Massachusetts Cannabis Control Commission Introduces New Delivery License | Foley Hoag LLP – Cannabis and the Law

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On Friday, May 28th, the Cannabis Control Commission (“CCC”) announced that Certified Economic Empowerment applicants and participants in the Social Equity Program (“EE / SE Participants”) received a pre-certification and license for the new Marijuana can apply for license from the delivery company. This is the second standalone delivery license EE / SE participants can apply for after the Marihuana Courier (formerly Delivery Only) license became available in May 2020.

The Marihuana Courier license allows licensees to deliver marijuana and marijuana products directly to consumers and patients, only from marijuana retail companies and medical marijuana treatment centers. However, the new Marijuana Delivery Operator license allows licensees to purchase marijuana and marijuana products directly from marijuana growers and product manufacturers and deliver those products directly to consumers. Marijuana delivery operators are also allowed to store marijuana and marijuana products on their premises, while marijuana couriers are not allowed to store the products overnight.

All delivery licensees are subject to strict regulations for delivery, including requirements for at least two agents in the delivery vehicle and the use of body cameras during deliveries. Marijuana delivery operators must also adhere to certain safety regulations regarding inventory, whitelabeling, wholesale, and sales.

The CCC has published draft regulations specifying where delivery services are available. Under these regulations, delivery is possible in a municipality where a licensee has declared its place of business, in any municipality that has approved adult retail trade in its jurisdiction, and in any municipality that has notified the CCC that delivery is in its jurisdiction.

Each of these delivery licenses will only be available to operators who are majority owned by EE / SE participants for at least three years. According to the CCC regulations, the three-year period begins on the date on which the first operator with a delivery license receives notification of the start of operations.

Approximately 500 applicants are currently eligible to purchase at least one of the three types of delivery license. On May 28, Freshly Baked, a Taunton-based cannabis company, became the first to hold a delivery license and over 60 EE / SE participants are already pre-certified for the Marijuana Courier license.