Amendments to Massachusetts Cannabis Regulations Will Benefit Licensed Cannabis Businesses and Patients
By David Ullian, Tim Callahan
Nov 6, 2024
On October 30, 2024, the Massachusetts Cannabis Control Commission (the “Commission”) unanimously approved amendments to both the adult-use and medical-use cannabis regulations.
The amendments will significantly affect microbusinesses, home delivery licensees, product transportation, and medical patients. The Commission intends to file the amended regulations with the Secretary of the Commonwealth by November 8, 2024, with a proposed effective date of November 22, 2024.
Below is a high-level summary of the key provisions of the amended regulations related to Microbusinesses, Delivery and Courier Operators, and access to medical cannabis for patients.
Increasing Inventory Efficiency
The Commission’s amended regulations will remove certain requirements related to inventory tracking, allowing for more efficiency within the industry for all license types. Notable changes include:
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Allowing for electronic versions of manifests as opposed to only physical hard copies
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Permitting licensees to count products as a method of taking inventory rather than solely being restricted to weighing inventory
Microbusiness and Craft Marijuana Cooperative Licenses
The amended regulations will considerably change the Microbusiness license type and Craft Marijuana Cooperative license type, with notable provisions in the amended regulations related to these licenses, including the following:
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Microbusinesses licensees will now be eligible to apply for and hold additional licenses and license types. However, Cultivating Microbusinesses and Product Manufacturing Microbusinesses licenses would count towards the statutory caps for those respective license types, including cultivation canopy limitations
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Microbusinesses that are certified Social Equity Program participants or Economic Empowerment Applicants retain exclusive access to Delivery Endorsements
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Craft Marijuana Cooperative licensees may also apply for and operate different Marijuana Establishment licenses, subject to license limitations for a given license category.
Changes to Delivery
The Commission’s amended regulations will significantly expand operations for home delivery businesses and the transport of marijuana and marijuana products for Independent Testing Laboratories and Medical Marijuana Treatment Centers. These new changes include:
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Allowing Delivery Operators to repackage cannabis products
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Removing the requirement for two Registered Agents to staff delivery vehicles that contain product orders to patients and consumers with a total retail value of up to $5,000
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Modifying the requirement of wholesale delivery by Delivery Operators or Medical Marijuana Treatment Centers whereby delivery vehicles may be staffed with one Registered Agent in the vehicle when marijuana and marijuana products have a wholesale value of up to $5,000
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Expanding permissible delivery hours to between 7 a.m. and 11 p.m., while still giving authority to municipalities to further restrict delivery hours
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Allowing Independent Testing Labs and certain Marijuana Transporters the option of staffing vehicles with one Registered Agent in a vehicle at a time for the transport of testing samples when all products or samples in the vehicle have a wholesale value of up to $5,000
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Changing license limits to allow a Person or Entity Having Direct or Indirect Control to have up to three Delivery Operator licenses and up to three Courier licenses
Patient Access to Medical Cannabis
The Commission’s regulations will also lift certain restrictions on how qualifying patients can receive their medical cannabis certifications:
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Patients will be able to receive their initial certifications via a telehealth visit, essentially codifying prior Commission administrative orders issued during the COVID-19 pandemic
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Qualified nurse practitioners will be permitted to certify patients without a supervising physician
Looking Ahead
Apart from these amendments to the regulations, the Commission will be considering additional regulatory changes over the coming months. Upcoming events worth noting include:
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A public listening session on November 7, 2024 regarding independent testing laboratories
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A regulatory public meeting on December 5, 2024 to discuss reforms and new regulatory requirements for Social Consumption Establishments
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A review of the three-year equity exclusivity period for Delivery license types at the beginning of 2025
If you have any questions or would like to schedule a call with a Vicente team member to discuss the amended regulations and potential impacts on your business, please contact us at boston@vicentellp.com or 617-934-2121.