Berkshire County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Berkshire County?

Licensed cannabis cultivation in Berkshire County is legal for both medical and recreational use. The Act for the Humanitarian Medical Use of Marijuana or Chapter 369 became effective in the State of Massachusetts on January 1, 2013. The Massachusetts General Laws (MGL) Chapter 94G was effective on July 28, 2017, legalizing recreational cannabis for adults not younger than 21 years old in the state.

Berkshire County exists as a historical region since the county government was abolished in July 2000. The former county seat and the largest city in the region is Pittsfield.

The Cannabis Control Commission regulates and licenses medical and adult-use cannabis and related businesses in the State of Massachusetts. It allows municipalities to have their own licensing processes and ordinances for medical and adult-use cannabis businesses provided these are within the limits of the state’s laws and regulations for these establishments.

The following municipalities in Berkshire County have banned recreational cannabis businesses:

• Town of Mount Washington
• Town of Alford
• Town of New Marlborough
• Town of Monterey

The Cannabis Control Commission grants various types of licenses. It only issues one type of medical cannabis business license, though. The Medical Marijuana Treatment Center (MTC) license authorizes the holder to cultivate medical cannabis, manufacture medical cannabis products, and sell and deliver retail medical cannabis and medical cannabis products to medical cannabis cardholders.

For recreational cannabis businesses, the Cannabis Control Commission issues the following Marijuana Establishment (ME) licenses that include cultivation:

1. The recreational cannabis cultivator licensee is authorized to cultivate recreational cannabis and manufacture recreational cannabis products. The license holder may, however, only sell recreational cannabis and recreational cannabis products to other licensed cannabis businesses. They are not allowed to sell directly to consumers. There are 10 tiers of cultivator licenses, with Tier 1 licensees allowed to cultivate a maximum of 5,000 square feet and Tier 10 licensees allowed to cultivate a maximum of 100,000 square feet.
2. The recreational cannabis microbusiness licensee is a Tier 1 cannabis cultivator licensee who is also allowed to manufacture recreational cannabis products. The licensee may only sell recreational cannabis and recreational cannabis products to other licensed recreational cannabis businesses but not to consumers.
3. The craft marijuana cooperative license is given to a cooperative corporation, limited liability partnership, or limited liability company. The license authorizes unlimited numbers of cultivation sites but recreational cannabis product manufacturing may only be done in three sites. The cooperative’s total crop canopy must not exceed 100,000 square feet. Craft marijuana cooperatives are not authorized to manufacture recreational cannabis products. They may only sell their recreational cannabis to other licensed recreational cannabis businesses, not to consumers.

Section 12 of Chapter 369 allows licensed recreational cannabis cultivators to grow cannabis either indoors or outdoors, provided the crops cannot be seen by the public without binoculars. An outdoor cultivation area must be hidden by a tall fence surrounding its perimeter. A security system must be established to bar the entry of unauthorized individuals. Section 5 of Chapter 369 prohibits a licensed recreational cannabis cultivation facility to be 500 feet or less from an existing school up to Grade 12.

The State of Massachusetts also allows the home cultivation of cannabis for the grower’s own use only. Medical cannabis cardholders are allowed to grow enough medical cannabis plants to produce 10 ounces of usable cannabis, deemed enough for a 60-day supply. State residents not younger than 21 years old may grow a maximum of six flowering plants each. However, a household with several qualified adult residents may not have more than 12 plants.

Home cultivation of cannabis can only be done in the primary residence of the grower. If the property is owned by someone else, the grower must have the owner’s permission to grow cannabis. The cannabis home cultivation area must be locked, inaccessible to children, and not seen by the public.

Is Cannabis Manufacturing Legal in Berkshire County?

Licensed medical and recreational cannabis product manufacturing in Berkshire County was legalized by the Act for the Humanitarian Medical Use of Marijuana and MGL Chapter 94G of the State of Massachusetts. However, recreational cannabis product manufacturing is legal only in the municipalities within Berkshire County that have not banned recreational cannabis businesses.

Medical cannabis product manufacturing is legal only for MTCs licensed by the Cannabis Control Commission. Recreational cannabis product manufacturing is legal only for recreational cannabis cultivator licensees, recreational cannabis microbusiness licensees, and recreational cannabis product manufacturer licensees. The latter is authorized only to manufacture and package recreational cannabis products and sell these to other recreational cannabis businesses.

Medical cannabis product manufacturing licensees are also subject to the requirements of Section 12 and Section 5 of Chapter 369 regarding location, security, and being hidden from public sight.

When cannabis home growers process their cannabis, only alcohol with a flashpoint lower than 100 degrees Fahrenheit is allowed. For cannabis oil extraction at home, it is illegal to use flammable materials like butane and propane.

Is Cannabis Retail Legal in Berkshire County?

Licensed medical and recreational cannabis retail in Berkshire County is legal as mandated by the State of Massachusetts’ Act for the Humanitarian Medical Use of Marijuana and MGL Chapter 94G. However, recreational cannabis retail is banned in municipalities in Berkshire County that have banned all recreational cannabis businesses.

Medical cannabis and medical cannabis product retail to medical cannabis cardholders is legal only for MTCs with a Cannabis Control Commission license. Recreational cannabis and recreational cannabis product retail is legal only for recreational marijuana retailers licensed by the Cannabis Control Commission. The latter may sell to other licensed recreational cannabis businesses and to consumers not younger than 21 years old through a physician store. An MTC and a licensed recreational cannabis retailer may share the same location and serve medical cannabis cardholders as well as age-qualified consumers.

Like licensed recreational cannabis cultivators and manufacturers, licensed recreational cannabis retailers are required by Section 5 of Chapter 369 to be at a distance of not less than 500 feet from any existing school with students up to Grade 12.

Licensed recreational cannabis retailers may sell recreational cannabis and recreational cannabis products to state residents or visitors who present a valid government-issued ID proving their age to be not younger than 21 years old. Licensed MTCs can only sell medical cannabis and medical cannabis products to state residents who are medical cannabis cardholders.

The following forms of recreational cannabis and recreational cannabis products are allowed for sale in licensed recreational cannabis retail stores:

• Immature cannabis plants
• Cannabis seeds
• Cannabis flowers
• Cannabis shake or trim
• Cannabis pre-rolls, raw or infused
• Cannabis concentrate
• Cannabis kief
• Infused cannabis beverages
• Infused cannabis edible products
• Infused cannabis non-edible products
• Cannabis suppositories
• Cannabis vaping products

Is Cannabis Delivery Legal in Berkshire County?

Licensed medical and recreational cannabis delivery was legalized in Berkshire County by the Act for the Humanitarian Medical Use of Marijuana and MGL Chapter 94G of the State of Massachusetts. However, recreational cannabis delivery has been banned by the following municipalities in Berkshire County:

• Town of Monterey
• Town of New Marlborough

Cannabis Control Commission-licensed MTCs are authorized to deliver medical cannabis and medical cannabis products to the registered abodes of medical cannabis cardholders. Licensed recreational cannabis retailers are authorized to deliver recreational cannabis and recreational cannabis products to the residences of age-qualified consumers.

Separately, the Cannabis Control Commission also issues the following recreational cannabis delivery licenses:

1. The delivery endorsement may be applied for by existing license holders not authorized to deliver recreational cannabis and recreational cannabis products to the homes of age-qualified consumers. For instance, marijuana microbusiness licensees may apply for this.
2. The marijuana delivery operator license is for those who do not currently hold any other cannabis license. It authorizes the holder to sell recreational cannabis and recreational cannabis products by delivery only to age-qualified consumers. It purchases these from licensed cultivators and manufacturers and is allowed to keep the items in storage. However, it is not authorized to operate a physical store.
3. The marijuana courier license is also for those who do not currently hold any other cannabis license. It only authorizes the holder to deliver medical cannabis and medical products from a licensed MTC to the residences of medical cannabis cardholders, and recreational cannabis and recreational cannabis products from a licensed retailer to the residences of age-qualified consumers. The licensee is not allowed to keep the items in storage and it does not have its own store.

Deliveries of medical and recreational cannabis and products are allowed only from 8 a.m. to 9 p.m.

How to Get a Medical Marijuana Card in Berkshire County

Residents of Berkshire County can acquire a medical cannabis card from the Cannabis Control Commission by being certified by a healthcare provider to have one of the following medical conditions:

• Multiple sclerosis
• Cancer
• Parkinson’s disease
• Glaucoma
• Crohn’s disease
• HIV/AIDS
• Lou Gehrig’s disease
• Hepatitis C
• Other debilitating conditions that the certifying healthcare provider puts in writing

For an adult patient, the healthcare provider may be a physician, physician’s assistant, or nurse registered in the Massachusetts Medical Use of Marijuana Program Online System. For patients younger than 18, the approval of a parent or guardian is required and two certifying healthcare providers, of which one is a pediatrician or a specialist in pediatrics.

Minors are also required to have a minimum of one and a maximum of two caregivers to do the purchasing of medical cannabis and medical cannabis products on their behalf. Adult patients who require assistance are allowed the same privilege.

The healthcare provider will cite the need for a caregiver in the certification and provide the patient with a four-digit registration number. The patient must use it to complete the application on the online system portal. The patient must provide the same four-digit registration number for the caregiver to register on the online portal, as well. There are no fees charged.

Applications by mail are allowed. The accomplished application forms and required documents must be sent to the:

Cannabis Control Commission

Medical Use of Marijuana Program

Union Station

2 Washington Square

Worcester, MA 01604

Upon approval of the application, a temporary medical cannabis card will be available on the online system for printing and immediate use. The actual medical cannabis card will arrive by mail.

How Has Cannabis Legalization Impacted the Economy of Berkshire County?

The following taxes are imposed on the sales of recreational cannabis and recreational cannabis products in the State of Massachusetts:

• State excise tax of 10.75%
• State sales tax of 6.25%
• Optional municipal tax of up to 3%

Tax revenues are high based on sales figures. On August 31, 2021, gross sales from licensed recreational cannabis businesses exceeded $2 billion. On May 14, 2022, gross sales of recreational cannabis and recreational cannabis products exceeded $3 billion.

The Effects of Cannabis Legalization on Crime Rates in Berkshire County

Medical cannabis was legalized in Berkshire County in 2013, and recreational cannabis was legalized in 2017.

Data on Berkshire County sent by the Massachusetts State Police to the Crime Explorer page of the FBI shows that in 2015, the earliest figures available and two years after the legalization of medical cannabis, there were four marijuana possession arrests and four marijuana sales arrests, totaling eight marijuana offense arrests.

In 2018, a year after the legalization of recreational cannabis, there were six marijuana possession arrests and one marijuana sales arrest, totaling seven marijuana offense arrests.

In 2021, the latest available data shows no arrests for marijuana offenses.

In those years, the number of DUI arrests was as follows:

• 2015: 65 arrests
• 2018: 74 arrests
• 2021: 41 arrests