The Cannabis Control Commission concluded its third and final day of policy discussions, which was part of its process to draft and promulgate regulations for the licensing and implementation of the adult-use cannabis industry in Massachusetts.

The decisions made today will be incorporated into a working document that will be subject to a final vote of the Commission, expected to occur next week, before formally promulgating the final regulations prior to the statutory deadline of March 15, 2018.  The regulations will be codified in 935 CMR 500.00.

Draft regulation policy changes or additions determined today:

Cultivation

Agreed to set a cultivation cap of 100,000 sq. ft. of canopy per licensee, including craft marijuana cooperatives; Agreed licensees may enter the market at their desired cultivation tier, and 12 months after the first license is issued, the Commission will evaluate whether licensees successfully sold 85 percent of product required to remain in that tier. Subsequently the Commission will continue to evaluate cultivators’ sales under the same threshold every six months thereafter; and Agreed to reduce the cultivation annual license and application fees for outdoor cultivation by 50%.

Municipalities

Agreed to reduce burdens on municipalities and licensees by striking duplicative language that required licensees to provide documentation certifying they are in compliance with local zoning ordinances and bylaws.

Energy/Environmental Standards

Agreed to set energy efficiency standards for indoor cultivation as recommended by the Executive Office of Energy and Environmental Affairs; Agreed to require license renewal applicants to submit documentation, such as a utility bill, that identifies energy and water use.

Registered Marijuana Dispensaries

Subject to feedback from the Massachusetts Department of Public Health, agreed to allow Registered Marijuana Dispensaries to transfer medical inventory to adult-use inventory, subject to the medical supply threshold of 35% of inventory, or a supply with adequate distribution representative

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