Posts Tagged: Massachusetts Alcoholic Beverages Control Commission

A Different Kind of Bud: Cannabis in the Alcoholic Beverage Industry

Last week, on March 22, 2018, the Commonwealth of Massachusetts Alcoholic Beverages Control Commission issued an Advisory on cannabis in alcoholic beverages. Here is a copy of the  Cannabis in Alcohol Advisory. While retail sales of cannabis are expected to be lawful under Massachusetts law (while still an illegal schedule I drug under federal law), as of July 1, 2018, the Commission noted that “it will remain unlawful to manufacture and/or sell alcoholic beverages containing any cannabinoid extracts, including tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”), regardless of whether it is derived from the cannabis plant or industrial hemp.”

Specifically, the Commission noted that “Cannabinoid extract from the cannabis plant is considered a Schedule I drug by the Drug Enforcement Agency” and “[i]nfusing or otherwise adding cannabinoid extract in alcoholic beverages is considered adulteration of alcohol” under Massachusetts General Law chapter 270, chapter 1.  The Commission notes that in addition to being considered an adulteration of alcohol under Massachusetts law it would also likely be a violation of the federal Food and Drug Administration’s Federal Food, Drug and Cosmetic Act, as “A food shall be deemed to be adulterated . . . [i]f it bears or contains any poisonous or deleterious substance which may render it injurious to health . . . .” 21 U.S.C. § 342(a). (more…)

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I Wine, You Wine, We all Wine for Ice Cream . . . But Not in Massachusetts

Late last month, Massachusetts’s Alcoholic Beverages Control Commission issued an advisory entitled “Alcoholic Beverages Control Commission (“ABCC”) Advisory to § 18 Wholesalers/Importers and § 19 Manufacturers Regarding Alcohol-Infused Ice Cream.”  The Advisory notes that Massachusetts General Law chapter 138 prohibits the importation, manufacturing, and sale of ice cream that contains alcohol with one limited exception—“where the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) has classified in writing that a particular product is a ‘nonbeverage product.’”  The ABCC further noted that the TTB classification was “specific to each individual product a business manufactures, and not a business’s entire line of products.”  The advisory is available here.

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Will Mass. Pay to Play Scandal Affect Maine Brewers?

A ruling involving the business practices of a Massachusetts-based beer distributor may keep Maine-brewed beers out of bars, restaurants and other retailers for 90 days.

On Friday, the Massachusetts Alcoholic Beverages Control Commission suspended the Craft Brewers Guild’s license for 90 days for engaging in a scheme in which the company gave money to bars in greater Boston to serve specific beers. CBG distributes beers for a number of Maine craft brewers, including Allagash, Sebago Brewing, Gritty McDuff’s, Geary’s and Maine Beer Company.

Stories here (playing up the Maine aspect of the ruling) and here (more Boston-centric and discussing CBG’s business practices in depth). The decision should be here, however, as of the time we posted, the Alcoholic Beverages Control Commission had not yet made it available.

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