Cannabis Control Commission Proposes Extending Exclusivity for Cannabis Delivery Licenses in Massachusetts Until 2029

Draft regulatory reforms also would enable third-party partners for agency’s Secret Shopper Program

WORCESTER—The Massachusetts Cannabis Control Commission (Commission) has proposed extending exclusive access to delivery license types for three more years—opening its third regulatory review process in three years—after determining that notable progress has been made on the goals of the original initiative to further equity in regulated cannabis, but they have not yet been fully realized.

Massachusetts residents can now find nearby delivery businesses using the Commission’s “Where to Buy” feature at MassCannabisControl.com 

Commissioners on Wednesday voted unanimously (4-0) for the extension to at least April 2029 after reviewing the results of a UMass Donahue Institute study which looked at whether the previous, three-year delivery carve-out had achieved full participation in the legal cannabis industry for communities that have been disproportionately harmed by previous marijuana prohibition and enforcement, among other objectives. That goal is part of the Commission’s first-in-the-nation equity mandate and ongoing efforts to transition unregulated delivery businesses to the legal industry.

During the exclusivity period, adult-use Delivery Courier, Delivery Operator, and Microbusiness with Delivery Endorsement models are available only for businesses with majority ownership made up of Certified Economic Empowerment Priority Applicants (EEA) or Social Equity Program (SEP) participants. The exclusivity period began on April 1, 2022 when the first Delivery Operator license commenced operations. 

“Exclusivity gives equity licensees a head start to open up new areas of the adult-use industry, and it’s one of the most direct benefits available to eligible business owners,” Chair Shannon O’Brien said. “Success in this market—which is regulated at the state level but still illegal at the federal level—can take time. Giving delivery businesses three more years to grow will move us toward our collective goal of full participation by communities that were previously harmed by the War on Drugs.” 

“A core component of the Commission’s duty, as directed by Massachusetts in 2016, is to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement,” Commissioner Carrie Benedon said. “Extending the delivery exclusivity period for SEP and EEA constituents advances this goal by providing opportunities for licensees already in the market, but also for new applicants entering this space over the next several years. This is one of the highest value benefits the Commission can offer Social Equity Program participants, both to existing and future cohorts.”

“We would like to thank the UMass Donahue Institute for partnering with our Working Group to evaluate the outcomes of delivery exclusivity so far,” Executive Director Travis Ahern said. “The institute’s work is invaluable as we offer constituents continued guidance and assistance through our nation-leading equity programming and structure the forthcoming social consumption exclusivity period based on lessons we have learned.” 

Commissioners voted unanimously in March 2025 to extend delivery exclusivity for one year to allow the Donahue Institute study to take place in collaboration with an internal Delivery Exclusivity Working Group review. The study relied on data collected from 2022 to 2025, interviews with stakeholders, public feedback collected in 2024, and conversations with staff who oversee equity programming as well as past and current Commissioners. 

The Donahue Institute concluded that the state’s goal of full industry participation had not been fully met, with delivery licenses comprising only five percent of all adult-use licenses in Massachusetts. Other factors, such as wider macroeconomic conditions in the cannabis market and delivery businesses’ limited time to absorb relevant regulatory updates, determined that more progress is needed. Grants from the Cannabis Social Equity Trust Fund, administered by the Executive Office of Economic Development and funded in part by cannabis taxes and application fees, have also only been available to SEP and EEA participants for half the overall exclusivity period. 

The Commission offers three delivery business models: Delivery Courier, which allows licensees to deliver from licensed Marijuana Establishments or Medical Marijuana Treatment Centers to consumers and patients; Delivery Operator, which allows licensees to buy and warehouse marijuana products for deliveries they make; and a Delivery Endorsement, which offers expanded permission for an existing Microbusiness to perform delivery operations. Since the license types were created, the Commission has issued a notice to commence operations to 13 Marijuana Couriers, 20 Marijuana Delivery Operators, and two Microbusinesses with Delivery Endorsements. 

In recent years, the Commission has taken steps to reduce regulatory burdens for delivery licensees and increase constituent awareness of their services. For example, the Commission’s online “Find A Retailer” functionality has been updated to a “Where to Buy” feature that pinpoints the brick-and-mortar locations of cannabis delivery licensees to help consumers and patients identify a nearby business that may offer service to them. Separately, the Open Data Platform provides data on Delivery Operator sales and Marijuana Retailer sales distributed via Delivery Courier. 

Along with delivery exclusivity, the Commission recently approved three new social consumption license types exclusive to SEP and EEA applicants as well as Microbusinesses and Craft Marijuana Cooperatives for an initial period of three years. 

Extending delivery exclusivity will require the Commission to amend its regulations found under 935 CMR 500. Following Wednesday’s vote, the new regulations will be published for a forthcoming public comment period and hearing, slated for February, prior to Commissioners applying edits and taking a final vote to approve them before they are promulgated by the Secretary of the Commonwealth. New regulations are anticipated to be in effect before April 1, when the current delivery period expires. 

Another unanimously approved regulatory update may also change the Commission’s Secret Shopper Program, which allows for random, off-the-shelf testing of cannabis products, among other initiatives, to ensure consumer health and safety. As proposed, the update will allow third-party vendors or contractors, such as nonprofits, research institutions, and other legal entities, to enter into agreements with the Commission to act as secret shoppers. The regulations would also more clearly describe the proper chain of custody for secretly purchasing, transporting, and testing cannabis products as part of the program.

“I am grateful to see the Commission’s Secret Shopper Program positioned to be executed to its fullest potential under the draft regulatory reforms approved today,” Commissioner Kimberly Roy said. “As the sponsor of the Commission’s Secret Shopper Program Working Group, I look forward to collaborating with stakeholders to advance initiatives that promote consumer protection, uphold product safety and integrity, and strengthen the Commission’s commitment to protecting public health and safety within Massachusetts’ regulated marketplace.”

“With the rollout of social consumption coming, a revised Secret Shopper Program will strengthen age verification efforts, especially at events, and complement existing off-the-shelf testing work overall,” Commissioner Bruce Stebbins said. “Additionally, extending exclusivity will help delivery businesses continue to grow as we look to external factors, like more cities and towns opting in to allow delivery, to help further our collective equity goals.”

Additional information is available by reading the UMass Donahue Institute report, by visiting the Commission’s Equity Programs page at  MassCannabisControl.com, by contacting the Commission by phone (774-415-0200) or email (Commission@CCCMass.com), or following the agency on Facebook, LinkedIn, and X. 

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