Alert: Cannabis Control Commission Regulatory Reforms to Support Delivery, Testing Transportation, Small Business Expansion, and Patient Access in the Commonwealth are Now in Effect
On Friday, November 22, anticipated Cannabis Control Commission (Commission) regulatory reforms take effect relative to delivery and testing transportation, Microbusinesses, Craft Marijuana Cooperatives, and patient access, following promulgation of the regulations by the Secretary of the Commonwealth.
The final regulations, approved unanimously (3-0) on October 30, reflect months of work by Commissioners and staff, as well as feedback from stakeholders gathered during a public comment period and public hearing held October 7.
For adult-use cannabis delivery licensees and Medical Marijuana Treatment Centers, which previously required two employees to be present for every delivery:
Modifying the requirements to allow the option of delivering to consumers and patients with one agent in a vehicle at a time when all marijuana and marijuana products in the vehicle have a retail value of up to $5,000;
However, licensees may choose to have more than one agent in a vehicle during any delivery service and will be required to staff vehicles with two agents when transporting marijuana products with a retail value exceeding $5,000 and up to the $10,000 delivery maximum;
Modifying the requirements to allow the option of delivering wholesale products with one agent in the vehicle when marijuana and marijuana products have a wholesale value of up to $5,000;
Allowing Marijuana Delivery Operator licensees to repackage marijuana and marijuana products, subject to all current requirements for packaging and labeling;
Increasing the total number of delivery licenses that individuals and entities can own or control from two to three Marijuana Delivery Operator licenses and three Marijuana Courier licenses, bringing Delivery licenses in line with caps imposed on all other License types; and
Expanding delivery hours to 7 a.m. to 11 p.m. under the Commission’s regulations, subject to local restrictions.
Within the adult-use cannabis industry, these changes specifically benefit Social Equity Program Participants (SEPs) and Economic Empowerment Applicants (EEAs), which have exclusive access to these license types.
For ITLs and Marijuana Transporters:
Allowing ITLs and certain Marijuana Transporters the option of transporting between licenses products for the sole purpose of testing with one agent in a vehicle at a time when all products or samples in the vehicle have a wholesale value of up to $5,000.
The Commission also committed to continue reviewing the impacts of expanding the 2-to-1 agent reform to other cannabis transportation activities between licenses (e.g., Third Party Transporters and other business-to-business services) as part of future regulatory review, while existing requirements remain in place.
Microbusinesses and Craft Marijuana Cooperatives
For the first time, allowing Microbusinesses to apply for other license types;
This allows existing Microbusiness license holders to possess up to the state’s maximum three Cultivation licenses and three Product Manufacturer licenses, inclusive of the Microbusiness license;
As a result, Microbusinesses will be able to surpass their existing 5,000 square-foot canopy limit for cultivation operations and 2,000-pound limit for marijuana product manufacturing operations by obtaining additional licenses, so long as all Cultivation licenses are subject to the maximum 100,000 square-foot canopy cap;
Microbusinesses would also be eligible to hold other license types, such as Retail and Transport licenses;
Microbusinesses that are certified SEPs or EEAs maintain exclusive access to Delivery Endorsements; and
Authorizing Microbusinesses engaged in product manufacturing to purchase marijuana from Medical Marijuana Treatment Centers in addition to Marijuana Establishments.
The final regulations also clarify Craft Marijuana Cooperatives’ ability to apply for and operate different Marijuana Establishment license types, subject to existing ownership and control limits, in addition to their single Craft Marijuana Cooperative license.
Patient Access
Permitting patients to request a telehealth consultation with a Certifying Healthcare Provider for their initial certification; and
Allowing for Certifying Healthcare Providers who are nurse practitioners with independent practices the authority to certify qualifying patients without a supervising physician.
This change would allow nurse practitioners registered with the Medical Use of Marijuana Program to have the same prescribing authority afforded by the Board of Registration in Nursing (BORN).
Licensee Efficiency
Enabling Marijuana Establishments and Medical Marijuana Treatment Centers to count product instead of weighing it when recording its movement throughout the supply chain to make it more efficient for operators to inventory products based on product type; and
Authorizing Marijuana Establishments and Medical Marijuana Treatment Centers to use and store electronic manifests instead of physical ones when transporting product between licensees – as long as they are accessible at any time by Registered Agents.
Stakeholders with questions about the implementation of these new regulations may contact the Commission by phone (774-415-0200) or email ([email protected]) for more information.
