Cannabis Control Commission Unanimously Approves Final Regulatory Reforms to Support Delivery, Testing Transportation, Small Business Expansion, and Patient Access in the Commonwealth

Next regulatory public meeting planned Dec. 5 to discuss reforms relative to Social Consumption Establishments

WORCESTER – Following three days of deliberations, the Cannabis Control Commission (Commission) on Wednesday unanimously (3-0) approved final regulations aimed at increasing efficiencies for patient and consumer cannabis deliveries and the transport of marijuana products used for testing, the expansion of Microbusinesses and Craft Marijuana Cooperatives, and promoting access to care for patients of the Commonwealth’s Medical Use of Marijuana Program.

The changes to 935 CMR 500.00 and 935 CMR 501.00 will end the so-called “two-agent” rule for adult-use cannabis and medical marijuana deliveries, Independent Testing Laboratories, and Marijuana Transporters that move marijuana products throughout the supply chain for the purposes of testing. They also permit Microbusinesses and Craft Marijuana Cooperatives to expand operations, as well as allow patients to request telehealth for their initial certifications. These policies, among others, are the result of months of work by Commissioners and staff to remove barriers for Massachusetts cannabis businesses and patients while maintaining safety across the adult- and medical-use cannabis industry.

“The Commission acted diligently to update regulations for constituents while maintaining a safe, equitable cannabis market,” Acting Chair Bruce Stebbins said. “These changes will allow Microbusinesses to expand into new parts of the industry and access social consumption licenses in the future. The Commission is looking forward to the rollout of the social consumption framework in December, the next major step forward for the industry.” 

“This is an important day for key members of the Massachusetts cannabis industry, particularly delivery licensees,” Commissioner Nurys Camargo said. “Since the first delivery businesses, which are exclusively equity licensees, commenced operations three years ago, they have proven they can operate safely and reliably. Removing the requirement that two agents be in a vehicle for deliveries will help these licensees expand and succeed.”

“Over the past year, we’ve listened closely to industry stakeholders about the regulatory challenges they currently face and what is needed to move the industry to the next level without compromising public health or safety,” Commissioner Kimberly Roy said.  “Increasing access to the medical marijuana program via telehealth, allowing the eligibility of certain healthcare providers, providing opportunity for the microbusiness license type to expand and making substantial updates to the delivery license type, as well as the business-to-business transport of marijuana products for testing are all appropriate regulatory changes that will better serve patients, consumers, and cannabis stakeholders in the Massachusetts regulated industry.” 

Previously, the Commission had unanimously (4-0) approved draft regulations at its July 19 public meeting, kicking off the formal promulgation process, including a public comment period and public hearing held on Oct. 7. The regulations approved Wednesday will be filed with the Secretary of the Commonwealth by Nov. 8 and promulgated into law on Nov. 22. Upon taking effect, copies will be available on MassCannabisControl.com, through the Code of Regulations available via the Secretary of the Commonwealth’s website, or by requesting official versions from the State Bookstore. 

The final policy changes include: 

Delivery and Transport of Testing Samples

• For adult-use cannabis delivery licensees and Medical Marijuana Treatment Centers, which previously required two employees to be present for every delivery:
  • Modifying the requirements to allow the option of delivering to consumers and patients with one agent in a vehicle at a time when all marijuana and marijuana products in the vehicle have a retail value of up to $5,000;
    • However, licensees may choose to have more than one agent in a vehicle during any delivery service and will be required to staff vehicles with two agents when transporting marijuana products with a retail value exceeding $5,000 and up to the $10,000 delivery maximum;
  • Modifying the requirements to allow the option of delivering wholesale products with one agent in the vehicle when marijuana and marijuana products have a wholesale value of up to $5,000;
  • Allowing Marijuana Delivery Operator licensees to repackage marijuana and marijuana products, subject to all current requirements for packaging and labeling;
  • Increasing the total number of delivery licenses that individuals and entities can own or control from two to three Marijuana Delivery Operator licenses and three Marijuana Courier licenses, bringing Delivery licenses in line with caps imposed on all other License types; and
  • Expanding delivery hours to 7 a.m. to 11 p.m. under the Commission’s regulations, subject to local restrictions.
  • Within the adult-use cannabis industry, these changes specifically benefit Social Equity Program Participants (SEPs) and Economic Empowerment Applicants (EEAs), which have exclusive access to these license types.
• For ITLs and Marijuana Transporters:
  • Allowing ITLs and certain Marijuana Transporters the option of transporting between licenses products for the sole purpose of testing with one agent in a vehicle at a time when all products or samples in the vehicle have a wholesale value of up to $5,000.
• The Commission also committed to continue reviewing the impacts of expanding the two-to-1 agent reform to other cannabis transportation activities between licenses (e.g., Third Party Transporters and other business-to-business services) as part of future regulatory review, while existing requirements remain in place.

Microbusinesses and Craft Marijuana Cooperatives

• For the first time, allowing 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 Microbusiness license;
  • As a result, Microbusinesses will be able to surpass their existing 5,000 square-foot canopy limit for cultivation operations and 2,000-pound limit for marijuana product manufacturing operations by obtaining additional licenses, so long as all Cultivation licenses are subject to the maximum 100,000 square-foot canopy cap;
  • 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
  • Authorizing Microbusinesses engaged in product manufacturing to purchase marijuana from Medical Marijuana Treatment Centers in addition to Marijuana Establishments.
• The final regulations also clarify Craft Marijuana Cooperatives’ ability to apply for and operate different Marijuana Establishment license types, subject to existing ownership and control limits, in addition to their single Craft Marijuana Cooperative license.

Patient Access

• Permitting patients to request a telehealth consultation with a Certifying Healthcare Provider for their initial certification—thereby making permanent a policy that originated under the state’s COVID public health emergency; and
• Allowing for Certifying Healthcare Providers who are nurse practitioners with independent practices the 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 product instead of weigh it when recording its movement throughout the supply chain to make it more efficient for operators to inventory products based on product type; and
• Authorizing Marijuana Establishments and Medical Marijuana Treatment Centers to use and store electronic physical manifests instead of physical ones when transporting product between licensees – as long as they are accessible at any time by Registered Agents.

These amendments follow several other major updates by the Commission over the past year, including the implementation of regulations relative to the state’s equity reform law.  Next week, the Commission will hold a public listening session focused on Independent Testing Laboratories and related testing matters. The session, which will be held Nov. 7 at the Commission’s headquarters in Worcester, follows a similar event in Great Barrington about outdoor cultivation in August. On Dec. 5, Commissioners are also slated to hold a public meeting to open the agency’s regulations for its review of the existing Social Consumption Establishment license types and framework.  

Looking ahead, in 2025, the Commission intends to review the three-year, equity exclusivity period for adult-use delivery license types. Commissioners are also actively researching the ability of consumer deliveries to expand into communities that currently do not allow Marijuana Establishments to locate—opening new ways for residents to access safe and tested cannabis products and increase the competition with unregulated operators.  

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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