FAQ | COVID-19 State of Emergency and Stay-at-Home Advisory | March 23, 2020

The Cannabis Control Commission (Commission) has issued a cease and desist for adult-use cannabis operations in Massachusetts in compliance with Governor Charles D. Baker’s Order Assuring Continued Operations of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More than 10 People issued on March 23. Medical Marijuana Treatment Center operations remain ongoing at this time.

The Commission is providing the following responses to frequently asked questions that have arisen as the result of the Governor’s emergency order. We will continue to monitor ongoing developments as it relates to the COVID-19 state of emergency and update this document as needed to preserve and protect the public health and safety of the citizens of the Commonwealth.

To address any additional questions or concerns, visit MassCannabisControl.com, email Commission@CCCMass.com, or call 774-415-0200.

1. Which businesses or operations must close under the March 23 emergency order?

Licensed adult-use Marijuana Establishments (MEs) must temporarily cease operations from March 24 – April 7 under the emergency order. Colocated Marijuana Operators (CMOs) which are licensed to cultivate, manufacture products, and sell to patients and consumers under both the Medical Use of Marijuana Program and Adult Use of Marijuana Program must temporarily cease their adult-use operations from March 24 – April 7 under the emergency order. Medical Use of Marijuana Treatment Centers (MTCs) may continue to operate at this time.

2. What are my options to acquire medical marijuana if I feel at risk of exposure to COVID-19 when entering a physical MTC?

The Commission is exploring the possibility of MTCs offering curbside pickup for registered qualifying patients in the near future. MTCs are currently authorized to deliver medical marijuana to registered qualifying patients. The Commission has encouraged licensees to consider the promotion and geographic expansion of those services and to remind patients of the ability to acquire up to a 60-day patient supply.

3. Can I order adult-use marijuana deliveries while the stay at home advisory is in place?

No, there are no licensed adult-use marijuana delivery operators in the Commonwealth at this time. Only licensed MTCs are authorized to provide home delivery services to registered qualifying patients.

4. Will CMOs that close adult-use operations under the Administration’s emergency order be able to transfer adult-use inventory to medical use for sale through the Medical Use of Marijuana Program?

Yes, CMOs that are licensed cultivators, product manufacturers, and retailers under both the Adult and Medical Use of Marijuana Programs may transfer adult-use inventory to medical so long as it complies with the regulations under 935 CMR 501.000.

5. How does this emergency order and stay at home advisory impact the Commission’s regulations?

The Commission’s adult and medical use of marijuana regulations do not change under the Administration’s emergency order and stay at home advisory. The Commission has issued a cease and desist order to Marijuana Establishments in order to comply with the temporary order.

6. Will my products still be tested under the emergency order?

Yes, the Commonwealth’s licensed Independent Testing Laboratories that operate under the Medical Use of Marijuana Program will continue to test medical marijuana and marijuana products under the emergency order. MTCs will continue to comply with all testing protocols required under 935 CMR 501.000.

7. Have cultivation and product manufacturing facilities been deemed essential businesses?

Yes, cultivation and product manufacturing are critical parts of a vertically integrated MTC. Medical cultivation and product manufacturing operations shall continue and remain in compliance with all laws, regulations, and restrictions put in place by the emergency orders and stay at home advisories, including social distancing measures. Adult-use operations must cease from March 24 – April 7 pursuant to the Administration’s emergency order.

8. How will my facility handle waste pick up?

MTCs shall maintain compliance with all regulatory obligations, including 935 CMR 501.105 and 935 CMR 501.120. The emergency order also deems water and wastewater, transportation and logistics, and public works employees in waste management as essential services.

9. Will the Commission continue to review licensing applications from prospective Marijuana Establishments despite the emergency order?

Yes, the agency has invested in significant technology capabilities that enable staff to work remotely, including teleconferencing, to sustain all Commission operations.

10. Are Post-Provisional License Inspections and other inspections continuing during the emergency order?

Yes, Investigators and Compliance Officers will continue to conduct inspections while taking every necessary precaution. Some inspections may be rescheduled. The Commission will continue to evaluate our protocols with respect to inspections and other business and will undertake every effort to ensure there is minimal disruption to productivity while ensuring the safe operation of the Commission.

11. Will Commission staff work with local police and other authorities to manage lines and operations?

Yes, the Commission will work alongside licensees, state and local authorities, and the general public to ensure that we’re all following the various orders, advisories, and guidelines. We have encouraged and expect that licensees will limit lines and queues and encourage patients to utilize mobile and order-ahead capabilities or offer deliveries whenever possible. Our investigators and compliance officers remain in the field and will continue to monitor compliance with those requirements, as we take the health and welfare of patients, the public, as well as our staff, seriously.

12. Will the Commission continue to conduct public meetings, manage open investigations, and hold scheduled administrative hearings?

Yes, the agency has invested in significant technology capabilities that enable staff to work remotely, including teleconferencing, and sustain every aspect of Commission operations. The Administration has issued an Executive Order Suspending Certain Provisions of the Open Meeting Law that permits public bodies to continue to convene through the use teleconferencing and other means.

Regarding licensing and enforcement functions, Commission staff will be in touch with licensees by email for Requests for Information, scheduling appointments and adjustments, and other requests, to manage ongoing investigations, administrative hearings, and other core functions.