
Overview
On October 27, 2023, the Secretary of the Commonwealth promulgated historic new adult and medical use of marijuana regulations in accordance with Chapter 180 of the Acts of 2022, An Act Relative to Equity in the Cannabis Industry. Changes include the agency’s oversight of Host Community Agreements (HCAs), new municipal equity requirements, suitability reform, and a new designation of Social Equity Businesses for Licensees that are not yet participants in the agency’s existing programming but may be eligible for relevant benefits at the state and local levels. The Commission has since undertaken a robust implementation plan as new regulations begin to take effect. Below, you will find useful links and resources relative to the new regulations implemented as a result of Chapter 180.
Municipal Equity
Municipalities in Massachusetts must adopt local equity provisions to promote opportunities in the cannabis industry for people and communities who were disproportionately harmed by marijuana prohibition. These requirements may include prioritizing licensing or permitting for Social Equity Program (SEP) participants and Economic Empowerment Priority applicants (EEAs), fostering local business participation, and addressing disparities in access to the industry. Please note that Host Communities must have adopted local rules or bylaws to comply with 935 CMR 500.181(3) and 501.181(3) on or before May 1, 2024.
- Overview of Municipal Equity
- Guidance for Municipalities on Equity and Industry Participation
- Model Municipal Equity By-Law or Ordinance Template
- Social Equity Businesses (SEBs)
- Cities and towns hosting a Retailer that is designated as an SEB receive financial support through quarterly payments from the state. These payments, equal to 1% of the retailer’s total sales, are distributed by the state treasurer based on the sales generated within each municipality, ensuring local communities benefit directly from SEBs operating in their area.
To learn more about equity in the Massachusetts Cannabis Industry, please visit these helpful resources:
- Equity Programs at the Cannabis Control Commission
- The Social Equity Program (SEP)
- Massachusetts’ First-in-the-Nation, Statewide Social Equity Program: Rack Card
- Apply to Join the Nation’s First Statewide Social Equity Program: Rack Card
- Workforce Development in the Cannabis Industry: Rack Card
- Learn About Your Rights Regarding Your CORI, Expungement, and Sealing: Rack Card
- Cannabis Social Equity Trust Fund, administered by the Executive Office of Economic Development
Host Community Agreements
These agreements establish the terms and conditions under which a cannabis business operates within a community, including outlining any community impacts, public benefits, or mitigation measures. Municipalities and Applicants for Licensure enter into these contracts on their own accord and submit them to the Commission with the Application for Provisional Licensure in the Massachusetts Cannabis Industry Portal (MassCIP).
To learn more about HCAs, please visit these helpful resources:
Community Impact Fees
Community Impact Fees allow municipalities to offset costs associated with hosting cannabis establishments. Municipalities are required to document and explain how these costs are reasonably related to the operation of the Marijuana Establishment in the municipality. These costs may be submitted for reimbursement to the Marijuana Establishment and the Commission using the Form below and are capped at a total of 3% of the establishment’s gross sales.
Resources
Category | Title | Published Date |
---|---|---|
Chapter 180, Guidance Documents | Guidance on Community Impact Fees | 12/20/2024 1:20 pm |
Chapter 180, Forms & Templates | Host Community Cannabis Business Application Standard Evaluation Form | 12/20/2024 10:01 am |
Chapter 180, Forms & Templates | Community Impact Fee Invoice Form for Municipalities | 12/20/2024 9:58 am |
Chapter 180, Policy | Communication to Municipalities Regarding Municipal Equity | May 21, 2024 | 5/22/2024 11:11 am |
Chapter 180, Forms & Templates | Model Municipal Equity By-Law or Ordinance Template | 5/21/2024 3:04 pm |
Chapter 180, Guidance Documents | Guidance on Municipal Equity & Industry Participation | 5/21/2024 2:56 pm |
Chapter 180, Guidance Documents | Guidance on Host Community Agreements | 3/8/2024 2:47 pm |
Chapter 180, Forms & Templates | Host Community Agreement Waiver Form | 3/8/2024 2:40 pm |
Chapter 180, Forms & Templates | Model Host Community Agreement Template | 3/5/2024 10:59 am |
Chapter 180, Forms & Templates | Equitable Relief Request Form | 3/5/2024 9:13 am |
Chapter 180, Guidance Documents | Guidance on Licensure | 3/4/2024 4:57 pm |
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