Dutchie does not provide compliance advice. Merchants are responsible for their own compliance. External Dutchie compliance documentation may be updated from time to time and has been prepared for informational purposes only, is not intended to provide, and should not be relied on for, tax, legal or compliance advice. Merchants should consult their own tax, legal and compliance advisors to determine how best to operate within the cannabis industry.
In Massachusetts, cannabis is regulated by the Cannabis Control Commission (CCC). Medical and adult-use cannabis are allowed. Massachusetts also allows out-of-state medical patients to purchase medical cannabis as long as they have a valid, unexpired medical marijuana registry card or its equivalent.
Massachusetts uses Metrc as their seed-to-sale state traceability system and uses the Massachusetts Virtual Gateway (MA CIP) to track medical patient limits. In Massachusetts, all inventory actions must be reported to the state system in real time. Additionally, medical and adult-use cannabis inventory must be separated/partitioned from each other.
A retailer may not knowingly sell to a consumer in a single day more than:
Note: Topicals and ointments are not subject to a limitation on daily sales.
State Sales Tax: 6.25%
State Excise Tax: 10.75%
Local Option Tax: up to 3%
None
Retailers with delivery endorsements and marijuana couriers may transport cannabis to patients and consumers.
Can only deliver to:
Consent required to capture consumer information.
A Marijuana Retailer may not record or retain any additional personal information from Consumer without the consumer's voluntary written permission.
The following exceptions are made for delivery orders:
Marketing Through Free or Discounted Products
Adult use retailers are prohibited from offering free or discounted cannabis as part of a marketing scheme or rewards program and they are prohibited from advertising promotional items, including but not limited to:
Per the CCC’s FAQ, “MTCs may offer free or reduced Marijuana or Marijuana Products and may offer rewards programs, coupons, or other discounts of Marijuana or Marijuana Products to Registered Qualifying Patient.” Due to the ambiguity in the regulations, Dutchie recommends all operators clarify marketing and discounting rules with the CCC.
