MA Cannabis Control Commission Delays Vote On Marijuana Delivery

MASSACHUSETTS — The state Cannabis Control Commission postponed a vote scheduled for Thursday on rules that would have allowed marijuana delivery in Massachusetts.

The commission rescheduled the vote to Nov. 30 after a group of 19 state lawmakers pressured the commission to allow more time for public comment on the proposal and raised concerns about its legality. In addition to the vote on Nov. 30, the commission will hold a public hearing on Nov. 13.

While state law allows for delivery to medical marijuana patients, the new rules would set up two types of licenses for adult-use, recreational cannabis delivery. Under the proposed rules, the state would offer a license for marijuana delivery operators, who buy products wholesale from growers, and a marijuana courier license that would allow the licensee to charge a fee to make deliveries from retailers and dispensaries licensed by the state.

In an Oct. 20 preliminary vote, the commission voted 3-1 in favor of the new rules. Jennifer Flanagan, who wanted to delay cannabis delivery until 2023, cast the lone vote against the proposed rules.

At the time, commission chairman Steven Hoffman said the preliminary vote made him feel more comfortable moving ahead with a final vote on Thursday. But the bipartisan group of lawmakers said they wanted towns and cities to have more time to voice concerns about the proposal. They also questioned whether the state's recreational marijuana law allows for delivery.

"We believe that the wholesale delivery license category proposed in the draft regulations was not contemplated, nor supported, by the enabling legislation," the lawmakers said in an Oct. 15 letter to the commission. "We are also concerned that the enormity of this change and its potential disruption to the nascent retail marketplace and to local communities has not been fully vetted or realized given the abbreviated period for public comment, and we would ask that you revisit your timeline to allow for additional public hearings and acceptance of written testimony."

The Massachusetts Municipal Association also sent a letter to the commission, opposing the proposed rules.

"According to the enabling legislation, a marijuana retailer is the only marijuana establishment that was contemplated to deliver marijuana or marijuana products directly to consumers. The expansion of the wholesale delivery license within the newest iteration of regulations is not in line with existing regulatory definitions and is seemingly in direct conflict with the statutory framework," the MMA said.

Dave Copeland writes for Patch and can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).