MASSACHUSETTS CANNABIS UPDATE: STATE IMPOSES STRICT ENERGY LIMITS ON MARIJUANA CULTIVATORS

MASSACHUSETTS CANNABIS UPDATE: STATE IMPOSES STRICT ENERGY LIMITS ON MARIJUANA CULTIVATORS

Massachusetts marijuana operators and future business operators have been surprised by the state’s final regulations, which are among the most stringent in the country. The Massachusetts Cannabis Control Commission’s final ordinance on the Adult Use of Marijuana established limits on cultivators’ use of electricity — to 36 watts per square foot in some cases. In particular, the ordinance limits the lighting power density – wattage per square foot – that marijuana cultivation operations’ artificial lighting systems are allowed to use.

The relevant section of the regulation reads as follows:

The Lighting Power Densities (LPD) for cultivation space must not exceed an average of 36 watts per gross square foot of active and growing space canopy, but for Tier 1 and Tier 2 a requirement of 50 watts per gross square foot of active canopy or growing unless otherwise determined in guidelines issued by the Commission.

The question many would-be cannabis cultivators have is clear: Will the limit for my planned operation be 36 or 50 watts per square foot? While most cultivators are limited to 36 W/ft², Tier 1 and Tier 2 cultivators – operations with 10,000 square feet or less of active canopy – seem to be allowed 50 W/ft².

Massachusetts cannabis operators looking to finalize their applications and begin constructing their cultivation sites, however, are understandably concerned about the caveat that the greater LPD limit only applies “unless otherwise determined in guidelines issued by the Commission;” nobody wants to invest in an expensive lighting system, only to find out that a subsequent guideline means it’s no longer compliant with the law. Further, it’s not entirely clear which tiers of cultivation this applies to. Microbusiness licensees are allowed to pursue Tier 1 cultivation, but does that entitle them to the same LPD limit as Tier 1 Cultivation licensees?

As of May 8th, the guidelines and documents available on the Cannabis Control Commission’swebsite don’t offer any additional guidance on the interpretation of this regulation. Additionally, the CCC is currently unable to definitively state which LPD limits will apply to which cultivation operations – and, while new guidance documents are in the works, their release is not scheduled for any specific date. You can read about the study that led to the passage of this regulation here.

For more information on Massachusetts’ cannabis laws check out our blog for updates or to speak to a cannabis attorney, contact us at info@margolinlawrence.com.

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild