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Cannabis in Massachusetts

Massachusetts voters decriminalized small amounts of marijuana in 2008 and approved medical cannabis in 2012. Four years later, residents voted to legalize adult-use cannabis. The first retail stores opened in November 2018.

In September 2019, the Cannabis Control Commission approved the final adult-use and medical marijuana regulations, which created new license types for social consumption and delivery, revised fees for some license types, and the elimination of the annual patient registration fee as well as updated rules related to ownership and control, energy and environmental standards, and public health and safety.

By the end of October 2020, the state had already made more than $1 billion in legal cannabis sales. Also in 2020, the social equity program launched with all delivery licenses reserved for social equity applicants for the first three years. The first deliveries were made in June 2021.

Overview of Key Massachusetts Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? Yes

Personal Laws

People in Massachusetts age 21 and over can possess and grow cannabis for medical and recreational use within certain limits. There is no penalty for possessing the legally allowed amounts of cannabis identified below.

Personal Possession

Possession Outside the Home: Up to 1 oz. of cannabis with no more than 5 grams of concentrate

Possession Inside the Home: Up to 10 oz. of cannabis and any cannabis produced by plants cultivated on the premises

Personal Growing

Massachusetts residents age 21 and over may grow cannabis in their homes under certain limitations. Plants may not be grown in areas that are visible from a public place.

Individual Home Growing: No more than 6 plants

Home Growing for Multiple Adults in the Same Residence: No more than 12 plants in a residence for all adults combined

Medical Cannabis Patient Qualification and Registry

Individuals are required to register with the state as medical marijuana patients and renew their registration each year. There is no fee for registration as of September 24, 2019. Patients must have a qualifying condition and receive a medical marijuana recommendation from a certifying physician, nurse practitioner, or physician’s assistant who is registered with the state to certify patients for medical marijuana.

Qualifying medical conditions include:

  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Cancer
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • Multiple Sclerosis
  • Parkinson’s disease
  • Other conditions as determined in writing by a qualifying patient’s physician

Business Laws

Vertical integration is required in Massachusetts with some exceptions, which means a company must hold multiple licenses across the state’s supply chain (e.g., both cultivation and dispensary licenses). Programs are in place to help certified Economic Empowerment Priority license applicants and Social Equity Program Participants.

There is no limit on the number of dispensary or retail licenses. However, municipalities may set their own limitations.

License Types

  1. Cultivation Licenses
  2. Microbusiness Licenses
  3. Manufacturing Licenses
  4. Medical Dispensary Licenses
  5. Adult-Use Retail Licenses
  6. Independent Testing Laboratory Licenses
  7. Research Laboratory Licenses
  8. Third-Party Transporter Licenses
  9. Marijuana Courier Licenses
  10. Marijuana Delivery Operator
  11. Delivery Endorsement

License Fees

Cultivation: $200-$600 application fee and $625-$12,500 license fee for Tier 1-11 Indoor or $100-$300 application fee and $1,250-$25,000 license fee for Tier 1-11 Outdoor

Microbusiness: $300 application fee and license fee equal to 50% of all applicable fees

Manufacturing: $300 application fee and $5,000 license fee

Medical Dispensary: $1,500 application fee and $50,000 licensing fee (Stage 1) or $30,000 application fee and $50,000 licensing fee (Stage 2)

Adult-Use Retail: $300 application fee and $5,000 license fee

Independent Testing Laboratory: $300 application fee and $5,000 licensing fee

Research Laboratory: $300 application fee and $1,000 licensing fee

Third-Party Transporter Licenses: $300 application fee and $1,000 licensing fee

Marijuana Courier: $1,500 application fee (waived for social equity applicants) and $5,000 licensing fee (for social equity applicants, the license fee is waived for the first year and reduced by 50% to $2,500 in subsequent years)

Marijuana Delivery Operator: $1,500 application fee (waived for social equity applicants) and $10,000 licensing fee (for social equity applicants, the license fee is waived for the first year and reduced by 50% to $5,000 in subsequent years)

Delivery Endorsement: $500 application fee and $5,000 licensing fee (for social equity applicants, the license fee is reduced by 50% to $2,500)

License Timeline

Massachusetts is currently accepting license applications.

Testing

Testing is required in Massachusetts through licensed Independent Testing Labs.

Training

Massachusetts requires that all dispensing organizations who handle or sell cannabis attend Responsible Vendor Training from a state-approved training provider. Leafy Green Agency is a state-approved training provider. Follow the link to learn more about Massachusetts Responsible Vendor Training.

Learn More about Cannabis in Massachusetts and How to Work or Start a Business in the Massachusetts Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in Massachusetts and across the country. Follow the link to register for an upcoming seminar in Massachusetts.

Sources and More Information

Data current as of  2/13/22.