Massachusetts Cannabis Laws

Massachusetts has a well-regulated cannabis industry with strict guidelines for licensing, advertising, operations, purchase limits, and delivery. To legally operate a cannabis establishment, businesses must navigate a comprehensive application process and adhere to specific operational requirements, including security, storage, and employee policies. Advertising is highly regulated to prevent targeting underage individuals, and all marketing materials must include clear warnings.

Every Dispensary Must Know

Massachusetts Cannabis Laws at a Glance

Overview

Massachusetts has been at the forefront of cannabis legalization, with medical marijuana legalized in 2012 and recreational use following in 2016. The state’s regulatory body, the Cannabis Control Commission, oversees the industry, ensuring compliance with stringent rules. Adults 21 and older can legally possess up to 1 ounce of marijuana or its equivalent in concentrate or edibles.

Massachusetts employs the Metrc system for seed-to-sale tracking, and businesses must adhere to specific guidelines for licensing, advertising, and operations to stay compliant. The state imposes a 10.75% excise tax on recreational cannabis sales, in addition to a 6.25% state sales tax, with local municipalities having the option to add up to 3% more.

Massachusetts Cannabis Licensing Requirements

In Massachusetts, cannabis businesses must navigate a detailed licensing process to ensure compliance with state laws. The Cannabis Control Commission oversees this process, which involves multiple steps:

Application Components: The application for a cannabis establishment license is divided into three main sections:
- Application of Intent: This section requires documentation proving that the business is registered to operate in Massachusetts, details on the ownership structure, financial resources, and a host community agreement.
- Background Check: All individuals and entities with a significant interest in the business must undergo a thorough background check, including criminal, civil, and administrative records.
- Management and Operations Profile: This includes detailed plans for the business’s operations, including security measures, staffing, recordkeeping, and compliance with state regulations.
Types of Licenses: Massachusetts offers several types of cannabis licenses, including cultivation, manufacturing, retail, testing laboratories, and transportation. Each license type has specific requirements and application processes.
Community Engagement: Applicants must conduct a community outreach meeting and secure a host community agreement with the local municipality where they intend to operate. This agreement outlines the responsibilities of the business to the community and is a crucial part of the licensing process.
Fees: The application process involves various fees, which vary depending on the type of license. These fees cover the initial application, background checks, and annual license renewals.

Equity Programs: Massachusetts has implemented programs to encourage participation in the cannabis industry by individuals from communities disproportionately affected by past drug laws. These programs offer support in the form of technical assistance, reduced fees, and priority application review.

Massachusetts Cannabis Advertising Regulations

In Massachusetts, cannabis advertising is strictly regulated to ensure that promotions are responsible and do not target underage individuals. The Cannabis Control Commission enforces these regulations, which include the following key points:

Audience Restrictions: Advertising is not permitted unless it is reasonably expected that at least 85% of the audience is 21 years of age or older. This rule applies to all forms of media, including television, radio, internet, and print publications.
Prohibited Content: Advertisements cannot contain any content that is misleading, deceptive, false, or likely to create a misleading impression. Additionally, they cannot use symbols, images, or language that appeals to minors, such as cartoons, mascots, or celebrity endorsements that might be attractive to those under 21.
Mandatory Warnings: All cannabis advertisements must include the statement “Please Consume Responsibly” prominently. Additionally, at least two of the following warnings must be clearly displayed:
- “This product may cause impairment and is habit-forming.”
- “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
- “There may be health risks associated with consumption of this product.”
- “For use only by adults 21 years of age or older. Keep out of the reach of children.”
- “Marijuana should not be used by women who are pregnant or breastfeeding.”
Moreover, all advertising must include a specific warning about the product not being FDA-approved and potential health risks, emphasizing the need to keep the product away from children.
Restrictions on Placement: Advertising is not allowed on or in public vehicles, at bus stops, or at other transportation venues. Additionally, no external signage, including illuminated signs, is permitted beyond 30 minutes before sundown until the establishment closes.
Digital and Social Media: Websites and social media pages of cannabis establishments must have age verification systems to ensure that only individuals 21 years or older can access content related to cannabis products.
Event Sponsorship: Cannabis establishments may sponsor events, but they are limited to using their brand name only. Advertising at these events is permitted only if the audience is reasonably expected to be 21 years or older.

These regulations aim to ensure that cannabis advertising is conducted in a manner that promotes public health and safety, without appealing to or reaching underage individuals.

Massachusetts General Operational Requirements for Cannabis Establishments

Massachusetts cannabis establishments must adhere to stringent operational requirements to ensure safety, security, and compliance with state regulations. These requirements include:

Written Operating Procedures: Every cannabis establishment must develop and follow a comprehensive set of written operating procedures. These procedures must be tailored to the specific facility and include detailed guidelines on security measures, employee policies, storage and waste disposal, and emergency protocols. If the establishment operates multiple locations, each must have its own set of procedures.
Security Measures: The security protocols outlined in the operating procedures must comply with the state’s requirements. This includes surveillance systems, alarm systems, and policies for secure storage of cannabis products. Additionally, employee security policies should focus on personal safety and crime prevention techniques.
Recordkeeping and Inventory Management: Cannabis establishments are required to maintain accurate records of all operations. This includes detailed inventory protocols for the transfer and storage of cannabis products, ensuring that all transactions are documented and that inventory is tracked meticulously.
Staffing and Training: The establishment must have a well-documented staffing plan, which includes the qualifications and training procedures for employees. Training should cover all aspects of operation, including compliance with state regulations, security, and handling of cannabis products.
Emergency Procedures: Establishments must have a disaster plan that includes procedures for dealing with emergencies such as fires or other significant incidents. These procedures must be reviewed and updated regularly to ensure they remain effective.
Confidentiality and Data Protection: Policies must be in place to protect confidential information, particularly regarding customer and patient data. The procedures should outline how data will be stored, who has access to it, and how it will be protected from unauthorized access.
Energy Efficiency and Workplace Safety: Cannabis establishments are required to implement policies for energy efficiency and conservation. Additionally, they must ensure that workplace safety standards meet or exceed those set by the Occupational Safety and Health Administration (OSHA), ensuring a safe working environment for all employees.
Compliance with Local Ordinances: The operating procedures must demonstrate how the establishment will comply with all relevant local ordinances, including zoning laws and local health and safety regulations.

These operational requirements are designed to maintain high standards within the Massachusetts cannabis industry, ensuring that establishments operate safely, securely, and in full compliance with state and local laws.

Massachusetts Cannabis Purchase Limits

In Massachusetts, the state regulates the amount of cannabis that individuals can purchase in a single day to ensure responsible use and to prevent the illegal resale of cannabis products. The purchase limits are as follows:

Recreational Cannabis Purchase Limits:
- Flower: An individual can purchase up to 1 ounce (28 grams) of cannabis flower per day.
- Concentrates: The daily limit for cannabis concentrates is equivalent to 5 grams of active tetrahydrocannabinol (THC) in products such as tinctures.
- Edibles: For edibles, the limit is 500 milligrams of active THC, which is equivalent to 1 ounce of cannabis flower.
- Topicals and Ointments: There are no specific daily limits for topicals and ointments, as they are generally not considered psychoactive.
Medical Cannabis Purchase Limits:
- Medical cannabis patients may have different limits based on their specific medical needs and recommendations from their healthcare providers. However, the general guidelines for recreational cannabis often inform the standard for medical use as well.
Point-of-Sale System Requirements:
- All cannabis retailers must use a point-of-sale (POS) system that tracks purchases to ensure that no individual exceeds the daily limit. This system helps prevent the accumulation of large amounts of cannabis, which could lead to misuse or diversion.

These purchase limits are in place to ensure that cannabis is used responsibly and in a way that is consistent with state regulations. Retailers are required to comply strictly with these limits and are responsible for monitoring and enforcing them through their POS systems.

Massachusetts Cannabis Delivery Regulations

The state of Massachusetts has established specific regulations for the delivery of cannabis to ensure that it is done safely and within the confines of the law. These regulations apply to both recreational and medical cannabis delivery services and are designed to promote public safety and prevent unauthorized access to cannabis products.

Marijuana Courier License:

Purpose: A Marijuana Courier License allows businesses to deliver cannabis or cannabis products directly to consumers (for recreational use) or to patients and caregivers (for medical use).
Ownership and Control: For the first 36 months from the date the first delivery operator license is issued, delivery licenses are restricted to businesses with majority ownership by Economic Empowerment Priority Applicants or Social Equity Program Participants. This exclusivity period may be extended if the goals of the program are not met.
Limitations: No person or entity can hold more than two delivery licenses.

Marijuana Delivery Operator License:

Scope: Unlike couriers, Delivery Operators are permitted to wholesale and warehouse finished marijuana products. They can sell and deliver these products directly to consumers but must comply with specific storage and transportation regulations.
Exclusivity: Like the courier license, this license is also limited to certain applicants for the initial 36 months to promote diversity and equity in the cannabis industry.

Delivery Requirements:

Residence Deliveries: Cannabis products can only be delivered to residential addresses. Deliveries to college campuses, hotels, or other transient residences are prohibited.
Verification: Before completing a delivery, the delivery person must verify the age and identity of the recipient. This is crucial to ensure that only those who are legally allowed to consume cannabis receive the products.
Delivery Log: Each delivery must be logged, and the information must be reported to the state’s seed-to-sale tracking system, Metrc, to ensure compliance and prevent diversion.

Security Measures:

Surveillance: Delivery vehicles must be equipped with GPS tracking and secure storage compartments to prevent theft.
Cash Handling: Because cannabis transactions are often cash-based, delivery services must have strict protocols in place for handling and securing cash.

These regulations are part of Massachusetts’ efforts to ensure that the cannabis industry operates transparently and securely, with an emphasis on public safety and legal compliance.

Massachusetts Cannabis Tax and Fee Structure

In Massachusetts, the tax structure for cannabis is designed to generate revenue while also regulating the market. The key taxes include:

Excise Tax: A 10.75% excise tax is applied to all recreational cannabis sales. This tax is imposed on the retail price of cannabis products and is in addition to the standard state sales tax.
State Sales Tax: In addition to the excise tax, cannabis sales are subject to a 6.25% state sales tax. This applies to all retail cannabis transactions.
Local Option Tax: Municipalities in Massachusetts have the option to impose an additional local sales tax of up to 3% on cannabis sales. This allows cities and towns to generate additional revenue from cannabis sales within their jurisdictions.
Licensing Fees: Cannabis establishments are required to pay various licensing fees to operate in Massachusetts. These fees vary depending on the type of license (e.g., retail, cultivation, manufacturing) and can include application fees, annual renewal fees, and other associated costs. The Cannabis Control Commission (CCC) sets and oversees these fees.
Social Equity Program: Massachusetts has implemented a Social Equity Program aimed at providing financial and technical assistance to individuals disproportionately affected by past marijuana laws. This program is funded by a portion of the revenue generated from cannabis taxes.

Overall, the tax and fee structure in Massachusetts is designed to support the regulation of the cannabis industry, promote public health, and generate revenue for state and local governments.

Massachusetts Cannabis Home Cultivation Guidelines

In Massachusetts, adults 21 years and older are permitted to cultivate cannabis at home under specific regulations. Here are the key points:

Plant Limits:
- Each adult may grow up to six cannabis plants.
- A household with more than one adult can grow a maximum of 12 plants, regardless of the number of adults living in the home.
Private Property:
- Cannabis plants must be cultivated on private property and cannot be visible from a public place. This means plants should be kept indoors or in a secure outdoor area that is not easily visible to the public.
Secure Location:
- The plants must be grown in a secure location to prevent access by anyone under 21 years of age. This typically means an enclosed, locked area.
Use of Harvest:
- Cannabis grown at home is intended for personal use. The sale or distribution of homegrown cannabis is illegal. However, adults can gift up to one ounce of cannabis or five grams of concentrate to another adult.
Safety and Security:
- It’s important to consider the safety and security of the growing operation, especially in homes with children or pets. Growers should also be aware of fire hazards and electrical safety if using grow lights or other equipment.

Legal Compliance:
- Home cultivation is only allowed in locations where cannabis cultivation is permitted by local ordinances. It’s important to check with local laws to ensure compliance.

Massachusetts Cannabis Transportation and Storage Regulations

In Massachusetts, strict regulations govern the transportation and storage of cannabis to ensure safety and compliance with state laws.

Transportation of Cannabis:
- Only licensed individuals or entities are permitted to transport cannabis. This includes marijuana retailers, couriers, and delivery operators.
- Cannabis must be transported in a locked, secure container that is not visible from outside the vehicle. The container must remain locked at all times during transportation.
- Individuals transporting cannabis must carry all necessary documentation, including transport manifests, which must be produced upon request by law enforcement.
- Cannabis transportation must follow designated routes, avoiding schools and other sensitive locations unless absolutely necessary.
Personal Transportation:
- Adults 21 years and older are allowed to transport up to one ounce of cannabis or its equivalent in concentrates.
- Cannabis must be kept in a sealed container and stored in the trunk of the vehicle or a locked glove compartment during transport.
- It is illegal to operate a vehicle under the influence of cannabis. Any detected impairment can result in legal penalties.
Storage of Cannabis:
- Cannabis products must be stored securely to prevent access by anyone under 21 years of age. This typically means in a locked area or container within a home.

Storage should be in a cool, dry place, away from direct sunlight to preserve the quality of the cannabis.
For commercial entities, storage areas must be monitored by security systems, and inventory tracking must be maintained to prevent theft and diversion.