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Cannabis Control Commission Approves Draft Regulations for Adult Use Delivery in Massachusetts

Among the draft delivery regulations approved Thursday, the Commission approved:

Limited Delivery Licenses

  • Levying a $1,500 application fee and $5,000 annual licenses fee; and
    • To support unobstructed pathways into the regulated industry, all Limited Delivery application and license fees would be waived for EEAs and SEP participants in their first year of licensure under the exclusivity period; and
    • Annual license fees also would be reduced by 50%, or to $2,500, upon renewal and all subsequent years for applicants eligible for the exclusivity period.
  • Automatically converting existing Pre-Certified “Delivery-Only” applicants to Limited Delivery Applicants.

Wholesale Delivery Licenses

  • Levying a $1,500 application fee and $10,000 annual license fee;
    • Annual license fees would be reduced by 50%, or to $5,000, for EEAs and SEP participants in accordance with the Commission’s traditional fee structure.
  • Applying the same security provisions required of all Marijuana Establishments operating indoor areas to Wholesale Delivery Licenses;
    • Wholesale Delivery Licenses would be required to maintain a warehouse; and
    • Warehouses would be required to comply with limited access area regulations and have a loading area or sally port where vehicles can be securely loaded.
  • Requiring the same product storage provisions regulating all other Marijuana Establishments to Wholesale Delivery Licenses, including adequate lighting, ventilation, temperature, humidity, space and equipment;
  • Extending the equivalent Marijuana Establishment requirements related to age verification; limitations on sales; unauthorized sales and right to refuse sales or delivery; recording sales; consumer education; testing; product database; and vendor samples to Wholesale Delivery Licenses;
  • Authorizing Wholesale Delivery Licensees to white label, or affix a product label that includes the branding (name and logo) of a specific Marijuana Establishment to a finished marijuana product that was previously produced and packaged by a licensed Product Manufacturer, Cultivator, Microbusiness or Craft Marijuana Cooperative for sale to consumers;
    • White labeling may be performed by the Wholesale Delivery Licensee or the licensed Marijuana Establishment from which the wholesale originated; and
    • Vaporizer products may not be white labeled under the draft regulations to enable the Commission to implement and ensure compliance with new labeling requirements meant to strengthen public health, safety, and consumer awareness around those devices.

Once agency staff incorporate the changes Commissioners adopted Thursday, a segmented version of the draft regulations focusing specifically on delivery will be published and become subject to a public comment period. Only feedback focused on delivery will be considered, as this will be the second opportunity for the public to weigh in on the Commission’s regulations over the course of the 2020 review cycle. View the August 3 public hearing here to access previous public comments the Commission received on the full set of draft medical- and adult-use regulations.

The Commission plans to reconvene to discuss the draft delivery regulations and public comment on October 20. For more context regarding the policies proposed for the Limited Delivery and Wholesale Delivery Licenses, video of Commissioners’ recent discussions can be found on the agency’s Facebook and YouTube pages. Draft regulations and related public meeting materials are available at MassCannabisControl.Com/Documents.