Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.145 - Home Delivery

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a) An MTC, or a Marijuana Courier acting on
			 behalf of an MTC, shall obtain Commission approval prior to engaging in the
			 delivery of Marijuana and Marijuana Products directly to a Registered Qualified
			 Patient or Caregiver. An MTC shall comply with
			 935
			 CMR 501.110(8)  and
			 935
			 CMR 501.110(9)  and adhere
			 to its policies and procedures for home delivery approved pursuant to
			 935
			 CMR
			 501.101(1)(c)12.
(b) All individuals delivering Marijuana and
			 Marijuana Products for an MTC directly to Registered Qualifying Patients and
			 Caregivers shall be employees of the MTC Licensee and shall hold a valid MTC
			 agent registration; or, where a Marijuana Courier provides delivery services on
			 behalf of an MTC, employees duly registered as agents of the Marijuana Courier.
(c) All Marijuana and Marijuana
			 Products delivered by or on behalf of an MTC in fulfillment of an Individual
			 Order shall be obtained from the MTC with which the Individual Order was
			 placed. An MTC cannot pick up Marijuana or Marijuana Products from another MTC
			 to fulfill an Individual Order.
(d)
			 An MTC or Marijuana Courier may use a Third-party Technology Platform Provider
			 to facilitate the ordering of Marijuana or Marijuana Products.
1. All agreements between an MTC or Marijuana
			 Courier and a Third-party Technology Platform Provider shall be available for
			 inspection and subject to the control limitations under
			 935
			 CMR 501.050(1)(b).
2. The Commission shall be notified in
			 writing within five days of any Substantial Modification to an agreement
			 between an MTC or Marijuana Courier and a Third-party Technology Platform
			 Provider.
3. Any Third-party
			 Technology Platform shall comply with privacy and patient protection standards
			 established by the Commission.
4.
			 The Commission shall be notified in writing on an ongoing basis of any new or
			 additional or assigned agreements between an MTC or Marijuana Courier and a
			 Third-party Technology Platform Provider within five days.
(e) The maximum retail value of Marijuana or
			 Marijuana Products allowed in an MTC'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
			 935
			 CMR 501.145(1)(e), "maximum
			 retail value" shall mean the aggregate value of Marijuana and Marijuana
			 Products as priced on the day of the order for delivery.
(f) All Marijuana and Marijuana Product
			 deliveries shall be tracked using the Seed-to-sale SOR as designated by the
			 Commission.
(g) Limitations on the
			 time for delivery shall comply with all municipal bylaws and ordinances,
			 provided however, that all deliveries of Marijuana or Marijuana Products shall
			 be completed before 9:00 P.M. or the time determined by municipal bylaw or
			 ordinance, whichever occurs first, and deliveries Marijuana 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.
(h) Every effort shall be made to minimize
			 the amount of cash carried in an MTC or Marijuana Courier vehicle at any one
			 time. MTCs and Marijuana Couriers shall use best efforts to implement platforms
			 for the electronic payment of funds. Where cash is carried in an MTC vehicle,
			 the storage and transport of cash shall comply with the requirements of
			 935
			 CMR 501.110(7).