Massachusetts

Massachusetts operates one of the country’s most mature adult-use cannabis markets (established 2018 via ballot Question 4) but has never enacted a comprehensive framework for hemp-derived intoxicating cannabinoids. The regulatory gap has drawn attention throughout the 2025-2026 legislative session, with multiple proposals filed. HD.3303 by Rep. Comerford’s coalition would regulate hemp beverages through Chapter 138 (alcohol control), capping intoxicating cannabinoids at 5mg per container (or the marijuana-beverage cap set by CCC, whichever is greater), levying a $2.20/gallon excise tax, and treating manufacturers, wholesalers, and retailers similarly to alcohol licensees. H.168 would move regulatory authority for intoxicating hemp explicitly to the CCC. Neither has advanced to a floor vote. The vehicle that did pass, H.5350, focused on restructuring the CCC from a five-member to three-member body, doubling personal possession limits to two ounces, and raising the retail license cap from three to six per operator. It also directed the CCC to study intoxicating hemp and deliver recommendations to the legislature by December 15, 2026 — a deadline that falls one month after the federal Section 781 cliff. In the meantime, hemp-derived beverages continue to sell in Massachusetts through liquor stores, package stores, breweries, and general retail under federal Farm Bill authority. The regulatory whiplash for operators will likely arrive in early 2027 as the CCC report meets legislative response.