Massachusetts marijuana retailers ready to sue over delivery rules

Commissioners seem ready to close out a bumpy policy-setting process next week with a vote to adopt new regulations that would reshape the legal marijuana industry to include a home delivery aspect, but that decision could give way to a legal challenge in short order.

Through an attorney, some existing marijuana retailers recently threatened to sue the Cannabis Control Commission if it votes to adopt its latest set of industry rules on Monday, as is expected. Though the new regulations affect the entire marijuana industry, the provisions that would allow a new class of licensees to deliver marijuana to customers at home have drawn the most controversy.

“Put simply, the Commission’s adoption and implementation of the Proposed Regulation would be in direct contravention of its own governing and enabling statute which clearly and unambiguously states that only Marijuana Retailers, as defined in the statute, are permitted to deliver cannabis products to consumers,” Howard Cooper, an attorney with Todd & Weld LLP, wrote in the letter earlier this month.

Cooper added, “Given the clarity of the law here, please understand that our clients will have no choice but to challenge the Commission’s Proposed Regulations in court if adopted. We write in hope of avoiding a legal dispute.” [Read more at The Herald News]