Massachusetts Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Massachusetts. This guide covers current statutes, penalties, and restrictions for 7 different categories.

CBD products derived from hemp with less than 0.3% Delta-9 THC are legal in Massachusetts. The state follows the 2018 Farm Bill and regulates hemp-derived CBD under the Massachusetts Department of Agricultural Resources (MDAR) hemp program (940 CMR 21.00).

Possession

Individuals may possess hemp-derived CBD products containing less than 0.3% THC without restriction.

Sale

Sale of hemp-derived CBD products is legal if compliant with state and federal regulations; products must be tested and labeled according to MDAR rules.

Penalties

N/A

Age Restriction

None

Delta-8 THC

RESTRICTED

Massachusetts allows hemp-derived cannabinoids including Delta-8 THC under the state's cannabis laws, but the Massachusetts Cannabis Control Commission regulates all THC products. Delta-8 is legal if derived from hemp and complies with state THC limits, but sale is restricted to licensed cannabis retailers under M.G.L. c. 94G and 935 CMR 500.

Possession

Legal to possess hemp-derived Delta-8 products containing less than 0.3% Delta-9 THC.

Retail Sale

Sale restricted to licensed cannabis retailers; unlicensed sale is prohibited.

Penalties

Unlicensed sale can result in fines and criminal penalties under M.G.L. c. 94G.

Age Restriction

21+

Hemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Massachusetts under the 2018 Farm Bill. While Massachusetts has a long-established regulated cannabis market, recent legislative proposals (e.g., H.173) aim to further clarify the CCC's authority over all intoxicating ca...

Possession

Legal under 0.3% THC by dry weight

Retail Sale

Legal at retail and online

Penalties

Products exceeding 0.3% THC are treated as marijuana.

Age Restriction

21+ in most jurisdictions

Kratom

RESTRICTED

Kratom is legal in Massachusetts, with no specific state law banning or regulating it. There are no statutes explicitly controlling kratom under the Massachusetts Controlled Substances Act or other regulations.

Possession

Legal to possess without restriction.

Sale

Legal to sell and purchase without restriction.

Penalties

N/A

Age Restriction

None

Legal status of Psilocybin / Magic Mushrooms in Massachusetts has not yet been verified. In December 2025, lawmakers advanced a bill to legalize psilocybin for veterans, law enforcement, and qualifying patients.

Possession

Unverified

Distribution

Unverified

Penalties

Unverified

Age Restriction

Unverified

Recreational marijuana is legal for adults 21+ in Massachusetts. No significant legislative changes since 2023.

Personal Possession

Adults 21+ may possess up to 1 oz on their person and 10 oz at home. Home cultivation of up to 6 plants per person (12 per household) is allowed.

Retail Purchase

Legal through licensed dispensaries. Delivery is permitted. Social consumption establishments are allowed.

Penalties

Possessing over 1 oz outside the home is a civil offense ($100 fine). Over 2 oz can be a criminal offense. Providing to minors is a felony.

Age Restriction

21+

Salvia

RESTRICTED

Salvia divinorum is not a controlled substance in Massachusetts and is legal to possess, sell, and use. No significant legislative changes.

Possession

Legal. Salvia divinorum is not a controlled substance in Massachusetts. No restrictions on personal possession.

Sale

Legal to sell in retail stores and online in Massachusetts. No special licensing required.

Penalties

N/A

Age Restriction

None