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MA Paves Way For Cannabis Delivery Licenses, Retailers Threaten Legal Action

The new rules establish separate licensing frameworks for delivery

The Massachusetts Cannabis Control Commission on Monday finalized an overhaul of its regulations, establishing rules for home delivery of marijuana and policies to prevent monopolies.

The approval came after months of policy revisions as advocates pressed for updated delivery and licensing rules to help small businesses and more diverse communities compete. But some retailers and lawmakers have expressed concerns that the new regulations violate existing statues and may force municipalities to lose out on tax revenue if sales drop at licensed local shops.

The new rules, approved in a 3-1 vote during a virtual hearing, establish separate licensing frameworks for delivery operators and couriers. Operators may wholesale and warehouse marijuana products from growers, manufacturers, microbusinesses or craft marijuana cooperatives and sell and deliver directly to consumers. Couriers are licensed to deliver marijuana products and accessories directly to consumers from a retailer, or to registered qualifying patients or caregivers. Couriers can charge fees from licensed retailers and dispensaries but may not sell, process, store or repackage goods.

For an initial three-year period, operator and courier licenses will be exclusive to businesses who are Social Equity Program participants or Economic Empowerment Priority applicants, according to the regulations. No person or business shall be granted more than a combined total of two delivery operator and or marijuana courier licenses, according to the new rules.

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