Alert: Massachusetts Cannabis Control Commission Extends Exclusivity for Delivery Licenses | Cannabis Law Report | How to buy Skittles Moonrock online

WORCESTER—The Massachusetts Cannabis Control Commission (Commission) approved extending the exclusivity period for delivery license types until at least April 2026 to allow further research into the success of businesses with Delivery Courier, Delivery Operator, and Delivery Endorsement licenses.

Commissioners on March 13 voted unanimously (3-0) to approve a 12-month extension of the initial equity exclusivity period, which goes in effect today and will end on April 1, 2026. Under the exclusivity period, which began April 1, 2022 with the first Delivery Operator license commencing operations, delivery licenses are set aside only for businesses with majority ownership made up of Economic Empowerment Applicants (EEA) or Social Equity Program (SEP) participants.

Per Commission regulations, an internal Delivery Exclusivity Working Group was created to report if the goal of full participation in the cannabis industry by people from communities disproportionately harmed by previous marijuana prohibition was met during the three-year exclusivity period for business-to-consumer delivery licensees in the state.

Data collected during the exclusivity period, as well as public feedback in 2024, will be coupled with the evaluation of regulatory changes implemented in late 2024 that affect how delivery businesses operate, including allowing businesses to have one driver in the vehicle for transports under $5,000, extended operating hours, and the ability to produce digital manifests.

The Working Group will deliver its final report on or before Sept. 11, which will include a recommendation of whether Commissioners should extend exclusivity after April 2026. Under 935 CMR 500.050(11)(f)(3), the Commission may extend exclusivity for 12 months without rewriting regulations.