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Massachusetts companies that deliver cannabis right to the doorsteps of their customers say some of the current regulations are impacting their bottom line and are calling for changes.
Rolling Releaf, a cannabis delivery service based out of Newton, is one of the companies that want the Cannabis Control Commission to rethink some of its regulations, including what is called the “Two Agents in a Vehicle” rule.
The rule requires companies to have two employees on hand at all times when delivering to customers.
5 Investigates followed Rolling Releaf employees around the Greater Boston area to get a firsthand look at the delivery process.
We watched as the employees put on vests, body cameras, secured the cannabis in the car and turned on their in-car surveillance cameras.
While one of the employees got out of the car to deliver the cannabis to different customers, the other employee stayed in the car the entire time. He was there to drive and observe.
“The way the current regulations are set up for delivery, you would think we’re delivering plutonium instead of cannabis,” Devin Alexander, CEO and co-founder of Rolling Releaf told 5 Investigates’ Brittany Johnson.
Alexander obtained his cannabis license from the state thanks in part to his being an equity applicant, but he paid dearly to be part of that group.
“I was just in a car with a couple of friends who got pulled over. I had cannabis on me, just two or three grams,” Alexander said. “I got pulled out of the car and I was the only one arrested. I was never a big-time dealer. I was never a threat to public safety. And so for them to really jam me up like that was just very unfortunate.”
Years later, and now a cannabis business owner, Alexander has been advocating for a change in the “Two Agents in a Vehicle” rule. He believes the regulation is overly restrictive, burdensome and eats up profits.
“We can be doing a lot more if we just had one driver. We could increase our vehicle fleet and, you know, cover more ground more quickly and definitely be a lot more profitable. You know, worker’s comp also plays into it as well. There’s a lot of road hurdles that we face with this two-driver rule,” Alexander said.
With the extra cost the two-agent rule puts on businesses, Alexander said companies ultimately have to pass along the cost to consumers. Rolling Relaf has a $60 minimum for delivery orders.
“I think the biggest hurdle that we really need to face is being able to bring the cost down so that it’s affordable for people that need it and not create these arbitrary restrictions for businesses that increase the cost to the consumer in the end,” Kate Avruch, who talked to 5 Investigates after receiving a delivery of medical cannabis, concentrates and other products that she had ordered online earlier in the day, said.
The two-agent rule was also implemented for safety and security reasons.
“Wouldn’t that second driver provide some safety measures?” Johnson asked Alexander.
“I mean, if it’s going to happen, it’s going to happen,” Alexander said. “There’s no since in putting two people in harm’s way. You know, we tell them, if we do face anything like that, just give it up. We have everything insured.”
Following our interview with Alexander, 5 Investigates learned that there have been 40 transportation-related incidents reported by marijuana couriers and operators, including robbery and theft.
The Cannabis Control Commission sent 5 Investigates the following statement regarding the two-agent rule:
“The Cannabis Control Commission (Commission) takes seriously the health and safety of patients and consumers who purchase product from licensed cannabis businesses, as well the agents who staff them. The agency is continuing its robust discussion about the impact that the current two-agent requirement has on delivery licensees, while weighing the potential public safety risks to employees who would be operating a vehicle alone while transporting valuable product if the regulation were removed.”
While two employees are required to be on-hand for cannabis deliveries in Massachusetts, 5 Investigates has confirmed that in at least nine other states where cannabis delivery is allowed, marijuana can be delivered via one employee.
“If you look at people like Amazon and, you know, Drizly and alcohol delivery services, they only have one driver. They don’t have body cameras. There’s people that work for pharmaceutical companies driving around with a whole bunch of stuff, and they’re by themselves. So what makes us any different?” Alexander said.
And given how much security is already mandated — vehicle tracking, body cameras, and products locked up in a safe, Alexander believes the decision as to whether or not a company has two employees for delivery, shouldn’t be up to the state.
“It should be a business decision, not the state’s decision. If we want to have two drivers for safety, let us decide that,” Alexander said.
To date, commissioners are still deliberating possible changes to the two-agent rule and nothing has been finalized.
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