The Truth About the Legality of Delta 8 in Massachusetts — Can You Buy It?

Delta 8 products are everywhere in Massachusetts, but are they legal? The Bay State didn’t quite embrace the legal changes on hemp after the 2018 Farm Bill. Massachusetts doesn’t allow the sale of hemp-derived CBD in food, which raises the question around the legality of other cannabinoids. 

Is Δ8-THC legal to buy in the Bay State? Let’s look at the current legal status of this cannabinoid in Massachusetts. 

Is Delta 8 THC Legal in Massachusetts? 

Delta 8 THC is in a gray legal area in Massachusetts. The Bay State hasn’t explicitly banned Δ8-THC, but it also hasn’t approved its use. 

What is Delta 8 THC? 

Delta 8 THC is a mildly intoxicating compound present in hemp in less than 1% of its total cannabinoid profile. While Δ8-THC  will get you high, it won’t get you as high as delta 9. This cannabinoid typically offers a smoother, lighter intoxication that’s less stimulative and comes with less anxiousness. 

Research shows that Δ8-THC has plenty to offer in regards to therapeutic benefits. This cannabinoid has an affinity towards the CB1 receptors in the brain. These receptors are known to cause the intoxicating effects of THC. Due to the differences in structure between delta 9 and delta 8, the latter is less potent and causes milder effects. 

Buying Delta 8 THC in Massachusetts

You can order delta 8 online in Massachusetts. The legal status of this compound remains murky in the Bay State, but no official ban has been issued. 

Crazy8s offers 100% pure and potent Δ8-THC distillate and cannabinoid blends. We believe in the power of full spectrum hemp and work with the best labs to craft powerful formulas. 

One of them is infused in our delta 8 THC gummies. These vegan-friendly gummies are a super delicious and discrete way to take your medicine on the go. They are available in three doses for each stage of your Δ8-THC tolerance journey. 

Our gummies are infused with pure Δ8-THC distillate, so if you’re accustomed to the effects of cannabinoids, try the 20mg option. The best time to consume these gummies is the evening, as they are the perfect pre-bedtime treat. Our gummies are tested by a certified lab and come with a Certificate of Analysis. 

If you want to experience the benefits of the “ensemble effect” and are a smoker, we recommend our delta 8 pre-rolls. The ensemble effect is only encountered in whole-plant hemp extracts because it comes to life through the synergy between cannabinoids and terpenes. So, if you’re dealing with pain, full spectrum products typically work better than isolates.

Is Delta 8 THC Legal in Massachusetts?

Delta 8 THC is in a gray legal area in Massachusetts. The state’s official website states that manufacturing delta 8 from hemp is illegal, but no official rulemaking has been proposed. 

The state’s official website states that most Δ8-THC is derived from hemp synthetically, making it illegal under federal law. Therefore, the state does not allow “hemp-derived delta 8 THC products to be processed or sold in Massachusetts.”

This reasoning is faulty for a few reasons, but mostly because dela 8 is not illegal federally. Aside from this statement, the Bay State hasn’t officially banned this substance or proposed rulemaking to regulate it. Therefore, Δ8-THC is in a gray legal area in Massachusetts but likely legal because this cannabinoid is not considered a controlled substance on a federal level. 

What Does the Future Hold?  

Massachusetts holds close to the FDA’s regulations when it comes to CBD in food products. The state didn’t create its own legal framework when the Farm Bill legalized hemp-derived products. 

In December 2020, Massachusetts allowed marijuana dispensaries to sell hemp-derived CBD in foods, drinks, and dietary supplements. Out-of-state products are not allowed. Another rule passed in 2021 allows Massachusetts’ hemp growers to sell smokable flower and hemp extracts to the state’s marijuana dispensaries. 

This doesn’t change the fact that regular CBD dispensaries are only allowed to sell non-food CBD products that don’t make medicinal and therapeutic claims. 

Is Delta 8 THC Legal Federally?

Delta 8’s legality is still in limbo on a federal level. 

Recently, there was a response to the long-awaited question around the synthetic nature of Δ8-THC. On September 15, 2021, the Drug Enforcement Administration (DEA) wrote a letter to the Alabama Board of Pharmacy explaining the control status of this cannabinoid under the Controlled Substances Act (CSA). 

In it, the DEA stated that “cannabinoids extracted from the cannabis plant that have a Δ9-THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of ‘hemp’ and thus are not controlled under the CSA.”

This means that when extracted naturally from the hemp plant and in products with less than 0.3% delta 9 THC, delta 8 is a legal substance. But, most products on the market are made from Δ8-THC synthesized from hemp-derived CBD. 

Regarding that, the DEA wrote in the letter that THC is a controlled substance when “synthetically produced from non-cannabis material.” Hemp-derived Δ8-THC is produced from CBD, which is a cannabis material. But, during the chemical synthesis, there are other non-cannabis compounds involved. 

This makes Δ8-THC a semi-synthetic compound made from a hemp-derived ingredient, which may give the DEA space to ban it. While it seems that a ban is unlikely to happen, that doesn’t change the fact that many states have banned the substance within their borders. 

It’s also important to mention that the FDA hasn’t approved the use of delta 8 in food products. In fact, it recently issued a warning to consumers about the numerous side-effects caused by consuming it. 

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.