Bulletin | Governor Charles D. Baker’s COVID-19 Order No. 53 | November 4, 2020

On November 2, 2020, Governor Charles D. Baker issued COVID-19 Order No. 53, an Order Requiring Early Closing for Certain Businesses and Activities, Limiting the Hours for Alcohol Sales and Adult Use Cannabis, and Modifying Chapter 138 License Renewal Requirements (the “Order”). As a result, the Cannabis Control Commission (the “Commission”), through its Executive Director, now issues this bulletin to all adult-use Marijuana Retailers, including Marijuana Retailers currently authorized to commence retail operations and Marijuana Retailers that possess a provisional or final license and may be subject to the Order upon becoming operational. The Order takes effect at 12:01AM on Friday, November 6, 2020.

Section 1 of the Order establishes a mandatory night-time closing period, requiring certain businesses, facilities or activities to close their premises to the public each day not later than 9:30PM and restricting such premises from re-opening to the public sooner than 5:00AM the following day. The Order explains that, during the hours of 9:30PM–5:00AM, such businesses, facilities, or activities may not admit customers, patrons, or members of the public to their premises or otherwise offer, provide, or permit in-person, on-premises services or activities. Operators of such businesses, facilities, or activities may keep their premises open to employees and other workers during the hours of 9:30PM–5:00AM and otherwise conduct business activities and operations that do not involve admitting customers, patrons, or members of the public to their premises.

Section 2 of the Order specifically establishes that no adult-use Marijuana Retailer may sell adult- use cannabis or adult-use cannabis products of any kind to any person anywhere in the Commonwealth during the mandatory closing period of 9:30PM–5:00AM. Violations of the Order may result in a civil fine of up to $500.00 per violation. Marijuana Retailers determined to have violated the Order may further be subject to disciplinary action by the Commission.

Please note that dispensing operations of medical-use marijuana by Medical Marijuana Treatment Centers (“MTC”) licensed pursuant to 935 CMR 501.000 are not subject to COVID-19 Order No. 53. An MTC that is a colocated Marijuana Retailer pursuant to 935 CMR 502.000 may continue to perform dispensing operations of medical-use marijuana but shall comply with the Order for all applicable adult-use operations.

Inquiries regarding COVID-19 Order No. 53 should be directed to the Department of Public Health, the Department of Labor Standards, and/or the licensee’s local board of health. Marijuana Retailers may also submit questions regarding this Bulletin to their assigned investigator.

Marijuana Retailers are also encouraged to visit the Commission’s COVID-19 webpage. The COVID-19 webpage provides information concerning curbside operations, agent reporting, and other relevant resources and updates.