MassCBA Statement on Withdrawal of Lawsuit Against Delivery Rules

After an outcry from advocates including the Massachusetts Cannabis Business Association (MassCBA), the Commonwealth Dispensary Association announced that it will withdraw its lawsuit seeking to void new Cannabis Control Commission delivery regulations. The Massachusetts Cannabis Business Association (MassCBA), an organization of Massachusetts cannabis-related businesses including cultivators, manufacturers, dispensaries, microbusinesses and ancillary businesses that serve the cannabis industry, released the following statement in response:

“As a cannabis business association committed to building an industry that is inclusive, diverse and creates business ownership opportunities for all, particularly Black and Latino entrepreneurs and those who have been harmed by the failed war on drugs, we are pleased that this ill-intentioned lawsuit is being dropped,” said MassCBA President and CEO David O’Brien. “We applaud the focused, tenacious and downright effective work of advocates to hold the emerging cannabis industry accountable. Going forward, we will continue to fight to remove barriers to entry for small entrepreneurs like onerous host community agreements. We will work with the Cannabis Control Commission, advocates and the industry itself to create a social equity loan fund that assists small entrepreneurs who have been harmed by cannabis prohibition and just want the opportunity to get their foot in the door of this growing industry.”

The new regulations establish two Marijuana Establishment types (Marijuana Courier and Marijuana Delivery Operator) authorized to provide limited delivery services to adult-use cannabis consumers in the Commonwealth. The Commission’s delivery regulations specify that both license types will be exclusively available to Certified Economic Empowerment Priority Applicants (EEAs) and Social Equity Program (SEP) Participants for a minimum of three years, with the exclusivity period beginning once the first Marijuana Delivery Operator commences operations.

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