The information provided here is intended to address questions about the implementation of M.G.L. c. 94G, Section 12.
Guide FAQs: Sale of Hemp to Licensed Marijuana Establishments
Table of Contents
Can hemp products be sold to a marijuana establishment licensed by the CCC?
Yes. M.G.L. c. 94G, Section 12, was amended to allow hemp and hemp-derived products to be sold in marijuana establishments, subject to certain additional requirements. Changes to the Hemp Program policy were required to facilitate the implementation of the amendment.
MDAR has updated the 2021 Hemp Processor Policy and Policy Statement Regarding the Sale of Hemp-Derived Products in the Commonwealth, and now allows for the sale of hemp and hemp-derived products from a MDAR Licensee to a CCC Licensee. Individuals or entities not licensed with MDAR do not fall under this new amendment. For more information, please see the Guidance on Selling Hemp and Hemp-Derived Products to Marijuana Establishments.
What kinds of products can a MDAR Licensee sell to a marijuana establishment licensed by the CCC?
In addition to previously approved products allowed for sale in the Commonwealth, the 2021 Processor Policy allows for the following products to be sold by a MDAR Licensed Hemp Producer or Processor to a marijuana establishment licensed by the CCC, provided the hemp was produced or processed in accordance with M.G.L. c. 128, Sections 116 through 123 and rules issued by the USDA:
- Raw, unprocessed hemp, including flower
- Unfinished hemp-derived material
- Finished hemp products, including raw flower packaged, labeled and ready for sale
For more information on selling hemp products in a marijuana establishment licensed by the CCC please visit: https://masscannabiscontrol.com/wp-content/uploads/2021/05/Guidance-for-the-Retail-Sale-of-Hemp.pdf
Does a CCC Licensee need a license from MDAR to buy or sell hemp?
No. The MDAR Hemp Program has a Policy Statement regarding the sale of Hemp-Derived Products in the Commonwealth. A license from MDAR is not required for a CCC Licensee to purchase or sell hemp and hemp-derived products.
The CCC may have additional requirements for hemp and hemp-derived products to be purchased or sold by a CCC Licensee. All questions about CCC requirements should be directed to its attention.
Does a CCC Licensee need a license from MDAR to process hemp or manufacture hemp products?
Yes, but only if a CCC Licensee wants to manufacture hemp-derived products that will be packaged and labeled for sale as a hemp product. In that case, the CCC Licensee would need to obtain a Hemp Processor License from MDAR. Hemp and marijuana operations may not be co-located or use the same equipment.
An MDAR Hemp Processor License is not required for a CCC Licensee that wants to purchase hemp or hemp-derived products from a MDAR Hemp Licensee for use as an ingredient in a marijuana product. Any such product may not be marketed, labeled or sold as hemp.
Can Hemp Flower be sold as a Finished Product?
Yes. MDAR has lifted the restriction on the retail sale of hemp flower as a finished product provided the finished hemp flower is only sold to or by a CCC Licensee. The sale of flower as a finished product is still prohibited in any retail setting except for marijuana establishments and only to the extent allowed by the CCC.
What documentation is required when selling hemp to a CCC Licensee?
MDAR Licensees must keep records of the sale of any unprocessed or raw plant material, including flower, sold to a CCC Licensee. These records should include the MA Industrial Hemp Certificate(s) for any hemp sold and the amount sold (in lbs. weight.) These records must be made available to MDAR upon request.
Any unprocessed or raw plant material, including flower, sold to a CCC licensee must be accompanied by the following documentation provided by the Licensed Hemp Producer:
- MA Industrial Hemp Certificate(s)
- Amount sold (in lbs. weight)
Have there been any changes to the testing requirements for hemp?
No. Hemp produced in accordance with M.G.L. c. 128, Sections 116 through 123 and rules issued by the USDA is not subject to contaminant testing requirements from MDAR. Once a crop has been certified by MDAR to have Acceptable THC Levels, the hemp may be sold as-is unless the CCC or the CCC Licensee require anything additional.
Finished hemp products, including flower, must still be tested according to the Protocol for Sampling and Analysis of Finished Medical Marijuana Products and Marijuana-infused Products. These testing protocols are available at https://masscannabiscontrol.com/wp-content/uploads/2021/06/202105_Protocol_for_Sampling_Analysis.pdf.
Does the CCC have any additional requirements that I need to know about?
The CCC may have additional requirements for hemp and hemp-derived products to be purchased or sold by a CCC Licensee. Hemp Producers, Processors, and CCC Licensees should ensure that any hemp material or finished hemp products to be purchased or sold by CCC Licensees are compliance with all applicable requirements from both MDAR and the CCC. For more information, please visit: https://masscannabiscontrol.com/wp-content/uploads/2021/05/Guidance-for-the-Retail-Sale-of-Hemp.pdf