD, but since it is illegal, you might get into quite a bit of trouble. Until hemp-derived CBD is legalized in Massachusetts, you should probably stay away from it.

Can Marijuana-Derived CBD Get Me High?

Unlike hemp-derived CBD, marijuana-derived CBD can get you high. Marijuana-derived CBD isn’t like normal marijuana, though. It’s designed to maximize the benefits of CBD. It just happens to have a lot of THC in it. If you’re a seasoned pot smoker, you probably won’t have a problem with marijuana-derived CBD. However, if you’ve never smoked weed before, you might not want to use a marijuana-derived CBD product before you do something. Pick a time when you can afford to sit around and experience a high. It might not happen, but it’s better to be safe than sorry.

When Will This Change?

If you want to use non-psychedelic CBD, this article probably disappointed you. However, you do have at least one reason to remain hopeful! The state’s officials have recently proposed a bill that will change all of the previous laws, and you’ll be able to buy hemp-derived CBD legally. The bill was just recently added to the state’s list of things to worry about, though. It might take a few more months for it to bring about any real changes.

Federal Laws

The federal government’s laws have affected the state of Massachusetts quite a bit. Let’s go over those laws, now.

Is CBD Legal?

CBD is not legal on the federal level due the FDA’s guidelines. The FDA requires CBD products to be tested as if they are a form of medication. Since the FDA has not tested or approved any products besides an epilepsy treatment, CBD is illegal on the federal level.

That is why Massachusetts didn’t immediately legalize hemp-derived CBD. The state already has very lenient recreational marijuana laws, but the state’s officials didn’t want to upset the FDA by legalizing hemp-derived CBD.

Can I Travel Between States With CBD?

You can travel between states with CBD. Obviously, you have to buy the CBD in a CBD-friendly state, though. You also have to avoid states that aren’t CBD-friendly while you travel around the country.

If you purchase marijuana-derived CBD in Massachusetts, you’ll want to leave it at home. Most of the other states haven’t legalized marijuana yet, and you will probably be arrested if you bring your marijuana-derived products with you to other states.

When Will This Change?

Massachusetts will legalize hemp-derived CBD within a matter of months, but the federal government will take much longer. The FDA is currently saying that it will take more than five years for CBD to be legal on the federal level. That might change since a lot of state-level officials are pressuring them, but five to six years is the current estimate.

How To Use It

Since hemp-derived CBD is technically illegal in Massachusetts, we’re going to talk about a few marijuana-derived products that you can buy. They’re pretty much the same products, but they have more THC in them. You can’t buy them unless you’re 21, though.


Marijuana-derived creams are unlikely to make you high. They will allow you to experience the benefits of CBD, and you won’t have to deal with being slumped over on a couch after you use them. So, if you don’t want to get high, you’ll want to purchase a cream.

These creams can help with joint pain and skin problems, but they don’t do anything else.

Marijuana Gummy Candies

Marijuana-derived CBD can be infused into gummy candies just like normal CBD. However, it will make you high. You also have to be careful. You can easily end up buying regular marijuana gummy candies, and those will definitely get you high. Of course, that’s not a problem if you’re okay with getting high. You might actually enjoy the non-CBD versions more.


This is the section where we would normally talk about pet products. However, pet products are illegal in Massachusetts. So, we’re going to talk about marijuana-derived CBD drinks.

Have you ever wanted to get high, drunk, and relaxed at the same time? Well, if you purchase an alcoholic drink infused with marijuana-derived CBD, you can do that.

You don’t have to buy an alcoholic drink, though. There are plenty of drinks that are non-alcoholic. They usually come in cans, and you can purchase them from licensed dispensaries.

These drinks will alter your mood. That’s pretty obvious since they contain tons of THC. They’ll also help you with minor pains, and they’ll make some symptoms of serious ailments more bearable.

Final Thoughts

Massachusetts is very CBD-friendly. It just isn’t a good place for people who want to use CBD without getting high. Luckily, a recent bill proposal will change all of that within the next few months. There aren’t any state officials who are against the bill. So, it should pass the legislative process fairly quickly, and you’ll be able to purchase all of the hemp-derived CBD products that other states are currently enjoying.