Cannabis POS software to streamline Massachusetts dispensaries

Timeline of marijuana legalization in Massachusetts

2008: Cannabis was decriminalized.

2012: Medical marijuana became legal.

2016: On November 8th, recreational cannabis for adult use became legal when voters passed Question 4. On December 15th, this law went into effect. 

2018: On November 20th, the first recreational cannabis dispensaries were opened to adults aged 21 and above.

Massachusetts cannabis laws

To stay compliant with the law, you need to be aware of all the rules and regulations. By doing so, you will be able to manage a successful business and increase your revenue without being fined or losing your license. 

Let’s take a closer look at the main laws and regulations to understand them better. 

Transaction requirements

To purchase medical marijuana, you must be over the age of 18, have a physician’s approval and state’s certification. If you’re a minor, you must have approval from two Massachusetts-licensed certifying physicians stating that you have a debilitating life-limiting illness or similar condition.

It is illegal to consume medical marijuana in public, mail it, or cross state lines with it. You are allowed to purchase medical marijuana only if you are a resident of Massachusetts or their caregiver.

To purchase or grow recreational marijuana, you must be 21 years of age or older. You must also have a government-issued ID.

It’s illegal to consume recreational marijuana in public, mail it, or cross state lines with it. If you are from another state, you must be 21 years of age or older and have a government-issued ID.

Dispensary design requirements

A licensed dispensary must be within 500 feet of a school. The distance might be different if the municipality implemented a smaller buffer zone. 

There are some requirements you need to take into account:

• Selling medical and recreational  marijuana in two separated areas 
• Not using neon signs
• Making consumer education available
• Not donating or giving away cannabis
• Not using coupons
• Not selling marijuana products with nicotine 
• Not selling alcohol that requires a license
• Ensuring a sufficient supply for registered patients
• Submitting all the necessary information quarterly

All licensees must work on:

• Installing proper lighting
• Making sure each entrance is secured from unauthorized entry
• Preventing loitering
• Having limited access areas 
• Keeping all marijuana products in secure safes or vaults
• Ensuring an emergency response plan with the necessary local police and fire departments
• Installing 24-hour video cameras in all areas where marijuana can be found
• Using a perimeter alarm on all building entry points and perimeter windows, along with a panic alarm if you have a location with a building or greenhouse
• Utilizing a perimeter security fence, commercial grade locks, and a continuously monitored security alarm system if you have outdoor cultivation

Purchase limits

In Massachusetts, any registered patient can purchase a 60-day supply of medical cannabis from a licensed dispensary. This supply is limited to ten ounces, though the certifying health care provider can specify more on the patient’s certificate. A qualifying patient who has a 14-day temporary registration can purchase a supply of up to 2.5 ounces for two weeks, though the certifying health care provider can specify different quantities on the patient’s certificate.

A marijuana dispensary shall not sell more than one ounce of marijuana or its combined dry weight equivalent in marijuana concentrate, or edible marijuana products, to a customer per day. In addition, one ounce of marijuana flower shall be equivalent to five grams of active tetrahydrocannabinol (THC) in marijuana concentrate – it includes tinctures but is not limited to them. Lastly, one ounce of marijuana flower shall be equivalent to five hundred milligrams of active tetrahydrocannabinol (THC) in edible marijuana products. 

Topicals and ointments shall not be subject to daily sales limitations.

Label requirements

You must use plain packaging without any bright colors, cartoon characters, or other features appealing to minors.

For marijuana and marijuana products:

• The name, telephone number, registration number, and email address of the MTC responsible for the production
• The retail licensee’s business telephone number, email address, and website information
• The date when marijuana or marijuana products were packaged
• The information on which licensee is responsible for packaging 
• Batch and sequential serial numbers
• A bar code  
• Net weight or volume
• The full cannabinoid profile
• A seal and statement certifying that the product has been tested for contaminants
• A mark or symbol indicating that the package contains cannabis (these signs must be chosen by the commission and displayed in an easily recognizable way)
• The statement, with capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”

For edibles:

• The name, telephone number, registration number, and email address of the MTC responsible for producing marijuana
• The retail licensee’s business telephone number, email address, and website information
• The product name 
• The statement: “Refrigeration of the product is required” (if applicable)
• Refrigeration of the product is required, as applicable
• Net weight or volume
• The number of servings
• The specific weight in milligrams of a serving size
• The type of marijuana that was used during production
• The type of processing technique that was used during production
• Types of solvents that were used during the production
• A list of ingredients
• The full cannabinoid profile
• The amount of sugar, sodium, and carbohydrates (in grams)
• Total fat per serving
• The date of creation
• The recommended “use by” or expiration date 
• Batch and sequential serial numbers
• A bar code  
• Directions for use
• A seal and statement certifying that the products have been tested for contaminants (and the fact that no adverse findings were found), together with the date of testing
• A warning if any nuts or other allergens are contained in the product
• A mark or symbol indicating that the package contains cannabis (these signs must be chosen by the commission and displayed in an easily recognizable way)
• The statement, with capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”

For marijuana concentrates and extracts:

• The name, telephone number, registration number, and email address of the MTC responsible for producing marijuana
• The retail licensee’s business telephone number, email address, and website information
• The product name 
• Product identity, including words “concentrate” or “extract,” if applicable
• Net weight or volume
• The number of servings
• The specific weight in milligrams of a serving size
• The type of marijuana that was used during production
• The processing technique applied during production
• Types of solvents used 
• A list of ingredients
• The full cannabinoid profile
• The number of specific additives used during the manufacturing process 
• The date of creation
• The recommended “use by” or expiration date
• Batch and sequential serial numbers
• A bar code  
• Directions for use
• A seal and statement certifying that the products have been tested for contaminants (and the fact that no adverse findings were found), together with the date of testing
• A warning if any nuts or other allergens are contained in the product
• A mark or symbol indicating that the package contains cannabis (these signs must be chosen by the commission and displayed in an easily recognizable way)
• The statement, with capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”

For marijuana-infused tinctures, topicals, or other non-edible marijuana-infused products:

• The name, telephone number, registration number, and email address of the MTC responsible for producing marijuana
• The retail licensee’s business telephone number, email address, and website information
• The marijuana product’s identity
• The type of marijuana used during production
• The type of processing technique applied during the production
• Types of solvents used 
• A list of ingredients
• The full cannabinoid profile
• Net weight or volume
• The number of servings
• The specific weight in milligrams of a serving size
• The date of product creation
• Batch and sequential serial numbers
• A bar code  
• Directions for use
• A seal and statement certifying that marijuana or marijuana products have been tested for contaminants (and the fact that no adverse findings were found), together with the date of testing
• A warning if any nuts or other allergens are contained in the product
• A mark or symbol indicating that the package contains cannabis (these signs must be chosen by the commission and made in an easily recognizable way)
• The statement, with capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”

For repackaged marijuana:

• The name of the cultivator
• The registration number of the cultivator
• A qualifying patient’s name (not needed if marijuana is medical)
• Business or trade name of the licensee responsible for packaging the product (if it’s different from the cultivator)
• Date of harvest
• Type of marijuana or name of the strain
• The full cannabinoid profile
• Batch and sequential serial numbers
• A bar code  
• Net weight of usable marijuana (in grams)
• A seal and statement certifying that the  products have been tested for contaminants (and the fact that no adverse findings were found), together with the date of testing
• A mark or symbol indicating that the package contains cannabis (these signs must be chosen by the commission and displayed in an easily recognizable way)
• The statement, with capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”

Seed-to-sale tracking and Metrc

Before taking part in any commercial cannabis activity, you must create an account within the track and trace system. Once done, you can start cultivating, manufacturing, testing, transporting, and selling marijuana and marijuana products.

You must record all sales under the appropriate license in Metrc. Please note that medical patients are exempt from sales tax on products, and all the necessary and correct data is collected under the applicable license. 

To enter your sales into Metrc, you can use an API, CSV file, or manual upload. You can get more specific information on the functionality from your POS provider. 

All display marijuana products need to have their own separate Metrc package tag that is created from the parent package. However, these tags don’t need to be physically displayed on the product. 

Operational requirements

You shall sell marijuana or marijuana products only from 8:00 A.M. to 9:00 P.M. If there are some changes to these regulations made by the municipality, then the time might be different. 

You must complete all deliveries before 9:00 P.M. local time or the time chosen by the municipality. There shall be no deliveries of marijuana products from 9:00 P.M. to 8:00 A.M. If there are some changes to these regulations made by the municipality, then the time might be different. 

Delivery

Recreational cannabis delivery is not permitted in Massachusetts.

Medical cannabis delivery is allowed.

Before delivery, pay extra attention to security measures and make sure that each delivery vehicle is equipped with:

• An exterior alarm included in a vehicle security system
• A secure storage compartment for marijuana products that is part of the vehicle and can be locked 
• A secure cash compartment that is a part of the vehicle and can be locked 
• A secure means of communication between each vehicle and dispatchers 
• A GPS monitoring device
• A video camera system placed in both the storage and driver areas of the vehicle

General requirements for vehicles used for home delivery :

• The MTC or marijuana courier shall own or lease all vehicles
• All vehicles shall be registered as commercial vehicles
• All vehicles shall be inspected and insured in the Commonwealth of Massachusetts 
• All vehicles and transportation operations shall comply with 935 CMR 501.105(13) and 501.110(7)
• Each vehicle shall have a separate log
• You may not transport anything other than marijuana and marijuana products while you are performing home deliveries

General requirements for home delivery:

• An MTC, or a marijuana courier working for an MTC, shall get Commission approval before getting involved in any delivery operations
• Anyone delivering marijuana or marijuana products shall be an employee of the MTC licensee 
• Anyone delivering marijuana or marijuana products shall have a valid MTC agent registration
• All marijuana and marijuana products shall be obtained from the MTC where the order was placed
• You may use a third-party platform provider to control all orders
• Each vehicle shall not contain items with a retail value of more than $10,000 at one time.
• All marijuana products shall be associated with specific individual orders
• All deliveries shall be tracked with the seed-to-sale SOR as designated by the Commission
• All deliveries shall be completed before 9:00 P.M. or the time chosen by municipal bylaw or ordinance
• No deliveries shall occur from 9:00 P.M. to 8:00 A.M. unless there are some changes made by municipal bylaw or ordinance
• You shall use your best efforts to implement platforms for the electronic payment of funds

General requirements for orders:

• All deliveries shall comply with 935 CMR 501.145(1)(c)
• All marijuana or marijuana products shall be delivered only if a specific order has been received
• It’s not allowed to deliver marijuana or marijuana products to college and university dormitories, federally-subsidized housing, shelters, or residential programs 
• Orders shall be completed only after confirmation of the registered qualifying patient’s pr caregiver’s residence
• You shall deliver only one order per one patient or caregiver during each delivery
• It’s not allowed to deliver products that are perishable or time and temperature-sensitive to prevent deterioration  
• Each order shall be labeled and packaged according to 935 CMR 501.105(5) and (6)
• Any undeliverable or rejected orders shall be taken back to the originating MTC after all deliveries on a delivery manifest have been made

General requirements for manifests:

• You shall have a manifest produced by the MTC during every home delivery
• Each manifest shall have a duplicate (one with the originating MTC and one with the MTC or marijuana courier agent during the delivery)
• Both a patient or caregiver receiving an order and the MTC or marijuana courier agent shall sign the manifest to complete the delivery
• The manifest shall include the originating MTC’s name, address, and license number; the names and agent numbers of the MTC or marijuana courier agents performing the delivery; the patient or caregiver’s name, address, and registration number; a description of marijuana or marijuana products being transported; signature lines both for the person transporting marijuana or marijuana products and for the person receiving them; the MTC or marijuana courier vehicle make, model, and license plate number
• The manifest shall be in the vehicle till all the deliveries are completed
• You shall retain all transportation manifests for no less than one year
• You shall make all transportation manifests available to the Commission on request

License

The type and amount of licenses you need solely depend on the type of cannabis activity your business performs. Your license must be issued or rejected within 90 days from the time the application is submitted. Without a valid license, you cannot operate or be involved in any commercial activity. A licensee may have no more than three licenses of any class.

There are licenses for various types of cannabis businesses:

• Marijuana stores
• Cultivators (these licenses are based on square feet)
• Product manufacturers
• Independent testing laboratories
• Craft cannabis cooperatives (to get this license, you must be a Massachusetts resident for at least a year)
• Research laboratories
• Transporters
• Microbusinesses 

To get a license, you need to provide the following:

• Documents proving that you had a community outreach meeting consistent with the commission’s guidance
• Management and operations profile that includes a certificate of tax compliance, a proposed timeline for the business’s operations, and a detailed summary of your business plan with operating procedures and policies (including security, inventory, storage, record-keeping, preventing diversion, and diversity plans)
• Plans for workplaces free from smoke, alcohol, and drugs
• Plans for immediate dismissal of employees who divert marijuana, engage in unsafe practices on the premises of your business, or were convicted of a felony drug offense
• Procedures and policies for energy efficiency

Medical/Recreational

Cannabis in Massachusetts is legal for both medical and recreational use.