Mass. recreational marijuana shops to reopen on May 25

Massachusetts recreational marijuana shops will be allowed to reopen on May 25 after a two-month mandated closure amid the coronavirus pandemic, state officials announced Monday.

Recreational stores had been deemed nonessential in March, when Governor Charlie Baker issued his initial nonessential business closure order. Medical marijuana dispensaries were allowed to remain open and were encouraged to use curbside pickup to limit contact between employees and patients.

Baker said at the time that reopening recreational marijuana shops during the initial surge of coronavirus cases was a “nonstarter” because he was concerned the dispensaries would draw visitors from other states at a time when people are encouraged to stay at home and not travel. Massachusetts is the only state in the Northeast with recreational marijuana stores.

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Marijuana dispensaries and other retail businesses opening May 25 will be limited to remote fulfillment and curbside pickup only. The reopenings are part of phase 1 in the Baker administration’s four-phase plan. Each phase is expected to last a minimum of three weeks, but each phase could last longer, depending on trends in coronavirus cases and death counts.

Businesses that choose to reopen this month are required to have employees wear face coverings and maintain social distancing “to the greatest extent possible,” according to a report released Monday by the governor’s Reopening Advisory Board. Companies are also expected to regularly sanitize high-touch areas, put other hygiene protocols into place, and create a response plan for employees who contract COVID-19.

Before a business reopens, it will be required to complete a COVID-19 Control Plan, which must be available at the business during any inspection. The plan does not need to be submitted to the state for approval.

Monday’s announcement is expected to be a welcome relief for local cannabis business owners, who have been worried for weeks that the temporary shutdown could force them to close permanently. Unlike most companies, cannabis businesses are not eligible for federal aid because marijuana is still federally illegal; even businesses that work “indirectly” with the cannabis industry are ineligible, the federal government said last month.

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A bill is being considered in the Massachusetts Legislature that would provide financial assistance to businesses that can’t receive federal aid, such as marijuana companies, chambers of commerce, and certain other nonprofits.

A group of marijuana companies and a consumer sued Baker in early April over the shutdown, arguing during a virtual hearing that Massachusetts could easily address Baker’s concern about out-of-state customers by limiting marijuana sales to Massachusetts residents. Cannabis Commissioner Shaleen Title separately made a similar argument, noting that social distancing in line, curbside pickup, and enhanced cleaning and sanitation efforts would make the stores safe to reopen.

But a state judge ruled that Baker had “a rational basis” for closing recreational marijuana stores, even while keeping medical dispensaries and liquor stores open.

In the weeks since recreational marijuana stores closed, Massachusetts residents have been signing up for medical marijuana cards in droves, particularly after the Cannabis Control Commission temporarily allowed new patients to get certified via telehealth. From March 23 to April 21, medical marijuana card registrations spiked 245 percent.

Matt Stout of the Globe staff contributed to this report.


Felicia Gans can be reached at felicia.gans@globe.com. Follow her on Twitter @FeliciaGans.

Author: CSN