ABCC ADVISORY CALLS FOR THE REMOVAL OF FOOD & BEVERAGES CONTAINING CBD AND THC FROM SALE
The Alcoholic Beverages Control Commission (ABCC) has issued an Advisory with the Joint Notice issued by the Massachusetts Department of Public Health (MDPH) and the Massachusetts Department of Agricultural Resources (MDAR) informing its licensees that it is unlawful to sell food and beverages containing cannabinoid extracts, including tetrahydrocannabinol (THC) and cannabidiol (CBD), regardless of whether it is derived from the cannabis plant or industrial hemp.
The Joint Notice was issued in response to an increase in food and beverages (including alcoholic and non-alcoholic beverages) that contain CBD and THC derived from hemp products. The ABCC’s Advisory reminds its licensees that it is illegal for any licensee to import, manufacture, transport, sell, or possess food or beverages that contain hemp-derived CBD and THC and that any licensee violating this prohibition may have its license suspended or revoked.
The ABCC Advisory ordered:
- Retailers licensed by the ABCC to immediately cease the sale of such food and beverages and remove them from shelves
- Wholesalers to take back all such products that were sold and/or delivered to retailers “at or before their next delivery to each establishment.”
The ABCC’s Advisory provides that its licensees may be subject to enforcement action by the ABCC if they import, manufacture, transport, sell, or possess any food products containing hemp-derived CBD and/or THC on their licensed premises in addition to any beverages.
The Joint Notice and Advisory each make clear that they only apply to hemp-derived CBD and THC products and are separate from marijuana products regulated by the Massachusetts Cannabis Control Commission.
