Alert: Massachusetts Cannabis Control Commission Offers New Resources for Community Impact Fees, Host Community Agreements

Updates continue implementation of changes made by Chapter 180 of the Acts of 2022

WORCESTER – The Massachusetts Cannabis Control Commission (Commission) recently took action to provide stakeholders with new resources for the Host Community Agreement (HCA) and Community Impact Fee (CIF) process between Marijuana Establishments and Medical Marijuana Treatment Centers and the cities and towns where they operate.

The new HCA and CIF guidelines are part of the ongoing implementation of the Chapter 180 of the Acts of 2022 reforms approved by the Legislature in 2022 that update the original regulations in state law approved by voters in 2016. The Commission has been implementing Chapter 180 over the past year, including a pivotal change in March 2024 that allows Commission staff to review new HCAs and renewals. Previously the roll out has included the publication of new materials such as a model HCA and HCA waiver form to support a fair process between municipalities and license applicants/licensees as the agency has embarked on reviewing, approving, and certifying HCAs for the first time in the legal industry’s history.

“These HCA and CIF updates are meant to provide more transparency for both licensees and municipalities, a crucial step in standardizing these relationships,” Acting Chair Bruce Stebbins said. “HCAs and CIFs are part of the foundation of the adult-use and medical marijuana industries in Massachusetts, and these updates are part of an evolving process as cannabis businesses become more ingrained in the communities and constituents they serve.”

“The Commission is continuing its work implementing Chapter 180 by providing licensees and municipalities with tools and templates to assist with the HCA and CIF process.” Commissioner and Chapter 180 Working Group HCA Co-chair Kimberly Roy said. “These guidance documents are meant to serve as compliance tools to help clarify and streamline the new processes. As we approach the one-year mark in March of the new HCA requirements, the Commission continues to exercise its statutorily given authority to review and approve Host Community Agreements to ensure these contracts are compliant with current law.”

Commissioners voted unanimously at the Dec. 12, 2024 public meeting to approve the publication of these documents for use by licensees and municipalities:

  • CIF Invoice Form for Municipalities
  • Requires municipalities to provide the reasoning behind each fee charged to Marijuana Establishments
  • Each fee must demonstrate the nexus between the operations of a Marijuana Establishment or Medical Marijuana Treatment Center and an enhanced need for either goods or services
  • Guidance on CIFs
  • Provides insight into CIF regulatory changes to Chapter 180 of the Acts of 2022 for the public
  • Defines allowable and prohibited CIF practices
  • Describes the submission and certification procedure between host communities and the Commission
  • Host Community Cannabis Business Application Standard Evaluation Form
  • Helps host communities incorporate equity considerations into their overall evaluation score of applicants
  • Communalities can create their own evaluation forms, but the equity metric must account for 25 of the overall 100-point score

Commissioners first approved Chapter 180 regulatory changes in fall 2023, following months of policy discussion and stakeholder engagement led by Commission regulatory working groups. The Commission has been implementing those regulatory changes on a rolling basis with full completion expected in mid-2025.

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