Barnstable County allows the medical and adult use of marijuana, following the Commonwealth of Massachusetts’ adoption of Chapter 55 of the Acts of 2017, as supervised by the Cannabis Control Commission. Although adult use is legal, local municipalities are still given the authority to allow or prohibit the operation of marijuana establishments. In fact, most of the municipalities in Barnstable County still ban all types of adult-use marijuana establishments, with only Barnstable, Eastham, Provincetown, Mashpee, Orleans, Truro, Wellfleet, and Brewster enacting local ordinances to regulate the operations of adult-use marijuana establishments.
The indoor cultivation of medical and adult-use marijuana is legal in Barnstable County. Outdoor cultivation may be allowed as long as it is not easily seen and accessed by the public. For medical use, Medical Marijuana Treatment Centers (MTC) are licensed to acquire, cultivate, process, dispense, and deliver medical marijuana to registered qualifying patients or their designated caregivers. Qualifying patients' home cultivation for personal use is also allowed for up to 12 flowering and 12 vegetative plants. If it is proven that their access to MTC is limited, qualifying patients may be granted a Hardship Cultivation Registration. This allows them to personally grow a 60-day supply or 10 ounces of usable marijuana in an enclosed and locked area in their homes.
For adult use, marijuana cultivators are licensed to cultivate, process, package, deliver, and transfer marijuana to other establishments but not to consumers. Based on the granted license, marijuana cultivators may operate in a canopy of 5,000 square feet up to 100,000 square feet. This licensee must implement adequate security measures to prevent unauthorized entries and theft. Additional requirements based on 935 CMR 500.000 must also be complied with by marijuana cultivators. Meanwhile, consumers aged 21 and above may cultivate up to six plants in their homes. This may be increased to 12 plants for residences with more than one adult consumer.
Yes, marijuana product manufacturers may operate in Barnstable County to obtain, process, manufacture, package, and transfer marijuana or marijuana products to other establishments, but not to consumers. On top of acquiring a license and being compliant with the regulations under 935 CMR 500.105 and 935 CMR 500.110, manufacturers must also comply with other operational requirements stated under 935 CMR 500.130:
Edibles must be produced per relevant sanitation and food handler requirements.
Marijuana products that resemble food and beverages should be packaged and labeled following 935 CMR 500.105(5) and (6).
Adhere to applicable environmental laws and regulations, such as those related to water quality, waste management, and air pollution control.
Observe proper documentation of compliance with testing requirements set by the Commission.
Provide the necessary information about its products to the Commission’s Product Database.
The Commonwealth imposes a $1,500 application fee for marijuana product manufacturers and an annual license fee of $10,000. As of February 2023, at least 100 product manufacturers were granted a final license, while 221 more either have a provisional license, provisional consideration, or are in process.
At least 12 Marijuana Retailers and MTC operate throughout Barnstable County as of February 2023. These establishments offer marijuana products such as edibles, buds, flowers, concentrates, chew, pre-rolls, vaporizers, tinctures, and topicals to qualifying patients and adult users. Based on reports, marijuana buds remain to be the top-selling product in the Commonwealth.
Qualifying patients and adult users residing in Barnstable County may utilize this website to look for the nearest retailer. Medical marijuana may only be dispensed to qualifying patients or caregivers upon presenting their program ID card. Meanwhile, adult users must be at least 21 years old and have a valid government-issued ID to purchase adult-use marijuana.
All marijuana users may only carry up to one ounce of marijuana and possess up to 10 ounces in their homes. Everyone is prohibited from smoking, vaping, or eating any marijuana products in public places or on federal land.
Eastham, Provincetown, Mashpee, Truro, Wellfleet, and Brewster allow marijuana to be delivered to patients and caregivers registered in the Massachusetts Medical Use of Marijuana Program and adult users in Barnstable County. This delivery service may be offered by licensed MTCs, marijuana couriers, marijuana delivery operators, or microbusinesses with a delivery endorsement from 8:00 AM to 9:00 PM.
Establishments may use only registered vehicles with GPS tracking to deliver marijuana products. During deliveries, at least two registered agents must work together, with at least one always inside the vehicle. Transportation logs and manifests are also required from establishments offering delivery services.
Deliveries are limited to one ounce of marijuana or its combined dry weight as a concentrate or edible daily – five grams of active THC in concentrates or 500 milligrams of active THC in edibles. Only pre-verified customers aged 21 or above may receive deliveries. A valid government-issued ID must be presented before filling the order and at delivery time.
Barnstable County residents aged 18 or above may register in the Massachusetts Medical Use of Marijuana Program if they have any of the following qualifying medical conditions, as certified by a Certifying Health Care Provider: cancer, glaucoma, HIV/AIDS, Hepatitis C, Lou Gehrig’s disease (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating conditions. On the other hand, residents below 18 years old must have the approval of their parents or legal guardian and be certified by two Certifying Health Care Providers.
Afterward, an email from the Program with a four-digit PIN registration number will be sent to the applicant. A valid ID proving the applicant’s residency and a passport-style photograph will be required as the applicant continues their registration online. Paper applications may be sent by mail to the Commission, which may result in a longer processing time. Upon approval, a temporary Program registration card may be printed to purchase marijuana products for up to 14 days. The official card will be received within 7-14 business days.
For inquiries or concerns, the Commission may be reached at 833-869-6820 every Monday to Friday, from 10:00 AM to 3:00 PM EST. Emails may also be sent to Commission@CCCMass.com.
The number of marijuana establishments and consumers in Barnstable County continues to rise since the medical and adult use of marijuana was legalized in the Commonwealth. While medical marijuana is tax-free, Massachusetts imposes a 6.25% state sales tax, 10.75% state excise tax, and up to 3% optional local tax on adult-use marijuana.
According to the Commission’s data from 2018 to 2023, MTC sales since dispensaries opened now total $989.4 million. On the other hand, the gross sales of adult-use sales are at least $4.17 billion. Surpassing its 2019 sales projection, the growing sales of marijuana in the Commonwealth continue to affect its economy positively, including Barnstable County.
Crime rates related to the medical and adult use of marijuana in Barnstable County significantly decreased when the Commonwealth legalized its medical use in 2012 and its adult use in 2016. Based on the available report of the Barnstable Police Department on the FBI Crime Data Explorer, marijuana possession offenses in the county were reduced from 13 arrests in 2011 to none in 2021. Additionally, arrests for marijuana drug sale offenses improved from 26 in 2011 to none in 2021.