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Massachusetts Cannabis Control Commission Finally Set To Vote on “Two Agent” Rule For Deliveries, Proposed Nearly a Year Ago

The Massachusetts Cannabis Control Commission (CCC) is poised for a significant vote later this month that could reshape cannabis delivery services in the state, which was proposed nearly a year ago. But why has this taken so long, and what can we learn from the delays? Let’s take a look at the proposed policy changes, the challenges faced by delivery businesses in Massachusetts, and how the investigation and the firing of CCC’s previous chair have extended the timeframe in this ongoing saga.

Long Road to Change

The Massachusetts Cannabis Control Commission has been in a state of flux, revisiting rules set years ago. One of the most pressing issues is the two-driver rule for cannabis delivery vehicles, initially established for security reasons.

While the intention was clear—preventing theft and ensuring safety—the execution has posed challenges for small delivery businesses. These companies, many owned by Black, brown, or low-income individuals as social equity applicants, face higher costs and limited delivery capacity due to this rule.

The two-driver rule requires two employees to be present in cannabis delivery vehicles, a decision made with security in mind. The idea was that leaving a vehicle filled with valuable cannabis and cash unattended could invite trouble. However, this well-intentioned regulation has unintentionally burdened businesses with increased labor costs.

Small businesses, especially those emerging in the cannabis industry, struggle to balance profitability with compliance. For these smaller companies, every dollar counts, and hiring an extra employee just for compliance is a tough pill to swallow.

A public hearing held on Tuesday focused on the draft regulations, where around twelve business owners emphasized the significance of the changes and how urgently they have been needed for years, according to NBC Boston.

Chris Fevry, CEO of Dris/Your Green Package, described these businesses as “the guinea pigs of delivery.” His words highlight the experimental phase the industry is currently in, with many companies navigating uncharted waters without a clear map.

“This is something myself and countless other people have been advocating for since the summer of 2020. Four years. We started when I was about to turn 27. I’m 31 now. That’s like a whole high school experience; four years just talking about the same thing over and over and over again,” said Devin Alexander of Quincy, who owns Rolling Releaf delivery service.

Bureaucratic Maze and Delays In the Massachusetts Cannabis Industry

Why the delay? After voting in December 2023 to amend the two-driver rule, the CCC has yet to implement the change nearly a year later. The process of regulation reform is complex and laborious, involving numerous steps from public hearings to legal filings. Commissioner Kimberly Roy emphasized that “promulgation of regulations do not happen overnight,” shedding light on the intricate dance between stakeholders, legalities, and governance.

“There are a number of steps we need to take, from a red line version to public testimony, filing with the Secretary of State’s office, going back, and we’re going to have to do a final round of edits, publicly, if you will, and then then officially promulgating and filing. So it is a little bit of a laborious task, because there are a number of steps required by law, and you know, today is a crucial component of that, hearing directly from folks, from licensees, from stakeholders. We heard from medical patients today, so it’s critically important for us to hear directly from people out in the community,” she said. “So it does take a while, it doesn’t happen overnight.”

The CCC finds itself in a precarious position, balancing the need for swift action with the procedural requirements of regulation reform. The final vote on October 22 aims to address these concerns, offering a glimmer of hope for businesses yearning for change.

Massachusetts CCC Was In ‘Disarray’ Leading to Leadership Changes

The investigation and firing of the former chair of the CCC due to ‘Gross Misconduct’ adds another layer of complexity to the situation. At one point, Inspector General Jeffrey Shapiro reached out to lawmakers in June, urging them to take action on the Massachusetts Cannabis Control Commission, which he described as being in “disarray.”

Leadership changes often lead to shifts in priorities and delays in decision-making, contributing to the ongoing challenges faced by the commission. The drama surrounding the ex-chair underscores the delicate nature of leadership in regulatory bodies.

Path Forward For Massachusetts Cannabis Industry

While the two-driver rule dominates discussions, other aspects of cannabis delivery regulations are also in the spotlight, such as allowing single-driver deliveries for orders up to $5,000 in retail value.

For businesses, this potential change could significantly cut costs and increase delivery efficiency. By aligning regulations more closely with real-world operations, the CCC can create an environment where businesses can thrive without compromising safety.

The proposed changes hold promise for the future of cannabis delivery in Massachusetts. By reducing regulatory burdens, the CCC can empower businesses to expand their offerings and reach more customers, ultimately driving industry growth.

For those interested in making their voices heard in the Massachusetts cannabis industry, several public meetings are scheduled later this month. You can find details and participate by visiting the official calendar at https://masscannabiscontrol.com/calendar/.

The Massachusetts Cannabis Control Commission’s upcoming vote marks a critical juncture for the cannabis delivery industry. Although delays and challenges have marred the path, it also offers an opportunity for meaningful change. The lessons learned from this process highlight the importance of responsive regulation, transparent leadership, and industry collaboration.

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