Cannabis businesses need legal advice.
If you want to operate a grow, make edibles, run a dispensary, deliver product, or open a cafe, you have a lot to consider. Your business has all of the same needs of any other business, plus it must acquire a license to touch the plant, plus it must comply with the local regulations, plus it must comply with the state regulations, plus it must navigate the difficulties that arise when your state-licensed business is illegal under federal law.
Local Permitting
In Massachusetts, local municipalities have a lot of control over marijuana businesses. Your business must get a Host Community Agreement signed by the town, as well as comply with local zoning requirements, which usually means applying for a special permit.
Federal Law
On top of all that, Cannabis related businesses face unique challenges due to the interplay of state and federal laws. Some of the areas impacted include:
Banking restrictions
Taxes (280E)
Insurance
Intellectual property
Interstate commerce
Licensing for Cannabis
If you want to work with cannabis in Massachusetts, you need a license from the state. Obtaining a license from the Cannabis Control Commission (CCC) is a long and involved process. Are you ready?
A Marijuana Establishment is any plant-touching business. Different licenses are required for different aspects of the industry:
Marijuana Cultivator (indoor or outdoor)
Growing cannabis to sell to a Manufacturer or Retailer
Craft Marijuana Cooperative
Similar to a traditional agricultural coop, comprised of multiple cultivators (intended to be resident farmers), structured on cooperative principles,
Marijuana Product Manufacturer
Manufacture, process, and package marijuana obtained from a cultivator (edibles, concentrates, etc.)
Marijuana Microbusiness
Permits cultivation and manufacturing, and possibly delivery, but limits the size of the operation to ensure the license remains a small business
Independent Testing Laboratory
An accredited lab, with no financial ties to any other marijuana establishment, which tests cannabis products for purity, potency, contamination
Marijuana Retailer
Brick-and-mortar store selling cannabis to consumers
Marijuana Transporter
Transports marijuana between licensed marijuana establishments, but does not deliver to consumers
Delivery-Only
Authorizes delivery directly to consumers - *New licenses type; regulations not yet promulgated* -
Marijuana Research Facility
Authorized to conduct research. May cultivate, purchase or acquire cannabis for research purposes, but may not sell or transfer any marijuana to consumers.
Social Consumption Establishment
A retailer with on-site consumption - *New licenses type; regulations not yet promulgated* -
Events
A license for a specific event of limited duration, like a festival, where cannabis may be sold and consumed. ** The regulations for these licenses have not yet been developed and this license is currently unavailable in Massachusetts**
You can find the CCC regulations and other Resources HERE.