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Guidance on Tinctures

Guidance on Tinctures

6. What are the packaging requirements for tinctures?

Tinctures must be packaged according to the requirements in 935 CMR 500.105(6). Tinctures may be packaged to contain multiple servings; and each single serving of a tincture does not need to be marked, stamped or otherwise imprinted with a Commission-issued symbol. If tinctures are packaged to contain multiple servings, they must include the following statement on the exterior of the
package in a printed font that is no smaller than ten-point Times New Roman, Helvetica or Arial, including capitalization: “INCLUDES MULTIPLE SERVINGS.” See 935 CMR 500.105(6)(c)1.
An individual serving size in a package of tincture can be determined by the product manufacturer but can
never contain more than 5 milligrams (mg) of delta-nine-tetrahydrocannabinol (Δ9-THC). See CMR
500.105(6)(e). The Commission recommends packaging tinctures with a dropper that provides a
measured dose of up to the 5 mg, to comply with this requirement.
One bottle or container of tincture cannot contain more than 1000 milligrams (mg) of delta-ninetetrahydrocannabinol (Δ9-THC).

7. What is the limitation on sales of tinctures?

A tincture is considered a concentrate. Under the regulations, a marijuana retailer may not sell more than 1 ounce of marijuana (flower) or 5 grams of marijuana concentrate to an adult-use consumer per transaction. See 935 CMR 500.140(4) and 500.140(5)(c). Therefore, a marijuana retailer may not sell more than 5 grams of tincture to an adult-use consumer per transactions.
Only a duly licensed marijuana retailer may sell an adult-use marijuana-infused tincture to a consumer.

Questions? If you have additional questions, please contact the Commission at (617) 701-8400 or