Cannabis Control Commission to Host Public Comment Period, Hybrid Hearing on Amendments to Microbusinesses, Delivery, Telehealth Regulations

Starting September 16, the Massachusetts Cannabis Control Commission (Commission) will be soliciting feedback from stakeholders on the agency’s proposed regulatory changes to Microbusinesses, Delivery license types, telehealth options for patients, and prescribing allowances for providers. These draft changes were unanimously approved by the Commission at the July 19 Public Meeting and subsequently filed with the Secretary of State’s Regulations Division for publication on September 13.

Constituents will be able to provide written comment from September 16 to October 7, as well as oral testimony at a public hearing scheduled Monday, October 7 at the Commission’s headquarters at Union Station, 2 Washington Square in Worcester. Written submissions should be emailed to [email protected] with “Regulation Comment” in the subject line of the email no later than 5:00 p.m. EST on October 7, 2024.

The proposed regulatory changes include the highly anticipated change to allow delivery licensees the option of delivering marijuana and marijuana products to consumers with one Marijuana Establishment Registered Agent in a vehicle at a time, as opposed to the current requirement of two Agents, when delivering items with total retail value of up to $5,000. Two Agents would still be required to staff vehicles transporting products with a retail value exceeding $5,000 and up to the $10,000 delivery maximum. Under the change, Social Equity Program Participant and Certified Economic Empowerment Priority Applicant businesses with exclusive access to delivery licenses types also would be permitted to hold three Delivery Operator and three Delivery Courier licenses for the first time.

The draft changes also include a proposal to allow Microbusinesses to apply for other license types, such as Retail and Transport licenses; permitting Qualifying Medical Patients to opt-in to utilizing telehealth consultation with a Certifying Healthcare Provider for their initial certification; and giving Nurse Practitioners with independent practices authority to certify Qualifying Patients without a supervising Physician.

Any feedback to the draft regulations should be submitted to the Commission during the specified public comment period, and no later than October 7, 2024. All submissions should include the submitters’ full name, and organization or affiliation, if any. Those received by the deadline will be reviewed by the Commission and may be incorporated into the final version of regulations that will be considered at a forthcoming public meeting. Please be advised that the Commission may publish submissions it receives or produce them in response to a request made under the Massachusetts Public Records Law, M.G.L. c. 66, § 10, or any other compulsory legal processes.

A link to view the October 7 Public Hearing will be published at: https://masscannabiscontrol.com/calendar/. In advance of the public hearing, text of the proposed regulations may be viewed by visiting the “Regulations” section of the Commission’s public documents page at MassCannabisControl.com, requested by emailing [email protected], or by calling the Commission at (774) 415-0200.