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.