Massachusetts Regulator Issues Guidance on Tinctures: Not Edibles

The Massachusetts Cannabis Control Commission has issued guidance regarding tinctures. The Commission believes that tinctures are concentrates but not edibles. The Commission distinguished the method of ingesting tinctures, by dropper or measuring spoon, as compared to an edible that is consumed by eating or drinking. The Commission also indicated that edibles generally “appear and taste like commonly prepared foods.” The distinction between an edible and a tincture provided in the guidance is not as clear as it appears. For example, how would a cannabis-infused olive oil be treated under this guidance? Olive oil seems to fit in both categories as it is a cannabis-infused oil that can be ingested using a dropper or measuring spoon. Would the olive oil be considered an edible if it is used on pasta?

The classification of concentrate versus edible matters due to the compliance requirements associated with each product. For example, edibles are subject to dosing limitations. Reclassifying products into tinctures would allow firms to avoid this restriction. Based on strategic goals, firms should consider this guidance when developing new products.