Cannabis Delivery – An Update

The Marijuana Enforcement Division (MED) recently issued a bulletin to clarify marijuana delivery policy changes. For your reference, I have included key highlights of the new regulations below.

Delivery Permits

  • Medical Marijuana Stores may apply for a delivery permit now
  • Retail Marijuana Stores and all Transporters may apply for delivery permits beginning January 2, 2021

Municipality Approval

  • Marijuana delivery is prohibited unless the municipality has enacted an ordinance or resolution explicitly allowing delivery. Applicants must show the MED that the local jurisdiction has enacted such an ordinance or resolution and that the local jurisdiction is currently accepting applications.
  • A Medical Marijuana Store with a delivery permit may deliver medical marijuana in a municipality beyond where it is physically located, unless the municipality has enacted an ordinance or resolution that prohibits such delivery.

Taxes and Surcharges

  • State and local sales taxes are generally determined at the point of delivery, not the store location.
  • Medical Marijuana Stores are required to charge a one-dollar surcharge on each delivery, which shall be remitted to the municipality where the store is located.

Inventory Tracking

  • Medical Marijuana stores must track all marijuana delivered to a patient, including by use of an inventory tracking system and a transport manifest. Please see MED Rule 3-615(C) for further requirements.