Massachusetts Cannabis Control Commission Proposes Draft Amended Regulations: Public Comment Period Now Open

By David M. Ullian, Tim Callahan

Sep 19, 2024

On September 12, 2024, the Massachusetts Cannabis Control Commission (the “Commission”) published draft amendments to both their adult-use and medical-use cannabis regulations. The proposed amendments, if approved by the Commission in their current form, would result in significant changes impacting the regulated cannabis industry in the Commonwealth, particularly for microbusinesses, home delivery licensees, product transportation, and medical patients.

The Commission is accepting public comments on these draft regulations through October 7, 2024.

Now is the time to make your voices heard! If you would like assistance in preparing an impactful comment, please contact our Boston team at boston@vicentellp.com.

Below is a high-level summary of the key provisions of the draft amended regulations related to Microbusinesses, Delivery and Courier Operators, and access to medical cannabis for patients.

Product Transport Efficiency for All Cannabis Business License Types

The Commission’s draft amended regulations would remove certain requirements related to product transportation, allowing for more efficiency within the industry for all license types. Notable changes include:

Removal of the triplicate rule for manifests while transporting product
Allowing for electronic versions of manifests for transport, as opposed to only physical, hard copies
Permitting licensees to count products as a method of taking inventory for transportation rather than solely being restricted to weighing inventory

Microbusiness Licenses

The proposed amended regulations would considerably change the Microbusiness license type. The Microbusiness license type allows a licensee to be either a Tier 1 Marijuana Cultivator or Marijuana Product Manufacturer or both, and, if in receipt of a Delivery Endorsement issued by the Commission, may deliver Marijuana or Marijuana Products produced at the licensed location directly to consumers. Notable provisions in the draft amended regulations related to Microbusiness licenses include, but are not limited to, the following:

Microbusinesses licensees would be eligible to apply for and hold additional licenses and license types. However, Cultivating Microbusinesses and Product Manufacturing Microbusinesses would count towards the statutory caps for those respective license types, including cultivation canopy limitations
A Person or Entity Having Direct or Indirect Control over an existing Marijuana Establishment would not be eligible to apply for a Microbusiness license, unless the person or entity is a Social Equity Program Participant or Economic Empowerment Applicant certified by the Commission
Along with Craft Marijuana Cooperatives, Social Equity Program Participants (“SEPs”), and Economic Empowerment Applicants (“EEAs”), Microbusinesses would still retain exclusivity for Social Consumption Establishment licenses during the 36-month exclusivity period

Couriers, Delivery Operators, and Marijuana Establishments with Delivery Endorsements

The Commission’s draft amended regulations would significantly expand operations for home delivery businesses. These new changes would include:

Allowing Delivery Operators to repackage cannabis products
Removing the requirement for two Registered Agents to staff delivery vehicles that contain product orders with a total retail value of up to $5,000
Expanding permissible delivery hours to between 7 a.m. and 11 p.m., while still giving authority to municipalities to further restrict delivery hours
Eliminating the requirement that deliveries must be made specifically to a consumer’s residence, thereby allowing deliveries to be made to any residential address in the Commonwealth instead
Changing license limits to allow a Person or Entity Having Direct or Indirect Control to have up to three Delivery Operator licenses and three Courier licenses

SEPs and EEAs would still have exclusivity over the Delivery Operator and Courier license types until April 1, 2025, unless the Commission extends the exclusivity period.

Patient Access to Medical Cannabis

The Commission’s draft regulations also propose lifting certain restrictions on how qualifying patients can receive their medical cannabis certifications.

Patients would be able to receive their initial certifications via a telehealth visit, essentially codifying prior Commission administrative orders issued during the COVID-19 pandemic
Qualified Nurse Practitioners would be permitted to certify patients without a supervising Physician

Make Your Voices Heard! Submit Public Comments

The Commission’s draft amended regulations would substantially change the current regulatory framework related to Microbusinesses, home delivery businesses, and the Medical Cannabis Program. A public hearing is scheduled for October 7, 2024 at the Commission’s headquarters at Union Station, 2 Washington Square in Worcester. At this hearing, members of the public can provide comments via oral testimony. Written comments on the regulations are being accepted through 5 p.m. ET on October 7 and should be emailed to Commission@CCCMass.com with “Regulation Comment” in the subject line.

If you have any questions or would like to schedule a call with a Vicente team member to discuss the proposed regulations, potential impacts on your business, or preparation of comments to submit to the Commission, please contact us at boston@vicentellp.com or 617- 934-2121.

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