Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.145 - Home Delivery
Universal Citation: 935 MA Code of Regs 935.501
Current through Register 1531, September 27, 2024
(1) General Requirements.
(a) An MTC, or a Marijuana Courier acting on
behalf of an MTC, shall obtain Commission approval prior to engaging in the
delivery of Marijuana and Marijuana Products directly to a Registered Qualified
Patient or Caregiver. An MTC shall comply with
935
CMR 501.110(8) and
935
CMR 501.110(9) and adhere
to its policies and procedures for home delivery approved pursuant to
935
CMR
501.101(1)(c)12.
(b) All individuals delivering Marijuana and
Marijuana Products for an MTC directly to Registered Qualifying Patients and
Caregivers shall be employees of the MTC Licensee and shall hold a valid MTC
agent registration; or, where a Marijuana Courier provides delivery services on
behalf of an MTC, employees duly registered as agents of the Marijuana Courier.
(c) All Marijuana and Marijuana
Products delivered by or on behalf of an MTC in fulfillment of an Individual
Order shall be obtained from the MTC with which the Individual Order was
placed. An MTC cannot pick up Marijuana or Marijuana Products from another MTC
to fulfill an Individual Order.
(d)
An MTC or Marijuana Courier may use a Third-party Technology Platform Provider
to facilitate the ordering of Marijuana or Marijuana Products.
1. All agreements between an MTC or Marijuana
Courier and a Third-party Technology Platform Provider shall be available for
inspection and subject to the control limitations under
935
CMR 501.050(1)(b).
2. The Commission shall be notified in
writing within five days of any Substantial Modification to an agreement
between an MTC or Marijuana Courier and a Third-party Technology Platform
Provider.
3. Any Third-party
Technology Platform shall comply with privacy and patient protection standards
established by the Commission.
4.
The Commission shall be notified in writing on an ongoing basis of any new or
additional or assigned agreements between an MTC or Marijuana Courier and a
Third-party Technology Platform Provider within five days.
(e) The maximum retail value of Marijuana or
Marijuana Products allowed in an MTC's vehicle at any one time shall be $10,000
and each Marijuana Product shall be associated with a specific Individual
Order. For purposes of
935
CMR 501.145(1)(e), "maximum
retail value" shall mean the aggregate value of Marijuana and Marijuana
Products as priced on the day of the order for delivery.
(f) All Marijuana and Marijuana Product
deliveries shall be tracked using the Seed-to-sale SOR as designated by the
Commission.
(g) Limitations on the
time for delivery shall comply with all municipal bylaws and ordinances,
provided however, that all deliveries of Marijuana or Marijuana Products shall
be completed before 9:00 P.M. or the time determined by municipal bylaw or
ordinance, whichever occurs first, and deliveries Marijuana may not occur
between the hours of 9:00 P.M. and 8:00 A.M., unless otherwise explicitly
authorized by municipal bylaw or ordinance.
(h) Every effort shall be made to minimize
the amount of cash carried in an MTC or Marijuana Courier vehicle at any one
time. MTCs and Marijuana Couriers shall use best efforts to implement platforms
for the electronic payment of funds. Where cash is carried in an MTC vehicle,
the storage and transport of cash shall comply with the requirements of
935
CMR 501.110(7).
(2) Orders. All orders for deliveries made by an MTC or Marijuana Courier shall comply with the following requirements:
(a) All Marijuana and Marijuana Products
delivered by or on behalf of an MTC shall comply with 935 CMR
501.145(1)(c).
(b) An MTC shall
only deliver Marijuana or Marijuana Products for which it has received a
specific order from a Registered Qualifying Patient or Caregiver. MTCs are
prohibited from delivering Marijuana or Marijuana Products without a specific
order destined for an identified Qualifying Patient or Caregiver. An order may
be generated directly through the MTC or through a Third-party Technology
Platform identified to the Commission under 935 CMR 501.145(1)(d).
(c) MTCs shall deliver Marijuana or Marijuana
Products only to the primary residence and be prohibited from delivering
Marijuana or Marijuana Products to college or university-designated dormitories
or housing, federally-subsidized housing, shelters or residential programs. An
Institutional Caregiver shall only receive delivery at their Caregiving
Institution.
(d) Orders for home
delivery shall be received by the MTC and completed after confirmation of the
Registered Qualifying Patient's or Personal Caregiver's Residence.
(e) MTCs shall only deliver one Individual
Order, per Qualifying Patient or Caregiver, during each delivery.
(f) Only Marijuana and Marijuana Products
that are Shelf-stable may be delivered. Products that are perishable, or time
and temperature controlled to prevent deterioration may not be allowed to be
delivered by or on behalf of an MTC.
(g) For home delivery, each order shall be
labeled and packaged in accordance with
935
CMR 501.105(5) and
(6).
(h) Any Marijuana or Marijuana Product that
is undeliverable or is refused by the Qualifying Patient or Caregiver shall be
transported back to the originating MTC that provided the product once all
other deliveries included on a delivery manifest have been made. It shall be
the responsibility of the MTC, or the MTC in conjunction with the Marijuana
Courier performing the delivery, to ensure that any undelivered product is
returned to the MTC's physical location and stored in accordance with
935
CMR 501.105(11). A process
for ensuring that undelivered Marijuana and Marijuana Products can be returned
to the MTC by the Marijuana Courier shall be a term of the Delivery
Agreement.
(3) Vehicle and Transport Requirements for Home Delivery.
(a) Vehicles used for home delivery by an MTC
or Marijuana Courier shall be owned or leased by the MTC or Marijuana Courier
and shall be properly registered as commercial vehicles, inspected and insured
in the Commonwealth of Massachusetts.
(b) Vehicles and transportation operations of
an MTC or Marijuana Courier shall comply with
935
CMR 501.105(13) and
501.110(7).
(c) The MTC or Marijuana Courier shall
maintain a separate log for each vehicle in use for home deliveries. For each
delivery, the MTC or Marijuana Courier shall record:
1. The location of the originating MTC and
date and time the vehicle leaves the location;
2. The mileage of the transporting vehicle at
departure from the MTC, mileage on arrival at each Registered Qualifying
Patient or Caregiver destination, and mileage on return to the MTC;
3. The date and time of departure from the
MTC and arrival at each patient destination for each delivery; and
4. An entry indicating the date and time of
the last delivery in an order.
(d) An MTC or Marijuana Courier may not
transport products other than Marijuana and Marijuana Products during times
when and MTC or Marijuana Courier is performing home deliveries.
(4) Manifests.
(a) Every
home delivery shall have a manifest produced by the MTC. A manifest shall be
completed in duplicate, with the original manifest remaining with the
originating MTC, and a copy to be kept with the MTC or Marijuana Courier agent
during the delivery. The manifest shall be signed by the Registered Qualifying
Patient or Caregiver receiving the Marijuana or Marijuana Products and the MTC
or Marijuana Courier agent acting on behalf of the MTC. A signed manifest shall
serve as the written record of the completion of the delivery.
(b) The manifest shall, at a minimum,
include:
1. The originating MTC's name,
address, and License number;
2. The
names and agent numbers of the MTC or Marijuana Courier agents performing the
delivery;
3. The Patient or
caregiver's name, address, and registration number;
4. A description of the Marijuana or
Marijuana Products being transported, including the weight, form or type of
product, cost and transaction number entered in the patient sales
system;
5. Signature lines for the
agents who transported the Marijuana or Marijuana Products;
6. A signature line for the person who
receives the Marijuana or Marijuana Products; and
7. The MTC or Marijuana Courier vehicle make,
model, and license plate number.
(c) The manifest shall be maintained within
the vehicle during the entire transportation process, until all the deliveries
are completed.
(d) An MTC shall
retain all transportation manifests for no less than one year and make them
available to the Commission on request.
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