The Cannabis Control Commission earlier this year issued an important Administrative Order regarding the transportation of marijuana. The order authorizes the transport of marijuana and marijuana products over state territorial waters to and from adult-use Marijuana Establishments and Medical Marijuana Treatment Centers on the Nantucket and Martha’s Vineyard.
The Administrative Order comes in response to continued marijuana prohibition at the federal level which prevents the transport of marijuana and marijuana products to and from mainland Massachusetts licensees to island licensees. Individuals who reside or work on the islands expressed concern regarding the growing risk to patient and adult access of marijuana posed by a lack of product availability from island licensees. The Commission’s Order will allow adult-use Marijuana Establishments and Medical Marijuana Treatment Centers to transport marijuana and marijuana products only over state territorial waters, which is defined as those navigable within the boundaries of the Commonwealth as identified by the Massachusetts Office of Coastal Zone Management.
The Order sets forth several requirements that transporting licensees must satisfy. This includes submitting a detailed Standard Operating Procedure, transporting on a “seaworthy vessel,” and ensuring that no boat contains any external markings that indicate it is used to transport or deliver marijuana. The Commission also warns that “Licensees that choose to transport marijuana and marijuana products over state territorial waters assume all associated risks.”
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