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Background
The Massachusetts Cannabis Control Commission (CCC)1 established the delivery exclusivity (DE)2 period to promote equity for communities historically harmed by the “war on drugs.” For this work, the “war on drugs” is understood as a set of U.S. government policies starting in the 1970s aimed at strictly monitoring and sanctioning the illegal drug trade and illegal drug use.
This overarching policy is often criticized for disproportionate enforcement in urban and lowincome areas, particularly among Black and Hispanic communities. The DE program aims to create a viable pathway into the cannabis market for those individuals impacted by the heightened drug prohibition enforcement during this period.
The policy states that delivery-type licenses, which provide a lower barrier of entry compared to more capital-intensive licenses such as retail and cultivation, will only be awarded to businesses with majority ownership comprised of Social Equity Program (SEP) or Economic Empowerment Program (EEP) participants. In turn, the SEP and EEP programs are reserved for those who have been disproportionately harmed by the war on drugs, based on various requirements such as living in disproportionately impacted communities, or having a criminal justice history related to the prohibition of marijuana, among other requirements. The terms disproportionately harmed and disproportionately impacted thus appear throughout this report to describe the population targeted for the delivery exclusivity policy.
These delivery license types were inspired by delivery service models used in other industries, such as Uber Eats or Amazon.com, where drivers deliver goods directly to consumers without the need for a traditional brick and mortar outlet. While home delivery was already allowed under the Commonwealth’s medical marijuana program, the first recreational-use Massachusetts delivery businesses were launched in July 2021.
Massachusetts has three main delivery types associated with the DE program. The marijuana courier license was designed for delivery businesses to partner with existing retailers and deliver a dispensary’s products. The delivery operator license allows businesses to purchase wholesale and store products in a warehouse, to then deliver directly to consumers from their own supply.
The delivery endorsement is a designation that allows marijuana microbusinesses to engage in delivery, as well. The exclusivity period began on the date the first Delivery Operator received a notice to commence operations.3 The delivery exclusivity period was set for a three-year period starting on April 1, 2022 and concluding on April 1, 2025. The CCC voted in March 2025 to extend the exclusivity period for another 12 months, until April 1, 2026.4
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Sean Hocking
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