Marijuana Establishment Delivery Applications Available to Economic Empowerment Applicants, Social Equity Program Participants Starting May 28

WORCESTER—The Cannabis Control Commission (Commission) will open up licensing applications to prospective Delivery-only Marijuana Establishments and certain Microbusinesses seeking Delivery Endorsements starting on Thursday, May 28, 2020. In accordance with Commission regulations, the new adult-use license types will be exclusively available to certified Economic Empowerment Applicants and Social Equity Program Participants for a minimum of two years.

Delivery-only licenses and Microbusiness Delivery Endorsements were added to the Commission’s host of available Marijuana Establishment (ME) opportunities following the 2019 regulatory process. Historically, the Medical Use of Marijuana Program has permitted home delivery to registered qualifying patients and currently 18 Medical Marijuana Treatment Centers (MTCs) offer the service in the Commonwealth.

Electronic licensing forms for adult-use delivery will be available to applicants through the Massachusetts Cannabis Industry Portal at MassCIPortal.Com starting on May 28. Prior to submitting a Delivery-only license application, eligible businesses will first need to apply for Commission pre-certification in order for the agency to gather information about the entity, individuals associated with the business, and its plans, policies, and procedures demonstrating its ability to obtain a license. The pre-certification application was developed in direct response to constituent feedback which called for a Commission pre-approval process that would certify an entity’s propensity to open an ME and assist individuals with obtaining lease agreements and other local level approvals.

Once the prospective Delivery-only entity receives Commission pre-certification, they may utilize the approval to support their search for a host community and move forward with the remainder of the licensing process. Eligible Microbusinesses may apply for a Delivery Endorsement from the Commission after receiving a provisional Microbusiness license. Delivery-only and Microbusiness Delivery Endorsement approvals will follow the Commission’s standard licensing procedures, including provisional and final review and approval, as well as completion of the relevant inspections under the Commission’s regulations.

The Commission has mandated the minimum two-year exclusivity period for certified Economic Empowerment Applicants and Social Equity Program Participants will begin once the first licensee has commenced delivery operations in the Commonwealth. All marijuana and marijuana products distributed by a Delivery-only licensee must be obtained from a licensed Marijuana Retailer. Microbusinesses with Delivery Endorsements may be authorized to grow, manufacture, and deliver their own products directly to adult-use consumers in the Commonwealth.

Certified Economic Empowerment Applicants and Social Equity Program Participants must meet the respective program criteria and maintain majority ownership (51% or more) over the license in order to take advantage of the exclusivity period. As of May, between the two programs, more than 400 applicants are eligible for Delivery-only and Microbusiness Delivery Endorsement exclusivity, including 122 certified Economic Empowerments Applicants and nearly 300 Social Equity Program Participants from cohorts one and two.

Adult-use consumers who may wish to utilize delivery services will first need to pre-verify their identity with the Marijuana Retailer or Microbusiness from which they will be ordering products. Under the Commission’s regulations, $10,000 is the maximum retail value of any marijuana or marijuana products allowed in a delivery vehicle at any one time and licensees must make every effort to minimize the amount of cash carried in a delivery vehicle.

Agents engaged in the delivery of marijuana or marijuana products to a consumer must have an operational body camera on their person whenever they are outside of the delivery vehicle to conduct the transaction. All marijuana and marijuana product deliveries shall be tracked using the state’s seed-to-sale system of record, Metrc. More information about the requirements for adult-use delivery is available under the Commission’s adult-use regulations 935 CMR 500.000.

Deliveries of marijuana or marijuana products by a Delivery-only Licensee or a Microbusiness with a Delivery Endorsement shall be limited to:

• The municipality which the delivery licensee has identified as its place of business;
• Any municipality which allows for adult-use retail within its borders; or
• Any municipality which, after receiving notice from the Commission, has then notified the Commission that delivery may operate within its borders.

For more information about Delivery-only licenses and Microbusiness Delivery Endorsements, visit MassCannabisControl.Com, contact the Commission by phone (774-415-0200) or email (Commission@CCCMass.Com), or follow the agency on Facebook and Twitter.

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