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Dispensaries Sue Massachusetts Cannabis Commission Over Delivery Regulations

January 20, 2021 2:54 pm
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Dispensaries Sue Massachusetts Cannabis Commission Over Delivery Regulations

Dispensaries across Massachusetts are suing the Bay State’s Cannabis Control Commission over new delivery license regulations.

According to MassLive, the regulations in question — approved in November — enable only members of specific “disenfranchised” groups to deliver cannabis products in the first three years, which is allegedly against state law.

There are two types of licenses for adult-use cannabis delivery: one that enables companies to buy products wholesale and to store them, and the other that enables individuals to cooperate with cannabis shops to deliver adult-use marijuana.

Both license types were created solely for applicants coming from the commission's two equity programs — social equity and economic empowerment.

The lawsuit was filed on Jan. 13 in Suffolk Superior Court. It alleges that refusing cannabis retailers the ability to provide marijuana delivery services under its current retail licenses is in breach of the law.

By this statute, a marijuana retailer is defined as “an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.”

Unregulated Voting

The association also claims that at the time the new regulations were enacted, the commission didn’t have the right to do so, as it had only four active members, since its commissioner Kay Doyle had resigned.

In addition, commissioner Shaleen Title’s was on the board at the time as a “holdover” as her term had expired, hence she was having no official right to vote.

“Simply, the CCC overstepped its authority and disregarded state law, radically upending the established rules that hundreds of small businesses and their host communities operated in accordance with since 2016,” the association said in a statement.

The association aims to convince the court to acknowledge the new regulations invalid.

Today’s action goes beyond a disagreement about cannabis delivery — the CDA is dedicated to ensuring that the Commonwealth’s established laws are upheld and appropriately observed through fair procedures and adequate due process,” the association said.