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July 21, 2020

Proposed Cannabis Control Commission regulations would prevent caregivers from receiving kickbacks, allow out-of-state medical registrations

A large train station with two spires Photo | WBJ File The Cannabis Control Commission occupies the second floor of Union Station.

The Cannabis Control Commission approved on Monday a slew of draft regulatory changes that will be open to public review and comment once filed with the Secretary of State’s Office, with a final vote scheduled to take place on Sept. 24.

The changes stem from, among other things, a June 19 public policy discussion, as well as public comments the CCC received during previous regulatory review periods, issues raised from the cannabis industry and drafting groups run by commissioners, according to a Monday evening press release.

Among the regulatory drafts is a proposal to allow both medical and recreational marijuana facilities to use brand-name sponsorship at certain events, so long as they do not advertise to underage attendees. They would be allowed to target advertising so long as they maintained records detailing the composition of their target audience, according to the CCC.

The CCC is also looking to make changes to the state’s medical program, including expanding the personal caregiver program to allow one caregiver to serve up to 10 patients, and prohibiting those caregivers from receiving kickbacks from medical dispensaries in exchange for patients using medical cannabis from those facilities. The CCC would also allow, under the proposed changes, certain out-of-state patients to register as cannabis patients, a nod to out-of-state travelers traveling to Massachusetts for its renowned hospital systems.

Other proposed changes to the recreational cannabis industry would require economic empowerment applications to report changes of ownership and company control when renewing their certification, and to certify that groups that fall under the economic empowerment umbrella remain in charge. 

In that vein, the CCC is also seeking to update its definition of a person who or entity with direct control over a cannabis business, and delineating a dollar amount for what the CCC would consider a significant contract, according to the CCC.

Other changes include streamlining regulations for both recreational and medical facilities, allowing craft marijuana cooperative farmers to participate in a license solely as landlords and requiring cannabis cultivators, manufacturers and retailers to develop a plan for providing and receiving vendor samples. Samples would have to be tracked, recorded and documented throughout all of their movements, according to the CCC. 

A public hearing on the drafted regulations is scheduled for Aug. 3. Additional information about the proposed changes and the approval process is available on the CCC website

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