Full Spectrum Products Containing THC: Are they legal in MA?

The Trifecta Plus series falls under the category of a hemp product, as defined by both state and federal regulations. According to the USDA Final Rule and the Agricultural Improvement Act of 2018, a hemp product must contain a concentration of 0.3% or less of “Total THC” (Delta-9-THC + THCA x 0.877). The Commonwealth of Massachusetts also adheres to this definition, as outlined in MGL Chapter 94G, Section 1. Our Trifecta Plus products are produced in full compliance with the Hemp Processor Policy published by the Massachusetts Department of Agricultural Resources, our regulating authority.

Understanding the THC Content

While our Oil Drops do contain THC, the amount is well within the permissible limits. The average dry weight of our product is 27.5g (excluding the bottle, dropper, and packaging). When you calculate 0.3% of 27.5g, the total permissible THC content is 82.5mg per bottle.

Our product contains 2.5mg of THC per 1ml dropper. Considering there are 30ml in a bottle, the total THC content is 75mg per bottle, which is under the 82.5mg limit (0.3%).

Selling the Product at a Massachusetts Retail Dispensary

Yes, you are permitted to sell the Trifecta Plus series at your Massachusetts Retail Dispensary. According to M.G.L. 94G, §12(f):

“No marijuana establishment shall cultivate, manufacture, sell or otherwise transact business with any products containing cannabinoids other than those that were produced, distributed and taxed in compliance with this chapter, or any hemp and hemp products cultivated and manufactured in compliance with a license from the department of agricultural resources pursuant to chapter 128 and is in compliance with regulations set forth by the United States Department of Agriculture.”

This is further supported by the Massachusetts Cannabis Control Commission’s “Guidance for the Retail Sale of Hemp,” published on 5/17/2021:

“At this time, Marijuana Retailers are permitted to purchase and sell consumer-ready hemp and hemp products (collectively Consumer-Ready Hemp Products) from MDAR licensed Processors. For a list of the Consumer-Ready Hemp Products that can or cannot be wholesaled, please visit MDAR’s FAQS: Sale of Hemp-Derived Products in the Commonwealth.”

The referenced document, “Sale of Hemp-Derived Products in the Commonwealth,” states:

“Non-food CBD products for human consumption that DO NOT make any medicinal/therapeutic claims on the label and are not marketed as a dietary supplement, unless the product has already been approved by the FDA.”

The Trifecta Plus series meets all the above legal and regulatory guidelines and laws.