New Massachusetts Medical and Adult Use Marijuana Regulations

By David Ullian, Senior Associate Attorney; Meg Nash, Associate Attorney; Casey Leaver, Compliance Manager

Nov 1, 2019

The Massachusetts Cannabis Control Commission (the “Commission”) recently released new Medical Marijuana Regulations (935 CMR 501.000) and new Adult Use Marijuana Regulations (935 CMR 500.000). These regulations effective starting Friday, November 1st, 2019, and all medical and adult-use applicants and operators will need to begin to comply with these new regulations as of the effective date. A brief, non-exhaustive list of some of the more important licensing and operational topics that have been amended are included below:

• The application and annual license fees have increased significantly.
• The concepts of ownership and control have been revised and expanded so that all “Persons or Entities Having Direct or Indirect Control” over the marijuana business must be disclosed. Also, note that the failure to apply for and obtain Commission approval prior to any ownership or control changes may result in the license being suspended, revoked, or deemed void.
• The Social Consumption Establishment Pilot Program regulations have been promulgated. Only Economic Empowerment Priority applicants, Social Equity Program applicants, Microbusinesses, and Craft Marijuana Cooperatives are eligible to participate for the first two years.
• The regulations for adult use Home Delivery and Delivery-Only Licenses have been promulgated. Only Economic Empowerment Priority applicants and Social Equity Program applicants are eligible for Delivery-Only Licenses for the first two years.
• Marijuana Cultivators are now required to comply with new minimum energy efficiency and equipment standards.
• The marijuana and marijuana product packaging and labeling requirements have been updated.
• Facility video cameras may now use motion detection sensors to begin recording as long as the system provides an alert to designated agents, and operators must have the ability to remain operational during a power outage for a minimum of four hours.
• Transport vehicles must now have video cameras in the storage area and in the driver area.
• All waste, including non-marijuana waste, must be securely stored at a licensed facility.
• There are now requirements specific for cash handling and transportation.
• Retailers are now specifically limited to selling no more than one ounce of marijuana or its equivalent in concentrate or edible products to a customer per day.
• Retailers are now limited in their ability to use customers’ personal information that is collected and maintained.
• The Background Suitability criteria and considerations have been slightly expanded.
• The Medical Marijuana regulations have been overhauled to align very closely with Adult Use Marijuana regulations, with the exception of certain requirements, including but not limited to, vertical integration, dosing limitations and patient supply.

Please note that Commission will likely further clarify these regulations through the issuance of Guidance documents. If you would like to schedule a meeting or telephone call to discuss these new regulations with an attorney in our office, please contact our office at 617-934-2121, or email a.marcaurele@vicentesederberg.com.