The Legal Joint

10/19/2020

WHY IS LEGAL MA*****NA SO PRICEY IN MASSACHUSETTS?

Massachusetts residents are paying a high price for legal ma*****na. Retail prices for cannabis in the recreational/adult use market range from $50-$60 for one-eighth of an ounce of flower. A vaporizer pen with cannabis concentrate averages over $50 compared to a similar product in other states with legal ma*****na like California, Colorado, Illinois and Oregon. Why the high price for the high here in the Bay State? Several factors contribute to the prices charged at local dispensaries. First, the seasonal climate here limits ma*****na cultivators to primarily indoor growing facilities that can have costly overheads to set up and maintain. Next, the statewide licensing process is costly and lengthy. "Four years after voters signed off on legal cannabis, there are just 36 cultivators and 70 retailers operating in the [Massachusetts] recreational market." See Boston Globe article 10/19/20 below. Other factors include the inexperience of Mass growers compared to longer established legal ma*****na states such as California and Colorado. As a result, "studies suggest that of the 20% of Mass residents who consumer ma*****na, a majority are sticking with the illicit (and illegal) market. While purchasing ma*****na at an adult use dispensary is legal here, purchasing ma*****na from "the dude" or friends is still a crime here. It is, however, also legal in Mass to grow your own ma*****na (6 plants per person and up to 12 per household) and to receive or gift ma*****na to others.

In most cases, cannabis here is even pricier than in other states that legalized the drug more recently.

12/13/2019

https://masslawyersweekly.com/2019/12/12/mariuana-v**e-sales-can-resume-ccc-declares/?utm_term=Mariuana%20v**e%20sales%20can%20resume%2C%20CCC%20declares&utm_campaign=1st%20Circuit%20hears%20appeal%20of%20Boston%20Marathon%20bomber%20Dzhokhar%20Tsarnaev&utm_content=email&utm_source=Act-On+Software&utm_medium=email

Licensed ma*****na retailers for both medical and recreational dispensaries have the green light to resume sales of ma*****na v**es, with some restrictions. The only vaporizer cartridges that are permitted to be sold must have been manufactured after December 12, 2019, =must contain no Vitamin E acetate, and must otherwise comply with the Cannabis Control Commissions testing protocols. Thus, the vaporizers that have been in quarantine since September, 2019 won't be able to be sold. Further, all vaporizers will come with a warning that vaporizing products can be harmful. It is likely that it will take a few weeks for the dispensaries to get products that are permissible for legal sales.

State ma*****na regulators on Dec. 12 eased their ban on va**ng product sales, allowing certain types of products to return to store shelves one day after state public health officials backed off a…

11/06/2019

Judge lifts ban on medical ma*****na va**ng devices

The state-wide ban on medical ma*****na va**ng devices will end next week in accordance with a ruling by Superior Court Judge Douglas Wilkins in a case brought by medical ma*****na patients. The court determined that, since last December the Massachusetts Legislature granted the Cannabis Control Commission ("CCC") exclusive powers over medical ma*****na and gave the Department of Public Health (DPH) an advisory role, Baker and the DPH exceeded their authority in enacting the ban. The ruling applies only to medical ma*****na patients at this time and will not effect the ban on recreational va**ng devices or ni****ne v**es. Governor Baker may decide the appeal this ruling. The Supreme Judicial Court will hear arguments regarding the total ban for ni****ne an recreational ma*****na va**ng products in December.

A Superior Court judge ruled on Tuesday that Gov. Charlie Baker and his administration are blocked from enforcing their ban on medical ma*****na va**ng products, leaving it up to the Cannabis Control Commission to decide whether to continue enforcing the prohibition.

11/05/2019

https://www.bostonglobe.com/news/ma*****na/2019/11/04/federal-grand-jury-investigating-municipal-ma*****na-contracts/fTz2S54H5iiReLuPlOSWaL/story.html?p1=HP_Feed_ContentQuery

Why is U.S. Attorney Andrew Lelling seeking documents from cities and towns regarding their community host agreements with potential ma*****na businesses?

Community host agreements, a contract forged between a potential recreational ma*****na business and the town in which they wish to locate, vary from town to town. Ma*****na industry leaders and the Cannabis Control Commission have pointed out that the laws governing such agreements are flawed in several ways. First, local officials often demand more than the amount set by statute from a business, 3% of a company's annual revenue for a maximum of five years. However, the communities believe that the law doesn't prohibit them from asking for additional fees. Second, the large excess payments requested by cities and towns are a major obstacle for small, local and minority run business.

It's likely that the US Attorneys office is seeking to uncover corruption however, such as the case with disgraced Fall River mayor Jasiel Correia who allegedly pressured potential ma*****na businesses to pay him in cash bribes. The Cannabis Control Commission receives complaints daily regarding the community host agreement process and in January, the commission voted to ask the Massachusetts Legislature for clear authority to oversee all such contracts. The federal investigation may invite greater scrutiny of these agreements, although it not likely to change the process until the Massachusetts legislature takes action or grants the commission the authority it has requested.

Prosecutors in the office of US Attorney Andrew Lelling have subpoenaed a number of Massachusetts cities and towns, seeking information related to so-called “host community agreements” signed with ma*****na operators.

03/24/2019

IS "BIG MA*****NA" TAKING OVER CANNABIS IN MASSACHUSETTS???

If you want in on the burgeoning Massachusetts ma*****na recreational market, you need to have big, deep pockets. The Globe Spotlight article attached delves into the behind-the-scenes big investors and businesses that may actually be controlling the dispensaries and ma*****na related businesses receiving licenses to operate legally in Massachusetts. "You have to spend 1 million just to get approval" from regulators, said an individual grower and former owner of Verdent Medical, a start up cannabis company in Massachusetts in 2016. Alex Erickson , founder of Verdent Medical, Inc., realized that he could grow ma*****na for $4,000 per pound in place of the lettuce he was growing for $10 a pound. But, after investing $650,000 and two years of work, he sold the company to a "big ma*****na" holding corporation, Sea Hunter because he couldn't afford to wait out all the state and city red tape required. Did, as the article suggests, Massachusetts policy makers fail to foresee just how difficult it would be to keep out "giant investors" in favor of small and minority applicants? And, will the Cannabis Control Commission take a closer look into exactly who is actually receiving the licenses to operate that are being issued?

SPOTLIGHT You can’t own more than three pot shops, but these companies are testing the limit — and bragging about it By Beth Healy, Dan Adams, Nicole Dungca, Andrew Ryan, Todd Wallack and editor Patricia Wen of the Spotlight Team. This story was written by Healy.March 21, 2019 First in a series....

01/09/2019

What's next for cannabis in the Commonwealth in 2019? Pot cafes and home delivery could be the next cannabis business permitted and licensed in the state. The Cannnabis Control Commission will meet this Thursday to discuss the possibility of licensing pot cafes where adult users of recreational ma*****na can legally consume ma*****na. Additionally, they will discuss public safety and health concerns for both social consumption cafes and ma*****na home delivery services. https://www.bostonglobe.com/news/ma*****na/2019/01/08/social-ma*****na-consumption-home-delivery-discussed/LzpTAocnpGgGRYN3tix1tL/story.html

01/04/2019

A Massachusetts Legislative Committee has released a report containing research and recommendations for implementing new procedures for identifying and prosecuting drugged drivers. Other state agencies are calling for an increase in the number of DRE's (drug recognition experts). In general, courts in the Commonwealth have been reluctant to qualify DRE's as "experts" and testimony from DRE's in drugged driving cases is often limited to observations and opinion testimony on whether a person is under the influence of drugs is generally now permitted into evidence.
https://mass-cannabis-control.com/wp-content/uploads/2019/01/SCOUI-Legislative-Report-01.01.18-Final.pdf?fbclid=IwAR3HUyl-fCP1m9fRHkKnwtXpeTIXr85J9RRF0u_P-lAhXXWBX6gXzxCJSqE

11/23/2018

Stores in Leicester and Northampton opened Tuesday, becoming the first ones to sell recreational ma*****na on the East Coast, two years after Massachusetts voters passed the measure.

11/20/2018

Thanks-giving in Mass for the opening of the first recreational ma*****na shops!

Finally, after two long years, Massachusetts residents can legally purchase ma*****na and ma*****na products at two locations n Western Massachusetts. Lines were long, but customers seemed thrilled to be among the first to legally purchase their ma*****na.
https://www.bostonglobe.com/news/ma*****na/2018/11/20/first-recreational-pot-shops-mass-open-today/vZ7GY3OpSqEPCV6sD5zKRP/story.html

Although possession and use of ma*****na has been legal for sometime in the Commonwealth, this marks the beginning of a new era for residents. Its important to keep in mind that there are rules regarding the amount of ma*****na that can be purchased, and driving under the influence of ma*****na is still a crime in the state.

Here is what is being offered for sale at the two newly opened dispensaries:
https://www.bostonglobe.com/news/ma*****na/2018/11/19/here-what-menus-massachusetts-first-ma*****na-dispensaries-look-like/J0mOzTKtsGyq8k5WJEm6ZI/story.html?p1=Article_Recommended_ReadMore_Pos1

Stores in Leicester and Northampton opened Tuesday, becoming the first ones to sell recreational ma*****na on the East Coast, two years after Massachusetts voters passed the measure.

11/13/2018

RECREATIONAL SALES OF MA*****NA IN THE COMMONWEALTH IS CLOSER NOW AS THE CCC GIVES TESTING LABS THE "GREEN" LIGHT

CONTACT: Cedric Sinclair, Director of Communications, 857-268-6454; Maryalice Gill, Press Secretary, 857-292-4891, [email protected]

10/01/2018

Recreational Pot is legal in Massachusetts, so why isn't there anyplace to buy it?????

The retail recreational ma*****na business has been delayed significantly from the deadline of July 1 (which was also delayed early on). Below is a link to a map published on the Cannabis Control Commission's website showing where in the state applications for ma*****na related businesses licenses have been received.
https://mass-cannabis-control.com/wp-content/uploads/2018/09/September-20-2018-Map_1200x530_.pdf

To date, no retail ma*****na businesses have opened their doors in the Commonwealth. Also, why is the number of applications in Suffolk County so low compared to the rest of the state counties?

https://www.bostonglobe.com/metro/2018/09/30/boston-inches-forward-with-recreational-ma*****na-permits/JHfu2QWKa0HOusngOlk7AN/story.html

06/22/2018

The first adult recreational ma*****na license has just been granted to a cultivator in Milford, Massachusetts. Here's a great article about what to expect and what you can and cannot do with recreational ma*****na in Massachusetts!

Get the lowdown on when shops will open, how much pot will cost, where you can legally smoke it, and more FAQs.