As the Commission continues to implement regulatory changes that were promulgated in January 2021, information contained on these webpages may require updates and/or verification. Thank you for your understanding.
What law(s) govern the adult use of marijuana?
The 2016 ballot petition known as “Question 4” became Chapter 334 of the Acts of 2016. It created General Laws Chapter 94G which governs the adult use of marijuana and creates the Cannabis Control Commission (Commission). Chapter 334 and G.L. c.94G was amended by Chapter 55 of the Acts of 2017. These laws are herein referred to as The 2017 Act, unless otherwise noted.
What kind of business license can I apply for?
The following license types are available:
- Craft Marijuana Cooperative
- Independent Testing Laboratory
- Marijuana Cultivator
- Marijuana Microbusiness
- Marijuana Product Manufacturer
- Marijuana Research Facility
- Marijuana Retailer
- Marijuana Third Party Transporter
- Marijuana Transporter with Other Existing Marijuana Establishment License
- Medical Marijuana Treatment Center
- Microbusiness Delivery Endorsement
- Standards Testing Laboratory
How can I get a license to grow or sell industrial hemp?
Under the law, industrial hemp can only be used for research purposes and for commercial purposes determined to be reasonable by the Commissioner of the Massachusetts Department of Agricultural Resources (DAR). The Massachusetts DAR is the agency responsible for this process.
How much marijuana can I have?
If you are over 21 years old, you may possess up to one ounce of marijuana on your person, except that not more than five grams of marijuana may be in the form of marijuana concentrate. In your home, you may possess up to 10 ounces of marijuana and any marijuana produced by plants cultivated on the premises. Any amount of marijuana or marijuana products over one ounce kept within your place of residence must be secured by a lock. Failure to keep marijuana and marijuana products in excess of one ounce locked up within the home may be punished by a civil penalty of up to $100 and forfeiture of the marijuana. See Know the Laws.
Can I smoke or consume adult-use marijuana products in public?
No, you cannot smoke adult-use marijuana in a place where you are prohibited from smoking tobacco and you cannot consume adult-use marijuana in a public place. The civil penalty is up to $100. See Know the Laws. Cities and towns may pass bylaws or ordinances authorizing exceptions in certain areas for social consumption.
Can I grow my own marijuana in my home?
Yes. The law allows an individual over 21 years of age to grow up to six plants in their home. If there are other individuals over 21 years of age living in the residence who wish to grow, the maximum number of plants that may be grown in a residence is 12 plants. The plants must be grown in an area that is equipped with a lock or security device. The plants cannot be visible from a public place without the use of binoculars, aircraft or other optical aids. An individual cannot produce cannabis-based extracts or concentrates at home by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit. See Home Cultivation.
Can I drive with marijuana in my car?
Like alcohol, you may not have an open container of adult-use marijuana/marijuana products in the passenger area of your car while on the road or at a place where the public has access. An “open container” includes a package with its seal broken or a package from which the contents have been partially removed. The “passenger area” does not include a trunk or a locked glove compartment. The 2017 Act does not change the existing penalties for operating a car if you are impaired by the use of marijuana or marijuana products. You are strictly prohibited from consuming marijuana while operating a car. For specific information, see MGL c.90 § 24.
Can I smoke or consume adult-use marijuana/marijuana edibles at work?
An employer may restrict the consumption of marijuana in the workplace.
Can my city or town ban adult-use marijuana facilities?
Yes, but if your town voted for Question #4 on the 2016 state election ballot, entitled: “Legalization, Regulation, and Taxation of Marijuana,” the city or town must pass the ban through a ballot referendum measure where all voters of their town/city would have an opportunity to vote.
Does the adult-use marijuana law impact medical marijuana registration?
Your status as a patient does not change under the adult-use law. Under the 2017 Act, the Medical Use of Marijuana Program transferred from the Department of Public Health to the Commission. See Patients and Caregivers.
What if I have a question not answered here?
You can email us at Commission@CCCMass.com. You may also attend one of our public meetings and address the Commission when public comment is on the agenda. Please note, however, that the Commission cannot provide individual legal advice. Our meeting schedules, locations, and agendas are available here on our website.
What cities and towns have been designated as areas of disproportionate impact?
Based primarily on arrest rates, the Commission has designated 29 cities as areas of disproportionate impact. Cities with a population of more than 100,000 people, such as Springfield and Worcester, will be subdivided to reflect that only certain neighborhoods qualify as areas of disproportionate impact.
Notice: Asterisks notes that certain neighborhoods to be designated by the Commission.
- Fall River
- New Bedford
- North Adams
- West Springfield
May I be exempt from the energy efficiency and equipment standards for horticultural lighting, HVAC, and dehumidification systems if I annually purchase and retire alternative or renewable energy credits to offset 100% of my Cultivation Facility’s onsite (nonrenewable) energy use?
No. To qualify for exemption, the Cultivation Facility must first demonstrate that at least 80% of all energy generated onsite derives from an eligible onsite renewable source. The facility must then document that it has purchased and retired renewable or alternative energy credits representing the remaining portion, if any, of energy generated offsite. This means that the Cultivation Facility would, at most, be expected to purchase or retire energy credits offsetting 20% of energy usage in order to qualify for exemption.
When do I provide my energy compliance letter to the Cannabis Control Commission (Commission) if I am a Cultivator who already has a provisional license and has already completed Architectural Review?
Licensees who have completed Architectural Review but have not yet received a final license should submit their energy compliance letter or their energy compliance exemption letter (if eligible) to their assigned Investigator or Compliance Officer during the Post-Provisional License Inspection process.
I am thinking about filing an application for initial licensure. Do I need to comply with the energy efficiency regulatory standards at the time of application?
All applications submitted on or after July 1, 2020 must satisfy the energy efficiency standards and reporting requirements described in the Compiled Energy and Environmental Guidance if they are not otherwise exempted. Initial applications for licensure submitted before July 1, 2020, that do not yet have a final license must comply with those same requirements effective July 1, 2020, unless the applicant or licensee is otherwise exempted.
The regulations state that Horticultural Lighting Power Density cannot exceed 36 watts per square foot, or 50 watts per square foot for Tier 1 or Tier 2 Cultivators. Does “square foot” refer to the square footage of the canopy?
Horticultural Lighting Power Density is a measure of total watts of Horticultural Lighting Equipment per total Horticultural Lighting Square Footage (HLE/HLSF = HLPD) expressed as number of watts per square foot. Agency regulations define Horticultural Lighting Square Footage to mean canopy.
Does the square footage calculation for the Horticultural Lighting Power Density requirement extend to all crop growth areas in the facility to include areas dedicated to mother plants, clones, vegetation, and flower?
No. Commission regulations define Horticultural Lighting Square Footage to mean canopy. Canopy is measured using clearly identifiable boundaries of all areas that will contain mature plants at any point in time. The Massachusetts Seed-to-Sale Guidance defines mature plants as plants greater than eight inches tall and defines immature plants as a non-flowering plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling. Consistent with the definition of canopy, the Horticultural Lighting Square Footage extends to all growth areas in the facility that will contain mature plants at any point in time. Therefore, the agency does not consider areas solely dedicated to the cultivation of immature plants part of the Horticultural Lighting Square Footage.
Does the measurement of canopy include aisles or walkways?
No. Aisles and walkways are not counted as part of the canopy (Horticultural Lighting Square Footage) calculation. If a licensee intends to use tables for cultivation, then the length and width of each table is factored into the canopy measurement. If the licensee intends to use rows for outdoor cultivation, then the length and width of each row is factored into the canopy calculation.
Is there another list of approved lighting technologies, in addition to the Horticultural Qualified Products list?
At this time, the Horticultural Qualified Products list is the only list of lighting technologies approved for purposes of meeting the horticultural lighting requirement in 935 CMR 500.120(11)(b)2 and 501.120(12)(b)2. Licensees seeking to use horticultural lighting not included on the Horticultural Qualified Products list must submit a Waiver Request Form supported by third-party certification of the energy efficiency features of the alternative lighting equipment proposed.
Will licensees be able to digitally transmit their Cannabis PowerScore report directly to the Commission?
No. Licensees will download the Cannabis PowerScore report as a PDF file and will include that document as an attachment to their renewal application.
Are biogas-driven chillers that reduce electricity use eligible for exemptions from the regulatory requirements for horticultural lighting, HVAC, and dehumidification systems?
Yes, biogas-driven systems that qualify for Alternative Energy Portfolio Standard (APS) as a Renewable Thermal Generating unit are eligible. Exemptions are available to Cultivation Facilities that generate 80% or more of their total annual onsite energy use for all fuels from either a clean or renewable energy generating source or renewable thermal generation as provided in M.G.L. c. 25A § 11F and 11F½. A “clean or renewable resource” should be understood to refer to renewable energy generating sources, as provided in M.G.L. c. 25A, § 11F and regulations promulgated thereunder, or renewable thermal generating sources, as provided in M.G.L. c. 25A, § 11F½ and regulations promulgated thereunder. Renewable Thermal Generation Unit is defined by 225 CMR 16 – see APS Renewable Thermal Statement of Qualification Application and Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal Generation Units. Projects would not be eligible for an exemption if they chose to qualify under the APS as a combined heat and power system; they must qualify as a renewable thermal generation system.
Will the Commission consider overall energy-use intensity targets as a basis for exemption from specific regulatory requirements for horticultural lighting, HVAC, and dehumidification systems?
No. Indoor Marijuana Cultivators may be exempt from the lighting and HVAC/dehumidification requirements upon demonstrating that the licensee is generating 80% or more of the total annual onsite energy use for all fuels (expressed on a MWh basis) from an onsite clean or renewable generating source or renewable thermal generation. Additionally, the Marijuana Establishment must document that renewable energy credits or alternative energy credits representing the portion of the licensee’s energy usage not generated onsite (maximum of 20%) have been purchased and retired on an annual basis. In general, licensees may submit waivers seeking exemption from regulatory requirements by submitting a Waiver Request Form to Licensing@CCCMass.com.
What are the Commission’s working definitions of “upgrades,” “renovations,” or “expansions” for determining when Marijuana Cultivators must create procedures for identifying energy savings opportunities?
The Commission does not have working definitions of those terms. If the facility upgrade, renovation, or expansion contemplated by the licensee would require the licensee to file a Structural Change Request Form with the Commission, then procedures for identifying energy-savings opportunities must be developed accordingly.
Can a Cultivation Facility qualify for exemption from the horticultural lighting and HVAC/dehumidification requirements if they are required to sell any renewable energy generated onsite back to the electric grid, instead of directly utilizing the energy generated?
Yes. Marijuana Cultivators may qualify for exemption from the lighting and HVAC/dehumidification requirements upon demonstrating that the licensee is generating 80% or more of the total annual onsite energy use for all fuels (expressed on a MWh basis) from an onsite clean or renewable generating source or renewable thermal generation. Any requirement to sell the renewable energy generated onsite back to the electric grid does not negate the licensee’s qualification for the exemption. Additionally, however, Marijuana Cultivators must document that renewable energy credits or alternative energy credits representing the portion of the licensee’s energy usage (maximum of 20%) not generated onsite have been purchased and retired on an annual basis.
Who can apply for a Delivery-Only license?
Delivery-Only licenses and Delivery Endorsements are limited, on an exclusive basis, to businesses controlled by, and with majority ownership comprised of, Certified Economic Empowerment Priority Applicants or Social Equity Program Participants for a period of at least 24 months from the date the first Delivery-Only licensee receives a notice to commence operations.
Delivery Endorsements are currently limited to businesses that meet the same ownership and control requirements as above and are also licensed Marijuana Microbusinesses.
Can a Delivery-Only applicant or licensee have, or obtain, a Marijuana Retailer license?
Yes. A Delivery-Only applicant or license can have or obtain a Marijuana Retailer license.
Please note that for the purposes of license limitations, Delivery-Only licenses will be counted as a Marijuana Retailer. Therefore, no person or entity may be a Person or Entity Having Direct or Indirect Control, as defined by 935 CMR 500.002, over more than three (3) Marijuana Retailer and Delivery-Only licenses combined. For example, XYZ Corp. will reach its three (3) license limit for Marijuana Retailers once it obtains two (2) Marijuana Retailer licenses and one (1) Delivery-Only license.
What is the application process to apply for a Delivery-Only license?
For an applicant to receive a Delivery-Only license, they must complete two (2) applications that will occur in two (2) phases: (1) pre-certification application, and (2) provisional license application. All applicants will be required to complete both applications in phases. Phase 1 is completing the pre-certification application. Once you receive an approval letter stating you are pre-certified, you will be able to start and finish Phase 2 which is completing the provisional license application.
What is required to be submitted as part of the pre-certification application?
The following is a list of application requirements for the pre-certification application:
- Information about the business:
- Legal business name;
- Tax identification number;
- Contact information;
- Disadvantaged business enterprise information, if applicable; and
- Certified Economic Empowerment Priority Applicant and Social Equity Program Participant certification numbers (these numbers start with either “EE” or “SE”)
- Information pertaining to Persons and Entities Having Direct or Indirect Control as defined in 935 CMR 500.002;
- Business interests in other jurisdictions, and within Massachusetts, of any Persons and Entities Having Direct or Indirect Control;
- Background check and contact information for any Persons and Entities Having Direct or Indirect Control;
- Upload a business plan and a plan for obtaining limited liability insurance. All applicants are required to submit a plan for obtaining liability insurance that satisfies the regulatory requirements. Applicants do not have to obtain any insurance policies until licensed. However, each applicant is required demonstrate in their plan that they will obtain, once licensed, a policy that shall include general liability and product liability insurance coverage of no less than $1 million per occurrence and $2 million in aggregate annually. The deductible for each policy can be no higher than $5,000 per occurrence; and
- Upload operating policies and procedures that comply with the Cannabis Control Commission’s (Commission) regulations including the following:
- Security plan pertaining to delivery;
- Transportation plan;
- Inventory plan;
- Plan to prevent diversion;
- Storage plan;
- Delivery plan;
- Quality control and testing;
- Record-keeping procedures;
- Maintenance of financial records;
- Qualifications and intended trainings for personnel;
- Personnel policies;
- Dispensing procedures.
Applicants are encouraged to review the Commission’s Guidance on Licensure for further clarification on application requirements located here.
What is required to be submitted as part of the provisional license application?
- Amend or supplement any outdated information from what was submitted in the precertification application;
- Disclose the proposed location of the Delivery-Only license and submit property interest documentation;
- Disclose capital resources along with supporting documentation;
- Disclose, if known, all current agreements between the applicant and Third-Party Technology Platform Providers and Marijuana Retailers;
- Submit additional documentation which includes the following:
- Certification of Host Community Agreement;
- Community Outreach Meeting attestations and documentation;
- Plan to remain compliant with local ordinances;
- Positive Impact Plan;
- Diversity Plan;
- Bond or escrow account;
- Background authorization forms;
- Certificates of good standing from the Department of Revenue, Secretary of the Commonwealth, and Department of Unemployment Assistance; and
- A proposed timeline to become operational.
Will I have to re-enter the information from the pre-certification application into the provisional license application?
No, you will not need to re-enter this information. When you start your provisional license application, the previously submitted information will transfer from your approved precertification application.
However, you will need to amend any outdated information previously disclosed. Additionally, you will need to add to the previously submitted information if items have changed, i.e., if new individuals are associated with your application.
What is the application fee for a Delivery-Only license and when do I pay it?
Currently, there is no fee. The application fee for a Delivery-Only license application is $1,500; however, as the application is only available to Certified Economic Empowerment Priority Applicants and Social Equity Program Participants, the fee will be automatically waived.
What is the license fee for a Delivery-Only license and when do I pay it?
Currently, the annual license fee is $5,000. Certified Economic Empowerment Priority Applicants and Social Equity Program Participants receive a 50% reduction in annual license fees and will be required to pay $5,000. The required annual license fee will be $10,000 for non-Certified Economic Empowerment Priority Applicants and Social Equity Program Participants. If approved, the applicant will be required to pay the appropriate license fee.
How long is my pre-certification valid for?
Pre-certified applications are valid for 12 months from the date of the approval notice. Applicants must start the provisional license application within 12 months from when they were pre-certified; otherwise, a new pre-certification application will need to be completed and approved.
What is the application process to apply for a Delivery Endorsement?
Licensed Marijuana Microbusinesses may electronically submit a Delivery Endorsement application in the Massachusetts Cannabis Industry Portal (MassCIP). This application process contains one application instead of the two-part application process for Delivery-Only licenses. Delivery Endorsements are subject to the exclusivity provisions established in 935 CMR 500.050(10)(b) and are therefore only available to Certified Economic Empowerment Priority Applicants and Social Equity Program Participants at this time.
What is required to be submitted as part of the Delivery Endorsement application?
The applicant will confirm certain business information. In addition to that confirmation, applicants for a Delivery Endorsement will have to submit the following information:
- Plan to remain compliant with local ordinances relating to delivery;
- Delivery plan;
- Security plan for delivery; and
- Agreements with Third-Party Technology Platforms.
What is the application fee for a Delivery Endorsement and when do I pay it?
Currently, there is no fee. As Delivery Endorsements are only available to Marijuana Microbusinesses with a majority ownership comprised of Certified Economic Empowerment Priority Applicants and/or Social Equity Program Participants for an exclusive period, the application fee is waived.
The application fee for Delivery Endorsements is $500 for non-Certified Economic Empowerment Priority Applicants and Social Equity Program Participants. This fee is paid prior to submission of the application.
What is the license (or endorsement) fee for a Delivery Endorsement and when do I pay it?
The annual license fee for Delivery Endorsements is $5,000. However, as Delivery Endorsements are only available to Marijuana Microbusinesses with a majority ownership comprised of Certified Economic Empowerment Priority Applicants and/or Social Equity Program Participants for an exclusive period, the license fee is reduced by 50% and will be $2,500.
Additionally, as the endorsement is tied to the license, the fee will be prorated based on the remaining time on the license. This fee is required to be paid upon approval by the Commission.
Where can I get more information about satisfying the application requirements?
Information about all license application requirements can be found in the Commission’s Guidance on Licensure located here.
Where can I get more information about the licensing process?
Information about the licensing process can be found in the Commission’s Guidance on Licensure located here.
What is the difference between a Delivery-Only license and a Delivery Endorsement?
A Delivery-Only license is a distinct business license type for businesses that plan to deliver marijuana projects, not to cultivate, retail, or manufacture products. Businesses seeking to obtain a Delivery-Only license will need to provide the same information as all other license types but in phases.
A Delivery Endorsement is available to Marijuana Microbusinesses licensees. It is an endorsement, or expanded permission to perform delivery operations, added to the existing license. It is like having a driver’s license for a car and then getting permission to operate a motorcycle and receiving a motorcycle endorsement.
What is a “Third-Party Technology Platform Provider?”
A Third-Party Technology Platform Provider is an individual or entity that provides or hosts an internet-based application or group of applications developed for the facilitation of ordering and delivering marijuana and marijuana products by a Delivery-Only licensee or a Microbusiness with a Delivery Endorsement to a consumer, patient, or caregiver.
Can a Delivery-Only licensee deliver adult and medical marijuana product?
Yes. A Delivery-Only licensee may contract with Marijuana Retailers and/or Medical Marijuana Treatment Centers (MTCs) to deliver product to consumers, patients, or caregivers. Product from an MTC can be delivered to patients and caregivers. Products from a Delivery-Only licensee can be delivered to adult consumers, patients, and caregivers.
Where do I apply for a Delivery-Only license or Delivery Endorsement?
Applications will be available electronically in MassCIP located here. Businesses seeking a Delivery-Only license will be able to view the pre-certification application. Marijuana Microbusinesses seeking a Delivery Endorsement will be able to view the Delivery Endorsement application.
All applicants will be required to have a user account set up to access MassCIP. You can create a user account here. Online tutorials are available regarding the navigation and use of MassCIP located here.
Which communities may receive deliveries? Why aren’t Delivery-Only licensees allowed to deliver to consumers in municipalities that have not allowed retail operations or opted in for delivery operations?
The law allows municipalities, in some cases, to restrict certain Marijuana Establishments from operating within their borders. In light of this legal requirement, the Commission has adopted regulations to allow delivery in only the following locations:
- The municipality in which the licensee is located;
- Any municipality which allows for retail operations whether or not a Marijuana Retailer is operational; and
- Any municipality that has notified the Commission that delivery may operate within its borders.
Applicants, licensees, and consumers can view which municipalities have allowed delivery and retail operations by reviewing the Commission’s Municipal Zoning Tracker located here.
What defines the delivery-only business location? Is it where you house your vehicle(s)?
For purposes of Delivery-Only applicants and licensees, the business location is the location where the vehicle(s) are housed, delivery orders are received, vehicles are dispatched from every day, and where employees will monitor delivery vehicles in transport through GPS and reporting requirements.
The location should be in a municipality that has allowed retail or delivery operations and appropriately zoned. The location should have a building that allows for the “back office” operations of a Delivery-Only license such as where delivery orders are received, vehicles are dispatched from every day, and where employees will monitor delivery vehicles in transport through GPS and reporting requirements.
Delivery-Only license applicants will provide their location information in their provisional license application after being pre-certified.
Does the delivery business need to sign a Host Community Agreement (“HCA”) with every community in which their residents will receive a delivery?
No. All applicants, including those applying for Delivery-Only licenses, must submit certification of an executed HCA with the city or town in which their business will be located.
Will consumers pay the Delivery-Only licensee for the entire order or just for the delivery fee?
It is up to the Delivery-Only licensee and the Marijuana Retailers it contracts with to determine when and how the consumer pays.
Are there limits on the number of Marijuana Establishments with which a Delivery-Only licensee can do business?
No, a Delivery-Only licensee does not have a limit on the number of Marijuana Retailers or MTCs that it contracts with to perform deliveries. A Delivery-Only licensee shall have a delivery agreement executed between themselves and a Marijuana Retailer or MTC prior to performing deliveries.
Can Delivery-Only licensees mix products from different Marijuana Retailers or MTCs into a consumer’s individual order?
Yes, as long as the order does not exceed the individual possession limits. A Delivery-Only licensee or a Marijuana Establishment with a Delivery Endorsement shall only deliver one individual order, per consumer, during each delivery. A Delivery-Only licensee or a Marijuana Establishment with a Delivery Endorsement shall not deliver to the same consumer at the same residence more than once each calendar day.
May a Delivery-Only licensee contract with a Marijuana Retailer to complete the pre-verification process for consumers who intend to place delivery orders?
Yes. Delivery-Only licensees may contract with a Marijuana Retailer for the Marijuana Retailer to complete the pre-verification process for the Delivery-Only licensee’s intended consumers.
A Delivery-only licensee is prohibited from performing a delivery to any consumer who has not established an account for delivery through pre-verification of the consumer’s identification by the Marijuana Retailer. A Marijuana Establishment with a Delivery Endorsement is prohibited from performing a delivery to any consumer who has not established an account for delivery through pre-verification of the consumer’s identification through a Commission-approved electronic means.
Can delivery companies use third-party applications instead of cash payments for safety reasons?
Yes. Third-Party Technology Platform Providers may assist in the facilitation of ordering and delivering marijuana and marijuana product. Any agreements with these providers must be disclosed in the application, or alternatively, when such agreements are made.
At what point can Certified Economic Empowerment Priority Applicants or Social Equity Program Participants liquidate their ownership over the Delivery-Only license?
Delivery-Only licenses are available to Certified Economic Empowerment Priority Applicants and Social Equity Program Participants for an exclusive period of at least 24 months from the date the first Delivery-Only licensee receives notice to commence operations. The Commission may extend the period past 24 months. Certified Economic Empowerment Priority Applicants and/or Social Equity Program Participants must have, and maintain, majority ownership over this license type during the entire exclusivity period.
Does the licensee with which you contract to obtain product for delivery need to be a Marijuana Retailer?
Yes, Delivery-Only licensees can only contract with Marijuana Retailers and/or MTCs to deliver the Marijuana Retailers’ and/or MTC’s marijuana and marijuana products to consumers, patients, or caregivers.
Can Delivery-Only licensees wholesale product from Marijuana Product Manufacturers and Marijuana Cultivators?
No. Delivery-Only licensees can only contract with Marijuana Retailers and/or MTCs to deliver the Marijuana Retailer’s and/or MTC’s marijuana and marijuana products to consumers, patients, or caregivers.
When does a background check and fingerprinting occur with a Delivery-Only license application?
There are three parts to the background check and fingerprinting.
First, applicants will disclose all background check information in the pre-certification application. This step is not a full background check or clearance. The information at this stage will be reviewed as part of the pre-certification process. Based on the results of this stage, an applicant will have some knowledge about any suitability issues.
Second, when applicants complete the provisional license application, applicants must submit background check authorization forms and update background check history events.
Third, when the provisional license application is deemed complete, the Commission staff will notify applicants to submit the background check fee to Creative Services, Inc. and complete the fingerprint examination.
Does the Commission accept waivers on the body camera requirement or the requirement to have two agents in the delivery vehicle?
Yes, an applicant or licensee can request a waiver from any regulatory requirement. The waiver request form is available on the Commission’s website located here. Commission staff reviews all waiver requests and recommends approval or denial of the waiver to be considered by the Executive Director. The applicant or licensee will be notified by email when a decision has been made.
Who is eligible to apply for and invest in Delivery-Only licenses?
Delivery-Only licenses are limited, on an exclusive basis, to businesses controlled by and with majority ownership comprised of, Certified Economic Empowerment Priority Applicants or Social Equity Program Participants for a period of at least 24 months from the date the first Delivery-Only licensee receives a notice to commence operations.
Other individuals and entities may contribute capital resources. However, majority ownership must be comprised of, and maintained, by Certified Economic Empowerment Priority Applicants or Social Equity Program Participants for a period of at least 24 months from the date the first Delivery-Only licensee receives a notice to commence operations. All individuals and entities are subject to the license limitations in 935 CMR 500.050.
Can a Marijuana Microbusiness with a Delivery Endorsement deliver other Marijuana Establishment’s marijuana products?
No, a Marijuana Microbusiness with a Delivery Endorsement is authorized to deliver only its marijuana products to consumers.
May an agent of a Delivery-Only licensee enter a Marijuana Retailer, with whom they have a delivery-only agreement, from an employee-only entrance to make a pickup without a registered agent badge for that particular Marijuana Retailer?
Yes, however, the Marijuana Retailer must follow visitor procedures.
Will a Delivery-Only licensee have to undergo an inspection once provisionally licensed?
Yes. The Commission staff will provide the licensee a notice once provisionally licensed along with a request form for a Post-Provisional License Inspection (“PPLI”). This inspection will ensure your vehicle(s) and standard operating procedures, among other items, comply with the Commission’s regulations. After successfully completing the PPLI, the Delivery-Only applicant would move to final license approval.
Can a Delivery-Only licensee perform other marijuana-related activities such as packaging, repackaging, and/or preparing orders for delivery?
No, Delivery-Only licensees can only pickup and deliver packaged marijuana and marijuana products.
Can a Delivery-Only licensee rent their delivery vehicle?
No. The licensee must either own their vehicle or lease it from a private party. The vehicle must be properly registered to the licensee as a commercial vehicle. Applicants and licensees who lease vehicles from private parties may need to list the person or entity leasing the vehicle to the licensee in their application if the person or entity will be a Person or Entity with Direct or Indirect Control. This term is defined in the Commission’s regulations here.
Can a Microbusiness licensee located in a municipality that does not permit retail sales and has not “opted in” to allow for delivery obtain a Delivery Endorsement?
No. The local municipality must either allow retail operations or “opt in” to allow delivery operations. A municipality can “opt in” after receiving notice from the Commission and stating that delivery may operate within its borders.
Applicants, licensees, and consumers can view which municipalities have allowed delivery and retail operations by reviewing the Commission’s Municipal Zoning Tracker located here: https://mass-cannabis-control.com/municipaltracker.
Can a Delivery-Only licensee deliver products other than marijuana (i.e. accessories, clothing, novelty, or promotional items)?
No, but this change is being considered by the Commission in its ongoing regulatory discussions.
How many registered agents must be in the vehicle when performing deliveries?
Two (2) registered agents must be in the delivery vehicle when performing home deliveries. At least one (1) registered agent must always remain in the vehicle.
Are Delivery-Only licensees able to deliver their own product from their manufacturing license?
Microbusinesses with Delivery Endorsements are allowed to deliver their product to consumers, however, Delivery-Only licensees must obtain marijuana and marijuana products from Marijuana Retailers or an MTC’s dispensing location only.
Can Delivery-Only licensees “stack” deliveries within one trip?
Yes. Delivery-Only licensees may obtain marijuana and marijuana products from multiple Marijuana Retailers and MTCs to deliver to consumers, patients, and caregivers. The maximum retail value of marijuana and marijuana product in the vehicle at one time is limited to $10,000.
Can a person come to the delivery vehicle to pick up their order?
No. The Delivery-Only licensee’s agent must deliver the product to the consumer’s residence, house, condominium, or apartment.
Who can receive deliveries and how much can be delivered?
Consumers who are 21 years or older may receive deliveries for adult-use marijuana and marijuana products. Consumers must be pre-verified with the Marijuana Retailer filling the order.
Additionally, consumers are limited to one (1) ounce of marijuana or its combined dry weight equivalent in marijuana concentrate or edible marijuana products per day. One (1) ounce of marijuana flower shall be equivalent to five (5) grams of active tetrahydrocannabinol (THC) in marijuana concentrate including, but not limited to, tinctures. One (1) ounce of marijuana flower shall be equivalent to 500 milligrams of active THC in edible marijuana products.
What happens if there is a car accident or other emergency during a delivery?
In the case of an emergency stop during the delivery, a log must be maintained describing the reason for the stop, the duration, the location, and any activities of personnel exiting the vehicle. The Marijuana Establishment agents in the vehicle shall provide notice to the licensee of the location of the stop, seek assistance, and employ best efforts to remain in contact with their employer.
Marijuana Establishment agents shall report to the Commission and Law Enforcement Authorities any vehicle accidents, diversions, losses, or other reportable incidents that occur during transport, not more than 24 hours of such accidents, diversions, losses, or other reportable incidents.
If we are only transporting from retailer to consumer, why do we need a location?
Every business must provide a physical business location within a municipality under the law. For purposes of Delivery-Only applicants and licensees, this will be the location where the vehicle(s) are housed, delivery orders are received, vehicles are dispatched from every day, and where employees will monitor delivery vehicles in transport through GPS and reporting requirements.
What will the Commission require for a location?
The Commission has several requirements in the license application for a location of a Delivery-Only licensee:
- Disclosure of the address;
- Property interest documentation (i.e. lease, title of the property, a binding letter of intent to use the property);
- Host Community Agreement;
- Community Outreach Documentation; and
- Plan to Remain Compliant with Local Ordinances.
The location should be in a municipality that has allowed retail or delivery operations and is appropriately zoned. The location should have a building that allows for the “back office” operations of a Delivery-Only license from which delivery orders are received, vehicles are dispatched daily, and where employees will monitor delivery vehicles in transport through GPS and reporting requirements.
Can an entity with a Marijuana Retailer location apply for a Delivery-Only license? If so, do they need to have an additional location for the delivery-only business?
Yes, a Marijuana Retailer can apply for a Delivery-Only license subject to the license limits (three combined between the two license types) and if the business has a majority ownership comprised of Certified Economic Empowerment Priority Applicants and/or Social Equity Program Participants.
A licensee who has both a Marijuana Retailer and Delivery-Only license is allowed to operate from the same facility.
Are there any rules for where the vehicles need to be parked when they do not have marijuana in the vehicles?
Yes. The delivery vehicles may be parked overnight at the address identified as the licensee’s place of business or another location, provided that keeping the vehicle at the identified location complies with all general and special bylaws of that municipality.
Does an adult-use Delivery-Only licensee have to use its own drivers or can they use the Marijuana Retailer’s drivers? Is there an option to use a combination of both methods?
The drivers performing adult-use deliveries on behalf of a Delivery-Only licensee must be active registered agents and employees of the Delivery-Only licensee.
Why is general liability and product liability insurance coverage needed?
The Commission, in their regulations, require all vehicles used for delivery by a Delivery-Only licensee or a Marijuana Establishment with a Delivery Endorsement to carry liability insurance in an amount not less than $1,000,000 combined single limit. The purpose of liability insurance is to cover the business due to unforeseen circumstances.
May a Delivery-Only licensee who has an existing delivery agreement with a Marijuana Retailer licensee (who also has a product manufacturing license) pick up finished product from the licensed cultivation or manufacturing facility if it is earmarked for that same licensee’s own retail facility?
No. All marijuana and marijuana product orders for delivery must be picked up at a Marijuana Retailer facility.
Can a Social Equity Program Microbusiness invest in other Social Equity Program Participants or Certified Economic Empowerment Priority Applicant businesses?
A Microbusiness licensee must comply with the limitations in 935 CMR 500.050, which prohibits persons and entities associated with the Microbusiness from being a Person or Entity Having Direct or Indirect Control for any other Marijuana Establishment except a Social Consumption Establishment. However, this does not prohibit all investment.
What criteria will be used to determine whether the exclusivity period will be extended beyond 24 months?
At least eight (8) months before the end of the exclusivity period, the Commission will begin evaluating data to determine whether the goals of the exclusivity period have been met. The criteria for evaluation will include:
- Overall rates of participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement of the law;
- Overall rates of participation in the regulated Marijuana industry by people of color;
- Licenses granted to businesses with majority ownership comprised of Certified Economic Empowerment Priority Applicants and Social Equity Program Participants;
- Number of registered agents who are Social Equity Program Participants;
- Number of Delivery-only licensees in operation and business performance relative to other Marijuana Establishments;
- Financial feasibility of continued participation in the regulated Marijuana industry by communities that have previously been disproportionately harmed by Marijuana prohibition and enforcement of the law if exclusivity period ends; and
- Any other information the Commission determines relevant.
Can seeds and clones be delivered?
May a Microbusiness with a Delivery Endorsement also hold a Delivery-Only license?
What does it mean by a transportation plan?
All applicants must demonstrate knowledge and compliance with standard operating procedures including a transportation plan. 935 CMR 500.145(4) and (5) outline transportation requirements for Delivery-Only license applicants. Some of these requirements include the need to have a properly registered vehicle, remaining within the Commonwealth when delivering and having randomized routes, GPS tracking, transportation logs, and requirements around manifests.
Do the operating procedures need to be separated into sections, or can they be merged? For example, can the “plan to prevent diversion” be part of the “delivery plan” section?
Each required plan must be uploaded as its own separate PDF and properly labeled; they cannot be merged.
What restrictions are in place to prevent retailers or third-party companies from controlling delivery-only businesses?
Marijuana Retailers or other licensees who violate the ownership and control limitations in 935 CMR 500.050 are subject to penalties up to, and including fines, suspension, and revocation of their license.
Delivery-Only licensees and Microbusinesses with Delivery Endorsements may work with Third-Party Technology Platform Providers which provide or host internet-based applications for the facilitation of ordering and delivering cannabis. All agreements between a delivery business and a third-party technology provider, however, shall be available for inspection and are subject to the control limitations under 935 CMR 500.050.
What can I expect when my pre-certification application is deemed complete?
When a pre-certification application is deemed complete, a recommendation is made to the Executive Director to approve the applicant as pre-certified if no outstanding issues are identified. The application will move to the “Applications Deemed Complete” queue within MassCIP. The applicant does not need to take any additional steps until notified by email from the Commission.
When the applicant is approved for pre-certification, a notice (including a copy of the precertification application) will be sent to the business email on the application explaining next steps which will include starting the next phase of the application—the provisional license application.
Can a Delivery-Only licensee store or warehouse marijuana or marijuana products?
No. All undeliverable, or refused, marijuana and marijuana products must be returned to originating Marijuana Establishment once all deliveries included on a manifest have been made. Marijuana and marijuana products cannot be held or warehoused by a Delivery-Only licensee overnight.
Is the Delivery-Only licensee required to pay local taxes on marijuana and marijuana products delivered to consumers?
No. The sale of marijuana and marijuana products originates, and is performed, by the Marijuana Retailer. The Marijuana Retailer is required to pay any local taxes for each product delivered by a Delivery-Only licensee. The local tax is paid to the Department of Revenue, and ultimately, disbursed to the municipality in which the Marijuana Retailer is located. The local tax applies only to sales, and not deliveries.
When a Delivery-Only licensee has completed all deliveries for the day, and does not need to return marijuana and marijuana product to another Marijuana Establishment, can the delivery agent return the vehicle to the principal place of business or an off-site location?
Yes. The Delivery-Only licensee may allow their agents to return the delivery vehicle to the principal place of business or an off-site location, if this location complies with local and special bylaws or ordinances. The delivery log required to be maintained pursuant to 935 CMR 500.145(4)(k) should track the mileage from the last delivery performed to the final location and a notation should be made indicating the return trip was to this final location.
During what hours can a Delivery-Only licensee perform deliveries?
Deliveries shall not occur between the hours of 9:00 p.m. and 8:00 a.m. unless explicitly allowed by municipal bylaw or ordinance.
The Commission held an Applicant Forum on January 23, 2020 to hear directly from applicants for licensure and all other constituents about their experience with Massachusetts’ licensing process. This Frequently Asked Questions (FAQ) document is a summary of the most frequently raised issues discussed during that session.
Comprehensive answers to many questions about Massachusetts’ Marijuana Establishment licensing process can be found in the Guidance on Licensure.
Social Equity Program-specific questions and answers are also covered here.
Please note: The Commission is prohibited from providing applicants with legal advice or business consultation.
Why is my application taking so long to be reviewed?
The Commission is committed to ensuring applications are reviewed for completeness and conform with state regulations and laws. Rather than give applicants only one opportunity to submit all their required materials before going to the Commission for a vote, Commission staff reopens applications and works with applicants to obtain all of the information needed before a recommendation is made to Commissioners to approve or deny the application. Applications may need to be reopened to get more information from the applicants. Incomplete applications cannot be approved. Commission staff are working as quickly as possible to process applications while maintaining a deep commitment to maintaining a safe and fair licensed industry.
State law mandates that Medical Marijuana Treatment Centers (MTCs) and Certified Economic Empowerment applicants receive priority review. Licensing Department staff follow state law by reviewing these applications first, followed by general applications. Recently, the Commission voted to grant expedited review status to other application categories. Expedited applications are those submitted by Social Equity participants, Marijuana Microbusiness applicants, Craft Marijuana Cooperative applicants, Independent Testing Laboratory applicants, Outdoor Marijuana Cultivator applicants, minority-owned businesses, women-owned businesses, and veteran-owned businesses.
Cannabis prohibition disproportionately affected my community and me, but I don’t see licenses going to this community. Does the Commission care about equity?
Yes. The Commission is committed to ensuring an equitable industry is developed in accordance with state law and its mission statement. Various policies and programs,
including the nation’s first statewide Social Equity Program, have been designed to address the disproportionate impact of the War on Drugs on certain populations and communities.
Certified Economic Empowerment applicants and Social Equity Program applicants receive benefits through the Commission, including the following:
- Priority or expedited review in the Commission’s licensing review process when a completed license application is received;
- Fee waivers;
- Pre-certification and exclusive access to social consumption and delivery licenses for two years when applications become available; and
- Exclusive access to certain license types
Qualified Social Equity Program participants also are eligible for training and technical assistance across four teaching tracks. The first cohort of program participants are expected to complete their training this spring. As noted above, the Commission also expedites the review of applications for certified Women-, Minority-, and Veteran-Owned businesses to the head of the licensing queue irrespective of their status as a Certified Economic Empowerment applicant or Social Equity Program participant.
To hold itself accountable on this issue, the Commission provides the public ongoing access to licensee and Marijuana Establishment (ME) agent data through the Commission’s Open Data Platform and regular data updates at monthly public meetings.
Can the Commission grant me a license before I have a business location?
No. In order to receive a license for an ME, applicants must have a location designated. Applicants must also have the approval of the municipality in which they are located, through a Host Community Agreement (HCA). The Commission does not require that the property is fully built-out at the time of application. After receiving a Provisional License, licensees may submit to the Commission an Architectural Review Plan. If approved, licensees may then build their facility.
Municipalities may have their own zoning and other local ordinances that must be complied with as well. Municipal information can often be difficult to find, so the Commission has created a Municipal Zoning Tracker to assist in locating that information. For more guidance on zoning or siting issues, we recommend you contact the municipality within which you hope to locate your business. You can locate the appropriate contact information by clicking
on the name of the municipality in the Municipal Zoning Tracker. The Commission has also developed a Guidance on Municipal Equity that offers guidance and tips to cities and towns.
Will the Commission consider waiving the requirement for an interest in property or real estate?
Social Equity Program participants as well as Certified Economic Empowerment applicants seeking a Social Consumption license may get pre-certified prior to submitting a full application. Pre- certification does not require a specific location or HCA to be submitted. Please note, however, that full applications require the entity be tied to a specific location, and often the various plans and policies are tied to that location. For instance, the Commission is concerned about how the entity intends to secure the specific facility and how the entity intends to positively impact the individuals that were disproportionately harmed in that region.
Why can’t I get pre-certified before I am required to complete the total application?
The pre-certification application will be available to those who wish to apply for Delivery- Only and Social Consumption Licenses when they become available. Please see page 40 of the Licensing Guidance for additional details.
Can the Commission assign an Application Manager to be a point-person for me and to ensure my application gets reviewed by only one individual?
Commission staff have reviewed the suggestion that applicants be assigned an individual Licensing Department staff member so that applicants know who to contact for more information and to get updates on their application reviews. Currently, applications are reviewed based on priority/expedited status and then by the time the application is initially received. Staff conduct supplemental reviews based in the same order and having an individual assigned to a single application could preclude staff from following this policy. The Commission recently increased personnel in the Licensing Department to meet demand and will continue to review applications quickly and thoroughly.
Why can’t dedicated Commission staff give advice to Certified Economic Empowerment applicants?
The Commission is a regulatory agency responsible for reviewing ME applications and determining whether the applications are compliant with Adult-Use (935 CMR 500.00) and Medical-Use (935 CMR 501.000) regulations. Our role as regulators prevents us from providing one-on-one guidance on how to write an application for any applicant, regardless of their status.
While we are prohibited from providing one-on-one consultation, the Commission can and does provide clarification on licensing requirements and our interpretation of the regulations
Can Certified Economic Empowerment applicants obtain confirmation or documentation demonstrating their status to be used in municipal and other interactions?
Yes. The Licensing Department has previously communicated with Certified Economic Empowerment applicants regarding how they may obtain this documentation. Please contact Licensing@CCCMass.com to receive this notice.
Can the Commission help me fill out my Social Equity Program application?
Yes, since the Social Equity Program is not a license type, the Commission is able to assist. The Commission is planning three clinic events in the coming months at computer labs across the Commonwealth in order to assist individuals with their Social Equity Program applications in real time. Please sign up for the Social Equity Program’s mailing list here to receive details when they are released.
Can the Commission work one-on-one with us to prepare our applications?
No. Please see Questions #6 and #7 above. The Commission has, however, developed an in- depth licensing guidance which aims to serve as a manual for the application process.
The Commission has also established a Social Equity Program that aims to provide eligible participants with training and technical assistance ranging from the application process to successfully operating any of the available license types. The Program also includes tracks for entry-level employment as well as ancillary business types. Applications for the second cohort of this program will be accepted until May 1, 2020.
Why isn’t there guidance for financing your business?
The Commission does not require you to have a specific or minimum amount of capital for your business, but we do ask you to disclose the amounts and sources of any capital. The Commission published a Guidance for Business for all license applicants in 2018. For best advice around business planning, however, the Commission recommends that applicants consult a licensed attorney, accountant, financial advisor, or other professional service, who can advocate for you and advise you on what is in your business’ best interests. Ultimately, it is the applicant’s responsibility to prudently finance their business in accordance with the law. Furthermore, the Commission is prohibited from providing applicants with direct legal advice or business consultation. Please note that many professional service providers, such as those listed above, may offer discounts or pro bono services to certain applicants (e.g. Certified Economic Empowerment applicants, Social Equity Program participants, disadvantaged business enterprises, etc.).
Why is only one business owner listed on the portal?
Typically, one person associated with the license application is listed as its primary contact within the Massachusetts Cannabis Industry Portal (MassCIP). The business email address provided is used for all correspondence between the applicant and the Commission during license application review.
The MassCIP shows all individuals and entities that have an ownership or control interest of 10% or more in an ME. Extensive records are kept regarding who is involved with the proposed business, along with their background information and required disclosures.
Why doesn’t the Commission host meetings around the state more often?
The Commission has hosted many meetings Commonwealth-wide and will continue to host public hearings throughout the state over the course of its regulatory development process. The agency recently moved its headquarters from Boston to Worcester, in large part because of its central location and accessibility to constituents throughout the Commonwealth. The Union Station headquarters and its public meeting space are accessible by public transit, including the commuter rail, and also has garage parking available. The Commission publishes all public meeting materials and livestreams its public meetings to its social media pages online so that those interested in viewing the meeting can watch if they cannot attend in person. Commission staff travel the state inspecting facilities and ensure that all licensees are in full compliance with the law.
Why are all MTCs allowed to get priority status instead of those who were already operational at the time the process began?
The law that established adult-use cannabis and the Commission (Ch. 55 of the Acts of 2017, 56) requires the Commission to give priority review status to MTCs and EEAs that received priority review status in April, 2018. The Commission adopted and implemented a policy in October 2019 that an applicant can only utilize its MTC priority status for an adult-use application where the proposed ME will be colocated with the MTC and perform the same type of operations.
Why can’t the Commission create a Social Equity Program fund?
The Commission does not have the legal authority to create a fund under state law. Only the Legislature has the authority to create laws and establish such funds. The Commission has, however, advocated for the establishment of such a fund.
Is there a cap to the number of investors we can have?
No. There is no limit to the number of investors for an application. Depending upon their involvement in the proposed ME or their percentage of ownership or control, however, they may be required to be listed on the application itself and be subject to the Commission’s background check. State law does, however, limit the number of licenses in which any entity or individual may have an ownership or controlling interest, so applicants and licensees are reminded to consider license caps when investing in or contracting with MEs. Please refer to the guidances for business and licensure for more information.
Can the Commission develop a timeline so applicants know when to expect these licensing decisions on their applications?
The Commission is finalizing a MassCIP update that will provide license applicants, and the public, with access to the application queue. This system will be publicly available and updated periodically to show an applicant’s progress in the licensing review process and queue.
This resource will detail whether an application is pending a review or was reopened to allow the applicant to provide new or updated information, and whether the application is receiving priority or expedited review. This information will help prospective licensees estimate the amount of time until they reach the next milestone in the process and anticipate business needs. Please sign up for our mailing list here to receive additional details on when this functionality will become available.
The Commission considers and reviews applications based on their submission date. Only those applicants that have been granted priority or expedited review would receive accelerated review of their materials. That status applies to both initial and any supplemental reviews.
Licensing inspections occur at the request of licensees based on the readiness of their facility. Once requested, the Commission will schedule a time for staff to visit the facility and inspect for compliance. Once an entity has commenced their operations, the Commission may also conduct periodic unannounced inspections.
Why can’t the background check happen earlier in the licensing process?
Background checks are initiated once an application has been deemed complete and occur largely at the expense of the applicant. Prior to being deemed complete, an application may be amended several times, and those amendments may pertain to individuals or entities with ownership or control. If the Commission were to initiate a background check prior to an application being deemed complete, the entity may incur additional and unnecessary expenses.
Historically, some forms associated with the background check, once executed, were valid for only short periods of times (e.g. 90 days). This would often result in forms expiring while the application was pending, and ultimately require the application to be reopened for new forms to be executed. However, based on updates to the Commission’s background check that occurred several months ago, the existing forms are now valid for at least one calendar year once executed.
Please also refer to Question #5. The Commission’s pre-certification process grants some applicants seeking Social Consumption and Delivery-Only Licenses with the ability to have their background checks conducted earlier in the application process.
Why do I have another Request for Information (RFI) when I already had one previously?
There is no limit to the number of RFIs an applicant may receive; RFI notices are based upon a staff determination that the information contained in the application at the time of review is not substantially in compliance with the adult or medical use of marijuana regulations. The RFI enables the Commission to inform applicants about the specific sections of the application that require further information, clarification, or editing in order to demonstrate compliance with the applicable regulations.
The Commission reviews each application in its entirety, including all three individual packets, before issuing an RFI and does not restrict or limit the amount of time an applicant has to resubmit their application. Once resubmitted, the application returns to the queue based on its original timestamp and would continue to enjoy its priority or expedited status, if applicable.
The Commission reopened my application because I used LLc vs. LLC…why?
The Commission has not reopened an application solely based on capitalization typos. If the Commission identifies other problems with an application that result in an RFI being issued, staff will identify typographical errors, inconsistent business names, or other similar errors as well as the primary problems with the application in the RFI in an effort to provide the applicant with a complete and comprehensive notice, and allow them to fix any issues while they are working on the application.
Why doesn’t the Commission allow for auto-fill or copy/paste of certain sections throughout the application?
The Commission recently updated MassCIP to allow for certain fields (e.g. company name) of the application to be automatically populated.
Why do I need to have a letter from the non-profit or charity that I intend to donate to indicating they would accept my donation?
A letter is needed because some non-profit or charitable entities, especially those that serve youth populations, are prohibited by law or contract from receiving funds from certain sources, such as firearms, tobacco, and alcohol. They may also prohibit donations from MEs, which would ultimately lead to an inability of a licensee to comply with specific provisions of their Plan to Positively Impact Disproportionately Harmed People.
Why did the Commission reopen my application to ask me about the size, shape, and flavor of my proposed edibles?
The Commission’s regulations expressly prohibit the manufacture or sale of edible products that are in the shapes of humans, animals, or fruits, or that may bear a likeness to cartoons or other artistic renderings. The packaging and labeling of such products may also not resemble products that are typically marketed to minors. As a result, applicants are asked to confirm that the products they intend to manufacture would not violate these various restrictions.
Why aren’t Social Consumption and Delivery Licenses available?
During its 2019 regulatory review, the Commission authorized a pilot program for a Social Consumption License and expects to start accepting license applications for adult-use cannabis delivery in the spring of 2020. A Delivery-Only License type will be offered exclusively for Certified Economic Empowerment Priority applicants, Social Equity Program participants, and Microbusinesses with a Delivery Endorsement from the Commission, for an initial period of two years. Delivery for adult-use cannabis consumers will be permitted in municipalities in which retail sales are permitted, delivery businesses are located, and those that notify the Commission that delivery is permitted within their borders. Please reference the Municipal Zoning Tracker for more information on individual municipalities.
Please note, however, that the Commission’s social consumption pilot program cannot begin without a change in state law that will first allow cities and towns to authorize social consumption in their communities.