Administrative Order Regarding Transport of Marijuana and Marijuana Products over State Territorial Waters to and from Marijuana Establishments and Marijuana Treatment Centers in the Counties of Dukes and Nantucket | June 14, 2024

Administrative Order Regarding Transport of Marijuana and Marijuana Products over State Territorial Waters to and from Marijuana Establishments and Marijuana Treatment Centers in the Counties of Dukes and Nantucket

G.L. c. 94G, G.L. c. 94I

935 Code Mass. Regs. §§ 500.105, 500.110, 500.140, 500.200, 500.850

935 Code Mass. Regs. §§ 501.105, 501.110, 501.140, 501.200, 500.850

The Cannabis Control Commission (Commission), acting through its Acting Executive Director, issues Administrative Order No. 3 (Administrative Order) in response to the growing risk to patient and adult access to safe and legal Medical and Adult-use cannabis and cannabis products in the Counties of Dukes and Nantucket posed by a lack of access to cannabis and cannabis products from on-island licensees, in accordance with G. L. c. 94G, and applicable adult-use cannabis regulations, including 935 Code Mass. Regs. (CMR) § § 500.105: General Operational Requirements for Marijuana Establishments, § 500.110: Security Requirements for Marijuana Establishments, § 500.140: Additional Operational Requirements for Retail Sales, and § 500.200: Counties of Dukes County and Nantucket; and in accordance with G. L. c. 94I and applicable medical-use cannabis regulations, including 935 CMR § 501.105: General Operational Requirements for Medical Marijuana Treatment Centers, § 501.110: Security Requirements for Medical Marijuana Treatment Centers, § 501.140: Additional Operational Requirements for Patient Sales, and § 501.200: Counties of Dukes and Nantucket.

The Commission issues this Administrative Order consistent with its statutory mandate under G. L. c. 94G, § 4; and G. L. c. 94I, § 2, to ensure that Registered Qualifying Patients and Caregivers and Adult-use consumers can safely access Medical-use and Adult-use Marijuana and Marijuana Products in Dukes and Nantucket Counties.

In compliance with this Administrative Order, licensed Marijuana Establishments and Medical Marijuana Treatment Centers (MTCs) (collectively, “Licensees”), may transport Adult-use Marijuana and Marijuana Products and Medical-use Marijuana and Marijuana Products over State Territorial Waters.

The Commission, acting through its Acting Executive Director, hereby ORDERS as follows:

1. “State Territorial Waters” is defined in this Administrative Order as the navigable waters within the boundaries of the Commonwealth of Massachusetts as set forth in the Massachusetts Coastal Zone Map, published by the Massachusetts Office of Coastal Zone Management at https://www.mass.gov/info-details/massachusetts-coastal-zone-boundary.
2. “Seaworthy Vessel” is defined in this Administrative Order as a vessel that: (1) is fit in all aspects to complete the intended voyage, (2) is served by a properly trained crew with access to sufficient equipment and supplies, (3) is fit and safe for the reception, carriage and preservation of Marijuana or Marijuana Products, (4) has passed Commission inspection, and (5) is compliant with all laws, including regulations and Administrative Orders issued by the Commission.
3. As of the effective date of this Administrative Order up until its rescission or amendment, Licensees may transport Adult-use Marijuana and Marijuana Products and Medical-use Marijuana and Marijuana Products (hereby referred to collectively as Marijuana or Marijuana Products) on a Seaworthy Vessel and over State Territorial Waters between other licensed Marijuana Establishments and Medical Marijuana Treatment Centers, subject to the following conditions:
   1. Licensees shall only use a Seaworthy Vessel to transport Adult-use Marijuana and Marijuana Products and Medical-use Marijuana and Marijuana Products over State Territorial Waters.
   2. Licensees shall comply with all Commission statutes and regulations while Transporting Marijuana or Marijuana Products on a Seaworthy Vessel over State Territorial Waters, including the requirement of 935 CMR § 500.105(13)(a)13., and 935 CMR § 501.105(13)(a)13., that a Marijuana Establishment, a Marijuana Transporter transporting Marijuana Products, or a Medical Marijuana Treatment Center shall ensure that all transport routes remain within the Commonwealth.
   3. The Commission will enforce all regulations that pertain to vehicles to Seaworthy Vessels, with respect to Transportation between Marijuana Establishments as required under 935 CMR §§ 500 and 501, including 935 CMR §§ 500.105(13)(a), 500.105(13)(g), 500.105(13)(b), 500.105(13)(c), 501.105(13)(a), 501.105(13)(b), and 501.105(13)(c), except:
      1. As an exception to 935 CMR §§ 500.105(13)(a)(2), and 501.105(13)(a)(2), the Marijuana Establishment or Medical Marijuana Treatment Center may hire or contract with a Captain, who is not an Agent of the Marijuana Establishment or Medical Marijuana Treatment Center, to navigate the Seaworthy Vessel and to transport Marijuana or Marijuana Products over State Territorial Waters; provided however, that the Captain shall not have contact with or control of the Marijuana or Marijuana Products which shall remain under the control of the Marijuana Establishment or Medical Marijuana Treatment Center Agent(s). The Massachusetts identification requirements set forth in 935 CMR §§ 500.105(13)(g)1. and 501.105(13)(g)1. shall not apply to the Captain.
      2. As an exception to 935 CMR §§ 500.105(13)(a)12., and 501.105(13)(a)12., the Commission will not require the route to be randomized over State Territorial Waters; provided however that the Licensee shall ensure that dates and times of departure on the Seaworthy Vessel will remain randomized.
      3. As an exception to 935 CMR §§ 500.105(13)(c)3., and 501.105(13)(c)3., the Seaworthy Vessel is not mandated to comply with all Massachusetts Registry of Motor Vehicles requirements but shall comply with all other boat registration requirements for the Seaworthy Vessel; provided however, that no Seaworthy Vessel shall have any additional external marking that indicates the vehicle is used to transport or deliver Marijuana or Marijuana Products.
   4. As an exception to 935 CMR §§ 500.105(13)(d)1.-2., and 501.105(13)(d)1.-2., the secure, locked storage compartment required under these regulations for vehicles can be removed from the Seaworthy Vessels, but it cannot be easily moved.
   5. Licensees shall comply with the access to vehicles requirements under 935 CMR §§ 500.105(14) and 501.105(14), for Seaworthy Vessels which permit Commission representatives, representatives of other state agencies of the Commonwealth, and emergency responders access to the Seaworthy Vessel.
   6. Licensees shall comply with 935 CMR §§ 500.110(1)(m), and 501.110(1)(m), and must develop emergency policies and procedures for securing all product on a Seaworthy Vessel following any instance of diversion, theft, or loss of Marijuana.
   7. Licensees seeking to obtain an Alternative Security Provision for a Seaworthy Vessel shall comply with the procedures set forth in 935 CMR §§ 500.110(2) and 501.110(2).
4. All Marijuana Establishments and Medical Marijuana Treatment Centers located in Dukes and Nantucket Counties shall utilize Independent Testing Laboratories to test Marijuana and Marijuana Products that are (i) cultivated, manufactured or processed in mainland Massachusetts and transported to Dukes and Nantucket Counties for sale, or (ii) cultivated, manufactured or processed in Dukes and Nantucket Counties and transported to mainland Massachusetts for sale; provided however, that Marijuana Establishments and Medical Marijuana Treatment Centers may continue to test in a manner allowed under 935 CMR §§ 500.200 and 501.200, until such a time as the licensee begins to transport Marijuana and Marijuana Products to or from the mainland. The licensees shall submit a compliant Standards Operating Procedure (SOP), and shall ensure the Seaworthy Vessel is inspected by the Commission before licensee may begin transportation to other Marijuana Establishments and Medical Marijuana Treatment Centers via State Territorial Waters.
5. The Commission does not endorse any Licensee’s potential violation of federal law by issuing this Administrative Order, nor does it purport to give immunity under federal law. Licensees assume any and all risks associated with the transportation of Marijuana and Marijuana Products over State Territorial Waters.
6. Licensees may seek a waiver of regulatory requirements and the requirements described in this Administrative Order under 935 CMR 500.850 or 935 CMR 501.850.  If there is an undue hardship for a Marijuana Establishment or Medical Marijuana Treatment Center located in Dukes or Nantucket County that previously transported Marijuana and Marijuana Products to or from the mainland to transport samples of Marijuana and Marijuana Products for testing to and from the mainland, the Commission shall grant the requesting licensee a waiver from the requirements of section 4 of this Order authorizing the licensee to test in a manner allowed under 935 CMR §§ 500.200 and 501.200, provided the waiver request meets the requirements of 935 CMR §§ 500.850(2) and 501.850(2).
7. Licensees shall adhere to all Commission regulations for sales and transportation of Marijuana and Marijuana Products not explicitly addressed by this order. Licensees shall monitor and comply with all Commission-issued guidelines and bulletins, including those addressing testing, transportation, and security.
8. Prior to engaging in transportation of Marijuana and Marijuana Products on a Seaworthy Vessel pursuant to this Administrative Order, a Licensee shall submit a detailed SOP to the Commission setting forth the Licensee’s procedures for compliance with this Administrative Order. A Licensee may not transport Marijuana or Marijuana Products over State Territorial Waters until its SOP is approved by the Commission and its Seaworthy Vessel has been inspected and approved by the Commission.
9. Failure to comply with the above conditions may result in disciplinary action against Licensees and their agents up to and including a fine, suspension and/or revocation of licensure or registration.
10. Nothing herein should be construed as precluding or limiting the Commission’s authority to take additional administrative action to protect the public health, safety, and welfare.

This Administrative Order No. 3 shall take effect on June 14, 2024, at 12:00 A.M.

This Administrative Order No. 3 shall remain in effect until the date the Commission rescinds or amends this order, whichever occurs first.  The Commission may amend or modify this order as applicable to one particular licensee, a group of licensees, or all Commission licensees.

Questions about this order may be directed in writing to the above address, by phone (744-415-0200) on Monday – Friday from 9:00 A.M. – 5:00 P.M., or by email at Commission@CCCMass.com.

Signed this 13th day of June 2024:

Commonwealth of Massachusetts Cannabis Control Commission

Debra Hilton-Creek, Acting Executive Director