Massachusetts Approves Marijuana Delivery and Social Use While Banning Vaping

In late September 2019, the Massachusetts Cannabis Control Commission approved new regulations to allow marijuana delivery and social use cannabis cafes, passing them in a 4-1 vote. These new facets of the industry promised to open up even more opportunities. In the midst of it all, however, Massachusetts Governor Charlie Baker announced a four-month ban on all vape sales, including those sold in licensed dispensaries.

Massachusetts Temporarily Bans Vaping

The Governor charged the Cannabis Control Commission with enforcing the ban after dozens of vape-related illnesses and five reported deaths. Most of these had been caused by vape cartridges produced and sold in unregulated illicit markets. The governor commented, “It’s pretty clear at this point that there’s something going on with vaping, and everyone should keep that in mind.”

Massachusetts was the first state to ban all vaping products. While the concern was legitimate, many wondered how the move would affect the cannabis industry. In fact, some regulators and advocates felt the decision was premature and could spread misinformation about laboratory-tested vape cartridges.

Shaleen Title, a commissioner on the Massachusetts Cannabis Control Commission, pointed out that “This is a terrible decision. Purposely pushing people into the illicit market — precisely where the dangerous products are — goes against every principle of public health and harm reduction. It is dangerous, short-sighted, and undermines the benefits of legal regulation.”

Marijuana Home Delivery & Social Cannabis Cafes

The vote to license marijuana delivery services and social use cannabis clubs brought new optimism to the conversation. For the first two years, the CCC prudently decided to offer delivery and cafe licenses only to social equity and economic empowerment applicants. Specifically, this included businesses owned by minorities, people with prior drug convictions, and residents from communities disproportionately affected by the war on drugs.

Massachusetts Cannabis Control Commission chairman Steven Hoffman noted, “We feel like we have got a good balance between trying to meet the will of the voters but recognizing that there are concerns from a public health and a public safety standpoint.”

As the only no vote on the new regulations, Commissioner Jennifer Flanagan believed it was still too early to add these license categories to the industry. “I think we need to stand up this industry, making sure the retail and cultivation and microbusinesses all get priority before we start to do home delivery and social consumption.” Flanagan remarked.

Marijuana delivery and social use cafes would still be heavily regulated, much like other parts of the industry. Both licenses would require applicants to obtain a host community agreement, which could be a lengthy process depending on location. Once an applicant secured that agreement, they faced a $1,500 application fee and a $10,000 annual renewal fee. However, for social equity and economic empowerment applicants, these fees would be either significantly reduced or completely waived.