Cannabis Control Commission Approves Draft Regulations Addressing Key Priorities Around Business Competitiveness and Patient Access

Proposed changes, subject to public comment and review, would update requirements for delivery and microbusiness license types and increase patient access relative to telehealth and nurse practitioners

WORCESTER—The Cannabis Control Commission (Commission) voted 4-0 on Friday, July 19 to approve draft changes to its adult- and medical-use regulations relative to requirements around the delivery license types, microbusinesses, telehealth options for patients, prescribing authority for nurse practitioners, and increasing licensee efficiencies. These proposed regulatory amendments come on the heels of the agency’s implementation of new statutory mandates required by Chapter 180 of the Acts of 2022, and in response to feedback from industry participants, consumers, and patients across the Commonwealth.

Commissioners and agency staff worked continuously over the last year to finalize and implement new laws and regulations around Host Community Agreement (HCA) review, municipal equity requirements, and changes to the suitability qualifications for Registered Agents seeking employment in the legal industry. Through that process, the Commission continues to engage with diverse constituent groups as Chapter 180 regulatory reforms take effect. The draft regulations approved Friday reflect additional, extensive stakeholder feedback from licensees and patients and represent the Commission’s commitment to supporting key groups that, per state mandate, the agency is required to prioritize through exclusive opportunities and access.

“The Commission has taken on an exceptional amount of regulatory work in the past year, and I am thrilled for licensees, patients, and many other stakeholders who contributed to the draft regulations that were approved and looked forward to this moment, which comes at a critical time for industry and agency,” Acting Chair Ava Callender Concepcion said. “This is an especially important day for delivery licensees, our exclusive equity businesses, who have proven to the Commonwealth that they operate just like any other delivery business and provide safe, reliable service to their customers and patients.”

“With the Commission’s review of delivery exclusivity coming up later this year, the time is now to make these critical changes to the delivery license types that will enable businesses to stay competitive,” said Commissioner Nurys Camargo. “I’m grateful to our licensees for their voice and collaboration as we fight to make this industry as inclusive as possible for those who were most harmed by the War on Drugs.”

“As regulators, it is critically important we remove unnecessary barriers in the Massachusetts cannabis industry and as a sponsor of the regulatory amendments to the Microbusiness license type, I am pleased to finally see these changes move closer to being implemented which will provide vital opportunities for business growth, development, and expansion for this license type,” said Commissioner Kimberly Roy. “The proposed Microbusiness changes will enhance their ability to compete in the regulated marketplace and provide greater opportunities to pursue or transition into additional licenses.”

“Patient access has been a priority for the Commission throughout its existence, and we know what problems can arise when safe, tested medicine is potentially limited. It’s our responsibility as an agency to ensure that our nearly 90,000 certified active patients can obtain their medicine,” said Commissioner Bruce Stebbins. “These approved changes will also increase access to industry from a business perspective, now ensuring our smaller operators interested in the Microbusiness license have greater opportunities to innovate and think beyond a single business.”

Proposed policy changes that are embedded in the approved drafts include:

Delivery

• Modifying the Marijuana Courier, Marijuana Delivery Operator, and Marijuana Establishment with Delivery endorsement license types to allow these licensees the option of delivering marijuana and marijuana products to consumers with one Marijuana Establishment agent in a vehicle at a time when delivering items with total retail value of up to $5,000;
  • However, licensees may choose to have more than one Registered Agent in a vehicle during any delivery service and will be required to staff vehicles with two Registered Agents when transporting marijuana products with a retail value exceeding $5,000 and up to the $10,000 delivery maximum;
  • Also note: business to business transportation requirements remain unchanged;
• Allowing Marijuana Delivery Operator licensees to repackage marijuana and marijuana products, subject to and in compliance with all current requirements of repackaging;
• Increasing the total number of delivery licenses that individuals and entities can own or control from two total licenses to three Marijuana Delivery Operator licenses and three Marijuana Courier licenses; and
• Expanding acceptable hours of delivery operation to 7 a.m.-11 p.m. under the Commission’s regulations during which delivery licensees may deliver to consumers and patients, subject to local restrictions.
• These changes specifically benefit Social Equity Program Participants (SEP) and Economic Empowerment Applicants (EEAs), which have exclusive access to these license types for a minimum of three years starting April 1, 2022; the Commission is also in the process of reviewing data to determine whether the exclusivity period should be extended in the future.

Microbusinesses

• For the first time, enabling Microbusinesses to apply for other license types;
  • This allows existing Microbusiness license holders to possess up to the state’s maximum three Cultivation licenses and three Product Manufacturer licenses, inclusive of the existing Microbusiness license, thereby allowing them to surpass the 5,000 square-foot canopy limit for Microbusiness cultivation operations and 2,000-pound limit for marijuana product manufacturing operations;
  • Microbusinesses would also be eligible to hold other license types, such as Retail and Transport licenses;
  • Microbusinesses that are certified SEPs or EEAs maintain exclusive access to Delivery Endorsements; and
  • Social Consumption Establishment licenses remain exclusively available to Microbusinesses, Craft Marijuana Cooperatives, SEPs, and EEA; and
• Authorizing Microbusinesses engaged in product manufacturing to purchase marijuana from Medical Marijuana Treatment Centers in addition to Marijuana Establishments.

Patient Access

• Permitting qualifying medical patients to opt-in to utilizing telehealth consultation with a Certifying Healthcare Provider for their initial certification; and
• Allowing for Nurse Practitioners with independent practice authority to certify qualifying patients without a supervising Physician;
  • This change would allow Nurse Practitioners registered with the Medical Use of Marijuana Program to have the same prescribing authority afforded by the Board of Registration in Nursing (BORN).

Licensee Efficiency

• Enabling Marijuana Establishments and Medical Marijuana Treatment Centers to count, versus, weigh, product when recording its movement throughout the supply chain to make it more efficient for operators to inventory products; and
• Authorizing Marijuana Establishments and Medical Marijuana Treatment Centers to utilize and store electronic versus physical manifests when transporting product between licensees as long as they are accessible at any time by Registered Agents.

The approved changes represent draft regulations which will be filed with the Secretary of State’s Regulations Division and published on the Commission’s website, subject to ministerial edits discussed Friday. In the coming weeks, to enable constituents and stakeholders to weigh in on all proposals, the Commission will accept public comments as written testimony and host a public hearing. Additional details about the process and deadlines will be announced later. After reviewing comments, the Commission will reconvene to vote on final regulations.

Additional information about the Commission’s regulatory review process is available by visiting MassCannabisControl.com, by contacting the Commission by phone (774-415-0200) or email (Commission@CCCMass.com), or following the agency on Facebook and X.

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