Massachusetts is one of the eleven American states that have legalized recreational marijuana. While the legalization has been in place since 2016, recreational marijuana dispensaries (RMD) still face numerous challenges in an attempt to reach their consumers. This was especially prominent during the grand opening of the state’s first two retail outlets, where the overwhelming demand forced retailers to ration their products.
Although a lot of improvement has been made since then, consumers still find it difficult to lay their hands on recreational cannabis. The numerous regulatory bottlenecks that came with issuing state licenses made establishing RMDs a hard task. Thus many consumers have to travel long distances to buy their marijuana. The apparent solution to the problem would be to allow marijuana companies to deliver directly to customers, but the laws held them back from doing so, up till the last quarter of 2019
Approval of direct delivery to consumers
In the last week of September 2019, Massachusetts’s Cannabis Control Commission approved new regulations that empowered cannabis companies to deliver their products directly to recreational consumers. This service was already available to medical marijuana users. Under the new regulations, interested cannabis companies have to obtain a new kind of license. According to the CCC, the move was necessary to curb the activities of illegal delivery services and black market dealers.
What are the requirements for getting the license?
According to the new regulations, the license would only be available to applicants in the social equity program and locally owned businesses that have been approved by the commission for delivery. This is in a bid to promote local businesses in an industry that’s continually dominated by big corporations. Additionally, a delivery company does not have to be a full-fledged dispensary. This also lowers the bar of entry because setting up dispensaries is typically cost-intensive.
To be part of the commission’s social equity program, you must reside in a community that qualifies as an ‘area of disproportionate impact’, and your income must not exceed 400% of the federal poverty level. Furthermore, you must not have a recent drug conviction or a spouse or parent with a recent drug conviction.
The prospective delivery companies must also sign contracts with licensed RMDs, unless they grow and process their cannabis. With the arrangement, delivery companies would serve as agents to the dispensaries. The regulations also empower the CCC to extend the period of exclusivity if the set equity goals are not met.
How will the deliveries work?
Recreational marijuana deliveries would look very much like regular food delivery. However, it comes with a few more safeguards.
First, any consumer that wants to place an order must be over 21. To prove this, first-time consumers must visit the dispensary they’re ordering from and present a government-issued ID. Furthermore, the delivery company can only deliver between 8 am and 9 pm. Thus, late-night orders are illegal. Another important regulation is that consumers cannot place more than one order in a day, and the order quantity cannot exceed 1 ounce of marijuana.
On the part of the delivery companies, they must only deliver to the person that placed the order, and not a proxy. In addition, the employees must at least travel in pairs, and they would be monitored vial GPS to ensure orders are delivered to the right address. Although cash payments are allowed, the commission encourages consumers to explore alternative means of payment. Delivery employees must not transport more than $10,000 worth of marijuana at once to minimize the risk of robberies.
The companies can only deliver to the customer’s private residence, as long as it’s not a college dorm or University housing. Hotels, inns, shelters, federally-subsidized housing, and other federal property are off-limits. Cities and towns that have banned recreational marijuana sales are also out of bounds to delivery companies unless the city officials decide otherwise.
Finally, delivery personnel must wear body cameras, and the company must keep the video for 30 days. The regulations stipulate that companies must not share videos with a third party, and they must delete them after 30 days, excluding videos that are subject to an official investigation.