Massachusetts Recreational Marijuana Delivery Companies Launch Operations

Partridge Snow & Hahn LLP

Partridge Snow & Hahn LLP

Massachusetts consumers finally have a new way to obtain recreational marijuana. In recent weeks, marijuana delivery services have started to operate in the Bay State. But customers are quickly learning that the process is not quite as easy as ordering products from Amazon or the local grocery store.

According to the Massachusetts Cannabis Control Commission (CCC), 11 companies have been licensed so far for deliveries, and at least 3 have started delivery operations. Massachusetts has approved two types of licenses: a “marijuana courier” license and a “marijuana delivery operator” license. A marijuana courier licensee can only deliver marijuana and marijuana products to consumers and patients from a retail recreational dispensary or a medical marijuana dispensary. Delivery operator licensees, on the other hand, can purchase marijuana and marijuana products from licensed cultivators, store the products, and sell and deliver the products to consumers.

The delivery process is tightly regulated. There must be two licensed employees in the delivery vehicle, with body cameras to record transactions. Deliveries are only allowed in municipalities that allow adult use retail marijuana stores to operate, or that have notified the CCC that deliveries may be made in the city or town. Customers must be pre-registered with a medical marijuana dispensary or recreational store. Marijuana delivery operators also must comply with regulations with respect to inventory, labelling, warehousing, and sales.

For 36 months, delivery licenses are limited to businesses controlled by or majority owned by “Certified Economic Empowerment Applicants” and “Social Equity Program Participants” (“EE/SE Participants”). According to the CCC, approximately 500 applicants are eligible to pursue at least one of the delivery licenses during the initial 36 month period.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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