Massachusetts cannabis regulators on Thursday approved an administrative order allowing retailers on Martha's Vineyard and Nantucket to source their pot from mainland suppliers.

Legal Battle and Commission Decision

The Cannabis Control Commission's move follows a lawsuit filed in May by the owners of two retailers, Patient Centric (doing business as Island Times) and The Green Lady. They sought an injunction to permit such imports, arguing it was essential for their businesses' survival.

However, the commission's decision includes a significant caveat: the order does not grant immunity under federal law. Business owners "assume any and all risks associated with the transportation of marijuana and medical marijuana over state territorial waters," as cannabis remains illegal under federal law. This legality issue was the primary reason for the state ban on transporting cannabis across the water.

Islands Shipping Ban Lift : Public Hearing and Health Concerns

During a public hearing on Martha's Vineyard earlier this month, the retailers expressed their willingness to take on this risk. Regulators noted that the decision was influenced by health and safety concerns for medical marijuana patients and retail customers. Many testified about the dangers of "street" cannabis tainted with opioids.

"The commission appreciated the serious concerns raised by patients, certifying healthcare providers, adult consumers, and local businesses, who each highlighted the importance of maintaining access to regulated marijuana and marijuana products on the islands," acting Chair Ava Callender Concepcion stated in a press release, emphasizing that the issue was "a matter of public health, safety, and equity."

New Requirements for Retailers

Licensed cannabis sellers must submit detailed plans for transporting products to the islands before proceeding. The approval process includes inspecting boats to ensure they are seaworthy.

Islands Shipping Ban Lift : Impact on Local Businesses

Island Times was cut off from the supply chain after the only on-island cultivator, Fine Fettle, announced its shutdown earlier this year. Tim Swain of Vicente LLP, representing the retailers in the lawsuit, hailed the decision as a "big day for the industry in Massachusetts."

Swain told Law360 that the decision came just in time to save Island Times, which had been closed for a month, and the islands' legal cannabis market. Island Times reported that it typically collects 40% of its annual revenue during the tourist season from June to August, and closure during this period would have led to insolvency.

Legal Representation

Patient Centric of Martha's Vineyard and The Green Lady Dispensary Inc. are represented by Timothy D. Swain, Adam D. Fine, and Margaret Nash of Vicente LLP. The Cannabis Control Commission is represented by Erin E. Fowler of the Office of the Attorney General of Massachusetts.