CBD Oil in Massachusetts: Is it Legal?

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

A Guide to CBD Oil in Massachusetts

  • The Massachusetts hemp-growing program is approved by the USDA.
  • Hemp is defined as having 0.3 percent THC or less.
  • Consumers can find CBD products at retailers everywhere across the state.
  • It is important to look for third-party lab results when purchasing CBD in Massachusetts.
  • It is illegal to import raw hemp into the state from another state for processing.

Is CBD Oil Legal in Massachusetts?

It seems that people are wondering what is going on with CBD in Massachusetts. You can find CBD products all over the state, and consumers are purchasing all types of hemp-derived CBD, but the question remains: Is CBD legal in Massachusetts?

The confusion appears to start at the federal level, where the Food and Drug Administration has stated that CBD is not approved as a supplement, food product or substance accompanied by medical claims.

You may be aware that the 2018 Farm Bill was a piece of legislation that took hemp and its derivatives off the list of controlled substances, but the FDA is still struggling to decide just how to regulate CBD, with no projected solution in sight.

Despite this assertion, CBD companies continue to flourish all over the United States, and the industry is expected to reach $20 billion or more by 2024. States are adopting their own laws to develop a hemp-growing program and protect consumers, but many cannot seem to agree on terms.

For now, CBD remains in a gray area while it waits for lawmakers to figure it out. Some people happily make their CBD purchases and freely take their CBD products wherever they go, while others look over their shoulders coming out of the shop and hide bags under their car’s passenger seat until they get home. We will do our best to help clarify the legal situation regarding CBD in Massachusetts.

Are There CBD Laws in Massachusetts?

After the 2018 Farm Bill passed, CBD products showed up everywhere, including in retail establishments all over Massachusetts. The state’s regulations are confusing, however, because they prohibit CBD from being included in food. It is not clear if that includes ingestible items like oils and gummies.

Enforcement is an issue in Massachusetts, and the state may simply be trying to figure out the best ways to protect consumers. Some lawmakers are working on new language for their legislation to clarify statements in their official documents, but this is not a top priority and it may be a long way off.

CBD in Massachusetts: Understanding Different Types of CBD Products


CBD oils are some of the purest products on the market, because they are the original form. Some companies get fancy with their oils and add additional ingredients, but 

Penguin CBD keeps things simple, using only CBD oil, MCT oil and the natural flavoring of your choice. If you prefer to add your CBD oil to food or beverages, our unflavored CBD oil is smooth and mild—perfect for your morning coffee or smoothie.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

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Starting at $45

CBD Capsules

Flexibility is important to almost everyone, and Penguin’s CBD capsules offer the perfect option for a busy lifestyle. These CBD capsules travel well, and they are easy to take when you’re on the go. You don’t even have to think about your dose—you can simply choose the number of 10mg CBD capsules you want to take, then get on with your day.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

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Starting at $45

CBD Gummies

When you want a tasty snack that includes the awesomeness of CBD, Penguin’s CBD gummies will hit the spot. They are bright and cheerful, contain 10mg of CBD isolate and are coated in sweet-and-sour sugar that is sure to wake up your tastebuds. These THC-free CBD gummies are a discreet way to get an afternoon pick-me-up, and they are a great way to wind down before bed.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

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Starting at $45

CBD Cream

CBD cream is a refreshing way to moisturize your skin. Give your skin some extra attention with lavender-and-peppermint-infused CBD cream from Penguin CBD. Once you try our luxurious cream, you will want to use it every day. The heavenly smell alone will keep you coming back again and again.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

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Starting at $55

Industrial Hemp in Massachusetts

Since the passage of the 2018 Farm Bill, most states have a hemp-growing program. The programs vary, however, according to which Farm Bill they were established under, and whether they have current approval from the USDA. 

The Massachusetts hemp-growing program is currently operating under approval from the USDA, and its regulations are clearly delineated. Hemp qualifies as cannabis that contains 0.3 percent THC or less.

Massachusetts Department of Agricultural Resources agents are responsible for overseeing growers and their crops; and because marijuana is legal in the state, growers are allowed to have crops of both kinds.

There are three types of licensing in the state. Growers must get a license to operate. Processors must also get a license. Those who are both growers and processors must obtain a special kind of licensing. Growers are encouraged to check with federal agencies before transporting raw materials across state lines, but processors may not process hemp grown outside of Massachusetts.

Though hemp regulations are closely enforced in Massachusetts, this is not necessarily the case in all states. Some states have regulations in place but struggle to enforce them, and some hemp farms operate under the radar of regulatory authorities in the state.

Therefore, some raw hemp may not be considered legal under federal guidelines, which is likely why Massachusetts prohibits imported hemp from being processed.

Can I Purchase CBD Online in Massachusetts?

Purchasing CBD

When you go to the gas station and see CBD oils at the cash register, this is likely not how you want to get your CBD. Most retailers that sell CBD as an afterthought also treat the product as such, without researching what they pass on to their customers. CBD specialty shops in Massachusetts are a better choice if you want to buy your products in a brick-and-mortar shop.

Making your purchases online, however, is the most convenient choice because you can research your products thoroughly before you buy.

Many stores do not have important documentation regarding the quality of the CBD companies they carry readily available, but the website of any reputable company will offer third-party test results for all their products.

CBD Oil in Massachusetts

Wholesalers for CBD in Massachusetts must acquire a license, but that is where consumer protections end. Direct-to-consumer retailers do not need any special licensing to sell CBD, which means products can slip through the cracks.

Because of inconsistencies in regulation, companies that take advantage of consumer enthusiasm are rampant. They mislabel their packaging and fail to invest in third-party lab testing, meaning they turn out products that may be ineffective or even riddled with pesticides or fertilizer residue. This is why it is crucial to do your research before you buy.


Penguin CBD’s products will never contain chemical residue or heavy metals because all of the hemp we use for our CBD comes from all-natural U.S. farms. We are concerned about your safety and want you to be comfortable with your CBD choices when you visit our website.

We believe in CBD, which is why we make sure all our products are the highest quality on the market. You should be able to depend on your products to be trustworthy, and we provide third-party lab results for every product we carry, to give you the peace of mind you deserve.

Final Thoughts About CBD Oil in Massachusetts

CBD is everywhere these days, despite the confusion over its legality. The products sit in a gray legal area, mostly due to a lack of clear regulation or enforcement by federal and state governments. 

Massachusetts is a state that has embraced the hemp industry, and CBD is a market that residents want to see blossom. Yet some of the Bay State’s legislation makes it unclear which products are legal and which are not.

Additionally, consumer protections seem to stop right where the consumer comes into the picture, with licensing required all the way up to (but not including) direct-to-consumer retail.

Massachusetts prohibits importing raw hemp for processing, but importing CBD that has already been made is fine. Unfortunately, because of this, it is still possible for companies to scam consumers, providing subpar or possibly dangerous products.

To avoid the confusion and make your purchases with confidence, visit the Penguin CBD website and find out why we are the No. 1 pick for the premier cannabis publication Merry Jane.