There are 4 license types offered in Massachusetts:
Information will be updated here as it becomes available. Check back for updates! Please note; while we aim to keep this pages fully up to date with the latest information, cannabis laws are always changing. We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.
Caregivers grow and process cannabis on behalf of patients. They cannot charge for cannabis, only recoup the costs of goods.
Qualified patients can purchase medical marijuana from a Registered Marijuana Dispensary (RMD). For a full list of RMD’s, click here.
To obtain a medical marijuana registration card, a patient must submit the following:
Registration cards are valid for one year from the date of issue and may be renewed via a form and manner determined by the Department of Health.
All of the same rules and requirements apply for qualified patients under the age of 18, with these additional rules:
In order to obtain a personal caregiver registration card, a qualifying patient must submit an application in a manner determined by the Department of Health. Required info will include:
An individual is required to be granted a personal caregiver registration card from the Department of Health prior to serving as the personal caregiver for any qualified patient. Personal caregivers must carry their registration card at any time they’re in possession of medical marijuana.
Detailed rules and regulations can be found here.
Qualified patients and personal caregivers can apply here.
Dispensaries sell legal cannabis, and cannabis products, to responsible adults in compliance with local regulations.
In Massachusetts, Dispensaries are more commonly referred to as Retail Cannabis Stores or Registered Marijuana Dispensaries (RMD).
Retail cannabis store licenses have an additional $15,000 fee on top of the initial application fees.
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our Dispensary Point of Sale and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrackTHC has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
You can find detailed rules and regulations here.
Grower (also commonly referred to as Producers or Cultivators) – Cultivators are responsible for growing cannabis. Mature plants are harvested and transferred to a Processor.
Cannabis Cultivator licenses include an additional $15,000 fee on top of the initial application fees.
Most states require an extensive seed-to-sale cannabis tracking system to monitor cultivation efforts and inventory. Our cultivation seed-to-sale-tracking solution provides comprehensive data tracking with an emphasis on compliance. Customized to meet the unique regulatory frameworks in each state, BioTrackTHC also features an all-in-one business tool to help you operate every aspect of the cultivation business by itself, or as part of the vertically-integrated cannabis business.
Detailed rules and regulations can be found here.
Processors – Processors take harvested cannabis from Cultivators and create derivative extracts for edibles, concentrates, topicals, and prepacks. Finished products are transported to Dispensaries.
In Massachusetts, Cannabis Processors are commonly referred to as Cannabis Product Manufacturers.
Cannabis Product Manufacturer licenses include an additional $15,000 fee on top of the initial application fee.
Most states require an extensive seed-to-sale cannabis tracking system to monitor processing and manufacturing efforts, which is especially important in this part of the supply chain due to conversions into multiple byproducts and higher amounts of waste. Our processing seed-to-sale-tracking solution provides comprehensive conversion tracking focused on compliant data points. Customized to meet the unique regulatory frameworks in each state, BioTrackTHC also features an all-in-one business tool to help you operate every aspect of the cultivation business by itself, or as part of the vertically-integrated cannabis business.
Detailed rules and regulations can be found here.
Laboratories test cannabis for concentration and contaminants. Prior to entering the consumer market, all regulated cannabis is required to undergo quality assurance testing.
In Massachusetts, Laboratories are commonly referred to as Cannabis Testing Facilities.
Cannabis Testing Facilities include an additional $10,000 fee on top of the initial application fees.
Detailed rules and regulations can be found here.
BioTrackTHC software solutions impact the following regulations, to review the rules and regulations in their entirety, please click here.
Labeling of Marijuana and Marijuana Products.
(a) Labeling of Marijuana Not Sold as a Marijuana Product. Prior to marijuana being sold or transferred a Marijuana Cultivator shall ensure the placement of a legible, firmly affixed label on which the wording is no less than 1/16 inch in size on each package of marijuana that it makes available for retail sale, containing at a minimum the following information:
(a) shall not apply to marijuana packaged by a Marijuana Cultivator for transport to a Marijuana Retailer in compliance with 935 CMR 500.105(13) provided however that the retailer is responsible for compliance with this subsection for all marijuana products sold or displayed for consumers.
(b) Labeling of Edible Marijuana Infused Products. Prior to edible marijuana products being sold or transferred, the Marijuana Product Manufacturer shall place a legible, firmly affixed label on which the wording is no less than 1/16 inch in size on each edible marijuana product that it prepares for retail sale or wholesale, containing at a minimum the following information:
(c) Labeling of Marijuana Concentrates and Extracts. Prior to marijuana concentrates or extracts being sold or transferred, the Marijuana Product Manufacturer shall place a legible, firmly affixed label on which the wording is no less than 1/16 inch in size on each marijuana concentrate container that it prepares for retail sale or wholesale, containing at a minimum the following information:
Commission that indicates not that the product is harmful to children:
(d) Labeling of Marijuana Infused Tinctures and Topicals. Prior to marijuana infused tinctures or topicals being sold or transferred the Marijuana Product Manufacturer shall place a legible, firmly affixed label on which the wording is no less than 1/16 inch in size on each container of marijuana infused tincture or topical that it prepares for retail sale or wholesale, containing at a minimum the following information:
935 CMR 500.105(5)(d) shall apply to marijuana-infused tinctures and topicals produced by a Marijuana Product Manufacturer for transport to a Marijuana Retailer in compliance with 935 CMR 500.105(13).
(e) In circumstances where the labeling of the marijuana product is unreasonable or impractical, the Marijuana Establishment may include the labeling information on a peelback label or may place the product in a sealed bag with an insert or additional, easily readable label firmly affixed to that bag.
(a) Subject to the DPH’s approval, a Marijuana Establishment that is also a RMD may sell marijuana products in its possession at the time it receives approval from the Commission to commence sales, subject to the limitation in 935 CMR 500.140(10).
(b) Real-time inventory shall be maintained as specified by the Commission and in 935 CMR 500.105(8)(c) and (d), including, at a minimum, an inventory of marijuana plants; marijuana plant seeds and clones in any phase of development such as propagation, vegetation, and flowering; marijuana ready for dispensing; all marijuana products; and all damaged, defective, expired, or contaminated marijuana and marijuana products awaiting disposal.
(c) A Marijuana Establishment shall:
(d) The record of each inventory shall include, at a minimum, the date of the inventory, a summary of the inventory findings, and the names, signatures, and titles of the individuals who conducted the inventory.
(e) A Marijuana Establishment shall tag and track all marijuana seeds, clones, plants, and marijuana products, using a seed-to-sale methodology in a form and manner to be approved by the Commission.
(f) No marijuana product, including marijuana, may be sold or otherwise marketed for adult use that is not capable of being tested by Independent Testing Laboratories, except as allowed under 935 CMR 500.000.
(g) A Marijuana Establishment that is cultivating, processing or selling marijuana products for medical use as well as marijuana products for adult use must create virtual separation of the products.
At the point of sale, a Marijuana Retailer that is also a RMD must designate whether 935 CMR: CANNABIS CONTROL COMMISSION REVISED DRAFT (D935500.wpd) 935 CMR – 145 marijuana products are intended for sale for adult use or medical use through tracking methodology approved by the Commission under 935 CMR 500.
(h) A Marijuana Retailer that is also a RMD is subject to the laws governing taxation in the Commonwealth, including, but not limited to, the laws regarding taxation, filling, audit and seizure.
Records of a Marijuana Establishment must be available for inspection by the Commission, upon request. The records of a Marijuana Establishment shall be maintained in accordance with generally accepted accounting principles. Written records that are required and are subject to inspection include, but are not necessarily limited to, all records required in any section of 935 CMR 500.000, in addition to the following:
(a) Written operating procedures as required by 935 CMR 500.105(1);
(b) Inventory records as required by 935 CMR 500.105(8);
(c) Seed-to-sale tracking records for all marijuana products as required by 935 CMR 500.105(8)(e);
(d) The following personnel records:
(e) Business records, which shall include manual or computerized records of:
(f) Waste disposal records as required under 935 CMR 500.105(12); and
(g) Following closure of a Marijuana Establishment, all records must be kept for at least two years at the expense of the Marijuana Establishment and in a form and location acceptable to the Commission.
(10) Liability Insurance Coverage or Maintenance of Escrow.
(a) A Marijuana Establishment shall obtain and maintain general liability insurance 935 CMR: CANNABIS CONTROL COMMISSION REVISED DRAFT (D935500.wpd) 935 CMR – 146 coverage for no less than $1,000,000 per occurrence and $2,000,000 in aggregate, annually, and product liability insurance coverage for no less than $1,000,000 per occurrence and $2,000,000 in aggregate, annually, except as provided in 935 CMR 500.105(10)(b) or otherwise approved by the Commission. The deductible for each policy shall be no higher than $5,000 per occurrence.
(b) A Marijuana Establishment that documents an inability to obtain minimum liability insurance coverage as required by 935 CMR 500.105(10)(a) may place in escrow a sum of no less than $250,000 or such other amount approved by the Commission, to be expended for coverage of liabilities.
(c) The escrow account required pursuant to 935 CMR 500.105(10)(b) must be replenished within ten business days of any expenditure.
(d) Reports documenting compliance with 935 CMR 500.105(10) shall be made in a manner and form determined by the Commission pursuant to 935 CMR 500.000.
(13) Transportation Between Marijuana Establishments.
(a) General Requirements.
For the purposes of tracking, seeds and clones will be properly tracked and labeled in a form and manner determined by the Commission.
(b) Reporting Requirements.
(d) Storage Requirements.
(a) not a mobile device that is easily removable;
(b) attached to the vehicle at all times that the vehicle contains marijuana products;
(c) monitored by the Marijuana Establishment or Marijuana Transporter during transport of marijuana products; and
(d) inspected by the Commission prior to initial transportation of marijuana products, and after any alteration to the locked storage compartment.
Establishment and mileage upon arrival at destination Marijuana Establishment, as well as mileage upon return to originating Marijuana Establishment;
Establishment who re-weighed and re-inventoried products; and
(g) Requirements for Agents.
for a Marijuana Transporter must be registered as a marijuana establishment agent and have a driver’s license in good standing issued by the Massachusetts Registry of Motor Vehicles for all classes of vehicle the marijuana establishment agent will operate for the Marijuana Transporter prior to transporting or otherwise handling marijuana products.
(h) Marijuana Transporters shall use best management practices to reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts
(a) A Marijuana Retailer shall only utilize a point-of-sale (POS) system approved by the Commission, in consultation with the DOR.
(b) A retailer may utilize a sales recording module approved by the DOR.
(c) A retailer is prohibited from utilizing software or other methods to manipulate or alter sales data.
(d) A retailer shall conduct a monthly analysis of its equipment and sales data to determine that no software has been installed that could be utilized to manipulate or alter sales data and that no other methodology has been employed to manipulate or alter sales data. A Marijuana Retailer shall maintain records that it has performed the monthly analysis and produce it upon request to the Commission. If a retailer determines that software has been installed for the purpose of manipulation or alteration of sales data or other methods have been utilized to manipulate or alter sales data:
(e) A retailer shall comply with 830 CMR 62C.25.1: Record Retention and DOR Directive 16-1 regarding recordkeeping requirements.
(f) A retailer shall adopt separate accounting practices at the point-of-sale for marijuana and marijuana product sales, and non-marijuana sales.
(g) The Commission and the DOR may audit and examine the point-of-sale system used by a retailer in order to ensure compliance with Massachusetts tax laws and 935 CMR 500.000;
(h) A retailer that is colocated with a medical marijuana treatment center shall maintain and provide to the Commission on a biannual basis accurate sales data collected by the licensee during the six months immediately preceding this application for the purpose of ensuring an adequate supply of marijuana and marijuana products under 935 CMR 500.140(10)
Additional Labeling and Packaging Requirements for Edible marijuana products.
(a) In addition to the requirements set forth in M.G.L. c. 94G, § 4(a½)(xxvi) and 935
CMR 500.105(5) and (6), every Marijuana Retailer must ensure that the following information or statement is affixed to every container holding an edible marijuana product:
(b) Once a label with a use-by date has been affixed to a container holding an edible marijuana product, a licensee shall not alter that date or affix a new label with a later useby date.
(c) A Marijuana Product Manufacturer must ensure that each single serving of an edible marijuana product is physically demarked in a way that enables a reasonable person to intuitively determine how much of the product constitutes a single serving of active THC.
(d) Each serving of an edible marijuana product within a multi-serving package of edible marijuana products must be easily separable in order to allow an average person 21 years of age or older to physically separate, with minimal effort, individual servings of the product.
(e) Each single serving of an edible marijuana product contained in a packaged unit of multiple edible marijuana product shall be marked, stamped, or otherwise imprinted with a symbol or easily recognizable mark issued by the Commission that indicates the package contains marijuana product.
For the latest cannabis-related legislative updates on Massachusetts, check out our Cannabis Bill Tracker!
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