Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.145 - Additional Operational Requirements for Delivery of Marijuana, Marijuana Products, Marijuana Accessories, and Marijuana Establishment Branded Goods to Consumers and as Permitted, to Patients or Caregivers

Current through Register 1525, July 5, 2024
(1)
General
			 Requirements
.
(a) For purposes of
			 935 CMR 500.145, Delivery Items means Finished Marijuana Products, Marijuana
			 Accessories, and Marijuana Establishment Branded Goods.
(b) A Delivery License or Delivery
			 Endorsement is a necessary prerequisite for the delivery of Delivery Items
			 directly to Consumers, and as permitted, Marijuana Couriers, to Patients or
			 Caregivers. Applications for a Delivery License or Delivery Endorsement shall
			 be in a form and manner to be determined by the Commission.
(c) Prior to commencing operations, Delivery
			 Licensee or a Marijuana Establishment with a Delivery Endorsements shall comply
			 with all operational requirements imposed by:
1.
										935
			 CMR 500.105;
2.
										935 CMR
			 500.110 as applicable, including
			 935 CMR
			 500.110(8); and
3.935 CMR 500.145.
(d) All individuals delivering for a Delivery
			 Licensee or a Marijuana Establishment with a Delivery Endorsement directly to
			 Consumers, and as permitted Patients or Caregivers, shall be employees of the
			 Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement and
			 shall hold a valid Marijuana Establishment Agent registration.
(e) All Marijuana and Marijuana Products
			 delivered by a Marijuana Courier shall be obtained from a licensed Marijuana
			 Retailer or MTC. A Marijuana Courier may deliver Marijuana Establishment
			 Branded Goods and MTC Branded Goods carrying the Marijuana Courier's brand or
			 that of a licensed Marijuana Retailer or MTC. A Marijuana Courier may deliver
			 Marijuana Accessories from a licensed Marijuana Retailer or MTC, or acquire and
			 deliver their own Marijuana Accessories. A Marijuana Courier may not acquire
			 electronic vape devices, hardware or batteries utilized in products that
			 vaporize concentrates and oils, other than from a licensed Marijuana Retailer
			 or MTC.
1. Marijuana Couriers shall only
			 obtain Marijuana or Marijuana Products for delivery from a licensed Marijuana
			 Retailer or MTC with which the Marijuana Courier has a Delivery
			 Agreement.
2. All agreements
			 between a Marijuana Courier and a Marijuana Retailer or MTC shall be disclosed
			 under the requirements of licensure in
			 935 CMR
			 500.101 and subject to limitations on control
			 over Licenses under
			 935 CMR
			 500.050(1)(b).
3. The Commission shall be notified in
			 writing of any Substantial Modification to a Delivery Agreement.
(f) Delivery Operators shall only
			 deliver Finished Marijuana Products, Marijuana Accessories and Marijuana
			 Establishment Branded Goods carrying the Delivery Operator's brand or that of a
			 licensed Marijuana Cultivator, Marijuana Product Manufacturer, Microbusiness or
			 Craft Marijuana Cooperative. All Finished Marijuana Products delivered by a
			 Delivery Operator Licensee shall be obtained from a licensed Marijuana
			 Cultivator, Marijuana Product Manufacturer, Microbusiness or Craft Marijuana
			 Cooperative and shall comply with
			 935
			 CMR 500.105(1)(e). Delivery
			 Operators may deliver Marijuana Establishment Branded Goods carrying the
			 Delivery Operator's brand or that of a licensed Marijuana Cultivator, Marijuana
			 Product Manufacturer, Microbusiness or Craft Marijuana Cooperative.
1. A Delivery Operator shall only obtain
			 Finished Marijuana Products for delivery from a licensed Marijuana Cultivator,
			 Marijuana Product Manufacturer, Microbusiness or Craft Marijuana Cooperative
			 with which the Delivery Operator has a Wholesale Agreement.
2. All Wholesale Agreements between a
			 Delivery Operator and a Marijuana Cultivator, Marijuana Product Manufacturer,
			 Microbusiness or Craft Marijuana Cooperative shall be subject to limitations on
			 control over Licenses under
			 935 CMR 500.050(1)(b)
			  and shall be subject to inspection and
			 disclosure under
			 935
			 CMR 500.105(9).
3. The Commission shall be notified in
			 writing of any Substantial Modification to a Wholesale Agreement.
(g) A Delivery Licensee or a
			 Marijuana Establishment with a Delivery Endorsement and Marijuana Retailer may
			 use a Third-party Technology Platform Provider to facilitate orders by
			 Consumers, and as permitted Patients or Caregivers.
1. All agreements between a Delivery Licensee
			 or a Marijuana Establishment with a Delivery Endorsement and a Third-party
			 Technology Platform Provider shall be submitted to the Commission prior to
			 Final Licensure as part of the requirements for licensure in
			 935 CMR
			 500.101 and shall be subject to the control
			 limitations under
			 935 CMR
			 500.050(1)(b).
2. The Commission shall be notified in
			 writing within five days of the following:
a.
			 Any Substantial Modification to an agreement.
b. Any new or additional or assigned
			 agreements between a Delivery Licensee or a Marijuana Establishment with a
			 Delivery Endorsement and a Third-party Technology Platform Provider.
3. Contracts between Delivery
			 Licensees and Third-party Technology Platform Providers shall be negotiated at
			 arm's length and entered into knowingly and willingly by both parties.
a. The terms of a contract between a Delivery
			 Licensee and a Third-party Technology Platform Provider shall be transparent
			 and shall describe the methodology for determining the placement of Delivery
			 Licensees in search results.
b. The
			 terms of a contract between a Delivery Licensee and a Third-party Technology
			 Platform Provider shall define the fee structure for payment of services
			 provided under the contract.
c. The
			 terms of a contract between a Delivery Licensee and a Third-party Technology
			 Platform Provider shall include that the placement of Delivery Licensees in
			 search results shall be based on objective, consumer-oriented criteria which
			 may include, but shall not be limited to, time to deliver to the Consumer;
			 Finished Marijuana Product price; and Finished Marijuana Product
			 availability.
d. Inducements
			 intended to influence the placement of Delivery Licensees shall be strictly
			 prohibited. No Delivery Licensee shall directly or indirectly give, permit
			 other people or entities to give, receive or otherwise accept, an Inducement in
			 any effort to persuade or influence a Third-party Technology Platform Provider
			 to list any particular Delivery Licensee, brand or kind of Finished Marijuana
			 Product, or to persuade or influence a Third-party Technology Platform Provider
			 from listing any particular Delivery Licensee, brand or kind of Finished
			 Marijuana Product.
e. Advertising
			 by a Delivery Licensee on a Third-party Technology Platform Provider shall not
			 be considered to be an Inducement, provided:
i. The contract terms for Advertising clearly
			 state that the decision by a Delivery Licensee to advertise or not to advertise
			 on a Third-party Technology Platform Provider shall not influence the placement
			 of that Delivery Licensee in search results.
ii. Any advertisement shall include a clear
			 and conspicuous disclosure on the face of the advertisement that it is paid
			 Advertising.
iii. No Delivery
			 Licensee may advertise or market Marijuana or Marijuana Products in conjunction
			 with a Third-party Technology Platform Provider outside of the technology
			 platform, and shall ensure that the Third-party Technology Platform Provider
			 does not use the Delivery Licensee's license number, legal business name or
			 Brand Name on any advertisement or marketing that primarily promotes the
			 services of the technology platform.
4. A Delivery Licensee, in its engagement
			 with a Third-party Technology Platform Provider shall ensure compliance with
			 the consumer and patient protection standards established by M.G.L. c. 94G and
			 c. 94I and the associated regulations, including, but not limited to
			 935 CMR 500.820
			 and
			 935 CMR 501.820:
Confidentiality
, and other applicable state laws.
5. A Delivery Licensee shall ensure minimum
			 identifying information regarding the Delivery Licensee and its products,
			 including but not limited to the Delivery Licensee's business name and license
			 number, and as specified by the Commission, is on its menu and any receipt
			 provided to Consumers placing an order for Marijuana and Marijuana Products
			 through the technology platform.
(h) The maximum retail value of Marijuana or
			 Marijuana Products allowed in a Delivery Licensee or a Marijuana Establishment
			 with a Delivery Endorsement's vehicle at any one time shall be $10,000 and each
			 Marijuana Product shall be associated with a specific Individual Order. For
			 purposes of this provision, "maximum retail value" shall mean the aggregate
			 value of Marijuana and Marijuana Products as priced on the day of the order for
			 delivery.
(i) All Marijuana and
			 Marijuana Product deliveries shall be tracked using the Seed-to-sale SOR as
			 designated by the Commission.
(j)
			 Records of sales of Marijuana Accessories and Marijuana Establishment Branded
			 Goods shall be maintained by the Delivery Licensee or Marijuana Establishment
			 with a Delivery Endorsement, but may not be tracked in the Seed-to-sale SOR.
(k) For non-Marijuana or
			 non-Marijuana Product sales, a Delivery Licensee or Marijuana Establishment
			 with a Delivery Endorsement shall comply with Massachusetts tax laws, and DOR
			 rules and regulations including, but not limited to,
			 830 CMR
			 62C.25.1:
Record Retention
and DOR Directive 16-1 regarding recordkeeping requirements.
(l) Deliveries by a Delivery Licensee or a
			 Marijuana Establishment with a Delivery Endorsement shall be geographically
			 limited to:
1. The municipality identified as
			 the Marijuana Establishment License's place of business;
2. Any municipality which allows for retail
			 within its borders whether or not one is operational; or
3. Any municipality which after receiving
			 notice from the Commission, has notified the Commission that delivery may
			 operate within its borders.
(m) Limitations on the time for delivery
			 shall comply with all municipal bylaws and ordinances, provided however, that
			 all deliveries shall be completed before 9:00 P.M. local time or the time
			 determined by municipal bylaw or ordinance, whichever occurs first, and
			 deliveries may not occur between the hours of 9:00 P.M. and 8:00 A.M., unless
			 otherwise explicitly authorized by municipal bylaw or ordinance.
(n) Every effort shall be made to minimize
			 the amount of cash carried in a Delivery Licensee or Marijuana Establishment
			 with a Delivery Endorsement vehicle at any one time. Marijuana Retailers
			 utilizing a Delivery Licensee or a Marijuana Establishment with a Delivery
			 Endorsement for Consumer transactions shall use best efforts to implement
			 platforms for the electronic payment of funds. Where cash is carried by a
			 Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement
			 vehicle, cash shall be stored in a locked compartment.
(o) Delivery Licensees and Marijuana
			 Establishments with a Delivery Endorsement shall comply with the requirements
			 of
			 935 CMR
			 500.110(7)  for purposes of
			 cash transport to financial institutions.
(p) In addition to complying with
			 935
			 CMR 500.105(4), a Delivery
			 Licensee shall include on any website it operates or that operates on its
			 behalf the license number(s) issued by the Commission.
(q) In addition to complying with
			 935
			 CMR 500.105(4), a Marijuana
			 Establishment with a Delivery Endorsement shall include on any website it
			 operates or that operates on its behalf the endorsement number(s) issued by the
			 Commission.