By Ava Callender Concepcion and Bruce Stebbins
On Sept. 12, members of the Massachusetts Cannabis Control Commission visited the City of Chelsea as part of a series of visits to municipalities across the Commonwealth to educate and engage with state and local leaders, planning and public safety officials, and prospective social consumption businesses about the new license types that will be coming to the Commonwealth.
Regional outreach is just one of our many efforts to gather feedback from stakeholders who will be at the front lines of implementing on-site cannabis consumption in our state. After eliminating a proposed pilot program in 2023, the Commission got to work conducting surveys, holding listening sessions, meeting with numerous stakeholder groups and touring locations in California and Colorado to inform our vision for these license types. On Sept. 29, the Commission will ultimately complete our review and finalize the social consumption rules, incorporating perspective we received along the way, including during a public comment period and hearing hosted by the Commission at its Worcester offices earlier this month.
The Commission has had social consumption regulations in place since 2019; however, a statutory fix was needed to expand the ways in which cities and towns may opt in to hosting such establishments within their borders. Initially municipalities could only do so through a ballot referendum, but the passage of Chapter 180 of the Acts of 2022 enabled communities to opt in through a local by-law or ordinance change as well.
Our latest regulatory revisions aim to ensure that three business models that may eventually make it onto the books will be viable, while providing access to spaces where consumers and patients can use cannabis freely and without stigma—while maintaining public health and safety. Striking that careful balance is a monumental task, so it has been important that we have had a cross-section of input while we work to establish a framework that will work for Massachusetts.
In Chelsea, we enjoyed a fruitful discussion about the possibilities of social consumption and the safeguards needed to make sure it is successful with State Rep. Judith A. Garcia, Chelsea City Manager Fidel Maltez, City Solicitor Cheryl Watson Fisher, Fire Chief John Quarteri, Police Chief Keith Houghton, and Public Health Director Flor Amaya, among others. The visit concluded with a tour of Trinity Naturals, an LGBTQ+, women- and social equity-owned licensed Marijuana Establishment in Chelsea.
In an effort to advance the Commission’s mission to ensure those who have been most harmed by the War on Drugs have opportunities to benefit from the regulated cannabis industry, social consumption licenses will be exclusively available, for a limited time, to participants of the Commission’s equity programs as well as microbusinesses.
Additionally, to ensure these venues and events are safe destinations for Massachusetts residents to consume regulated product, the Commission has also incorporated a number of precautions such as:
• No licensed social consumption business will be allowed to serve alcohol or tobacco;
• Employees will have to take dedicated training to recognize drug and alcohol impairment;
• Licensees will be required to offer customers a “cool down” space if they consume too much or have an adverse reaction;
• Sales of cannabis products must cease 30 minutes before the business’ closing time;
• Licensees will need to make food and non-alcoholic beverages available because some research has shown that consuming food and cannabis may mitigate the intoxicating effects;
• All licensees will have to have an approved transportation plan to assist impaired customers;
• Businesses must comply with strong ventilation requirements where cannabis will be smoked in-doors, plus any personal protective equipment requested by any employee;
• Product menus will list estimated onset times to prevent overuse; and
• As usual, strict ID policies will be enforced to prevent anyone under age 21 from consuming.
We kicked off our statewide Social Consumption Municipal Series in April, and so far, Commissioners and staff have visited Haverhill, Holyoke, Provincetown, and Somerville—in addition to the most recent tour in Chelsea. We are in the process of planning outreach to other municipalities that are considering the possibilities that social consumption has to offer.
Ultimately, it will be up to municipalities to determine how social consumption will fit best into the fabric of their community. Will residents be best served by consumption options that are available within an existing Marijuana Retailer or Cultivator, in partnership with a non-cannabis business (such as a performance venue or yoga studio), or within a limited event? Nothing will be able to move forward without the city or town first opting in, updating zoning and bylaws, and considering a host community agreement with the licensee.
With social consumption on the horizon, it is an exciting time for Massachusetts’ regulated industry, and we know many are eagerly awaiting its arrival. It’s important to note that unregulated on-site consumption is already happening in the Commonwealth. These licenses offer legacy business owners the opportunity to transition to the legal market, for new consumers to try new products with the help of support staff, a legal pathway for patients and adults to consume cannabis if their housing does not allow it, and a destination for communal consumption away from the general public.
While we continue to work diligently towards the promulgation of these regulations, our work will not end there. We look forward to continuing to engage with all stakeholders as these businesses take shape and to educate the public about what is coming next for social consumption in Massachusetts.
Commissioner Ava Callender Concepcion and Acting Chair Bruce Stebbins were appointed to serve as Massachusetts Cannabis Control Commissioners in 2021 for their expertise in public safety and regulated industries, respectively.