Regulations to Extend Delivery Exclusivity and Improve Secret Shopper Program are Now in Effect

Delivery licenses will continue to be exclusively available to participants of the Cannabis Control Commission’s (Commission) equity programs until April 2029 after regulatory changes were promulgated by the Secretary of the Commonwealth on March 27.

The latest round of regulatory changes will extend the exclusivity period for delivery licenses which was set to expire on April 1. The Commission unanimously approved the new regulations at the March 6 public meeting following weeks of deliberation including consideration of an evaluation of the policy’s success by an agency Working Group in partnership with UMass Donahue Institute, as well as feedback received from stakeholders during a public comment period and public hearing.

During the delivery exclusivity period, adult-use Marijuana Delivery Courier, Delivery Operator, and Microbusiness with Delivery Endorsement business models are set aside for those with majority ownership made up of Social Equity Program (SEP) Participants and Certified Economic Empowerment Priority Applicants (EEAs). The state’s initial exclusivity period began on April 1, 2022, when the first Delivery Operator licensee commenced operations, and was extended by one year in 2025.

Under the new regulations, the Commission has the authority to further extend the period by vote, at its discretion. Going forward, the Commission will contemporaneously collect data on the goals of exclusivity policy and report such data to the public every six months.

The newly promulgated regulations also included improvements to the Commission’s Secret Shopper off-the-shelf testing program. The program is one of the agency’s investigations and enforcement tools that allows for individuals to conduct random, off-the-shelf testing of cannabis products, among other initiatives, to ensure consumer health and safety. The regulatory 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 also clarify the processes for documentation, custody, preservation and transportation for Secret Shopper activities.

Following the promulgation of these changes, the Commission may, as appropriate, conduct a procurement seeking potential third-party partners to support the Secret Shopper Program. Information about any opportunities will be made available through the Commonwealth’s procurement platform, COMMBUYS, and may also be announced by Commission email. Questions about the state’s procurement process may be directed to the Commission at Procurement@CCCMass.com. To sign-up to subscribe to the Commission’s Notice List, click here.

The Commission has also issued a bulletin to inform licensees of the regulatory changes and will continue to provide updates on implementation. Visit the agency’s online calendar at MassCannabisControl.com for a preview of the public meeting schedule and more information about how to attend or view each session.

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