Cannabis Delivery Service Compliance by State

Marijuana delivery services are an emerging subset of the cannabis industry that is rapidly gaining popularity. One of the biggest complications with marijuana delivery services is meeting all cannabis business compliance standards.

Business Operations

A crucial component of successful marijuana delivery service compliance is having strict operational protocol in place. Missing a step in your process could have customer service implications, but more importantly, it could impact the standing of your business. Create cannabis SOPs that you can adhere to and provide the necessary steps to help you remain compliant.

Cannabis Delivery License

Each state has its own protocol for cannabis business compliance, including delivery services. It is important that your business obtains the proper licensing prior to commencing delivery activities. Some states, like Washington, also require marijuana delivery providers to obtain a retailer’s license.

Advertising Cannabis Delivery

Some states have set guidelines on how marijuana can be advertised. This can include imaging as well as content and location. Advertising can be expensive. Don’t waste time and money on an advertising campaign that you will not be able to execute in your specific state.

Where Can Cannabis be Delivered?

Even some states that allow delivery of both medical and recreational marijuna do not allow delivery across the entire state. Others allow only delivery of medical cannabis. There is no option for delivery across state-lines. Failing to adhere to all delivery regulations could result in legal ramifications, penalties, revocation of your license, or dissolution of your business.

Cannabis Delivery Service Compliance by State

The regulations surrounding delivery and marijuana business compliance vary by state. Here is a list of the delivery status of each state as of October 2022.

• Alabama: The state recently approved legalizing medical marijuana. There are no delivery service regulations in place yet.
• Alaska: Medical and recreational marijuana is legal, but delivery is not allowed.
• Arizona: Medical marijuana delivery is permitted. Recreational marijuana is legal, but delivery regulations still have to be created. These regulations will not be created until January 2023 at the earliest.
• Arkansas: Arkansas is a medical-only state and marijuana delivery to qualifying patients and designated caregivers is allowed.
• California: Both medical and recreational marijuana delivery have been allowed for over a decade.
• Colorado: Delivery of both medical and recreational marijuana is allowed.
• Connecticut: Retailers, hybrid retailers, micro-cultivators and dispensary facilities can use their own employees to deliver cannabis, and delivery licenses have also been created that permit a standalone delivery company to conduct deliveries from a retail location to a consumer. Deliveries won’t be underway in the state until recreational sales begin, which is expected to be by the end of the year or early in 2023.
• Delaware: Medical marijuana is legal and registered Compassion Centers may conduct home deliveries to patients with prior approval from the Office of Medical Marijuana.
• Florida: Recreational marijuana is illegal in Florida, but medical marijuana delivery is allowed for registered patients.
• Georgia: Possession of small amounts of marijuana has been decriminalized in Georgia, but marijuana is still illegal to sell in the state.
• Hawaii: The Aloha State has a medical marijuana program, but delivery is not allowed.
• Idaho: Possession or sale of marijuana in Idaho is illegal.
• Illinois: No marijuana delivery is permitted in Illinois.
• Indiana: It is a criminal offense to possess or sell marijuana in Indiana.
• Iowa: Medical cannabidiol is legal in Iowa, but delivery is not permitted.
• Kansas: Even possession of a small amount of marijuana is a misdemeanor in Kansas.
• Kentucky: Recent legislation passed to legalize medical marijuana, but it was not enacted due to the budget. Delivery is not permissible.
• Louisiana: Recreational cannabis is not legal and medical cannot be delivered.
• Maine: Maine permits medical cannabis delivery and recently enacted rules to allow adult use delivery as well as curbside pickup.
• Maryland: Medical marijuana can be purchased and delivered. Recreational marijuana is not yet legal.
• Massachusetts: Recreational and medical are legal and both allow deliveries. Currently, both types of recreational delivery licenses are limited to social equity applicants only until 2024.
• Michigan: Both medical and recreational marijuana may be delivered in Michigan by marijuana sales locations to customers’ physical residence or an adult-use designated consumption establishment.
• Minnesota: Dispensaries may not deliver directly to medical marijuana patients, but registered caregivers can purchase and deliver the products.
• Mississippi: Recreational cannabis is not legal and medical cannot be delivered.
• Missouri: Medical marijuana dispensaries are open, but the COVID19 pandemic has delayed delivery implementation for many operators.
• Montana: Medical dispensaries can deliver marijuana to medical patients. Adult-use delivery is prohibited.
• Nebraska: Possession and sale of marijuana is illegal in Nebraska.
• Nevada: Sales facilities can deliver to medical patients, caregivers, and adult-use consumers. Delivery can be done by the sales facility or an authorized third-party delivery licensee.
• New Hampshire: Delivery is not permissible despite the fact that medical marijuana is legal.
• New Jersey: Both medical and recreational marijuana can be delivered, either from the dispensary itself or through a third-party delivery licensee.
• New Mexico: Medical and recreational cannabis delivery have both been approved through the state, but recreational delivery permits have yet to be issued.
• New York: New York allows medical marijuana delivery to patients and caregivers. Recreational delivery will also be allowed, by delivery licensees, however licenses have not yet been issued.
• North Carolina: Medical marijuana is illegal in North Carolina with the exception of specific Native American reservations. Delivery is not permitted.
• North Dakota: Medical marijuana may be delivered to registered qualifying patients and designated caregivers in North Dakota.
• Ohio: Ohio has legalized some forms of medical marijuana, but delivery is prohibited, except that a caregiver may deliver medical marijuana to the caregiver’s registered patient.
• Oklahoma: Medical marijuana patients can purchase cannabis, but it cannot be delivered.
• Oregon: Medical and recreational marijuana delivery are both permitted.
• Pennsylvania: Medical marijuana can be delivered by caregivers to patients, but no other delivery programs currently exist.
• Rhode Island: Medical marijuana delivery is permitted in Rhode Island. Adult use sales are expected to begin December 1st, and adult use delivery is expected to be allowed, but formal rules have not yet been adopted.
• South Carolina: Marijuana is illegal in South Carolina. CBD may be prescribed, but delivery is not permitted.
• South Dakota: Medical marijuana is legal in South Dakota, but delivery is not permitted.
• Tennessee: Marijuana is not legal in Tennessee, but approved patients may use CBD and low-THC cannabis products. Delivery is not permitted.
• Texas: Texas only allows low-THC products to be offered for a strict set of serious ailments. Delivery is not permitted.
• Utah: Medical marijuana delivery services are permitted in Utah by licensed couriers or a pharmacy licensee with a home delivery designation to a cardholder.
• Vermont: Medical and recreational use are permitted. Medical delivery is allowed but recreational delivery is not.
• Virginia: Medical marijuana delivery services are not permitted in Virginia. Recreational cannabis has been legalized, but sales are not expected to start until 2024.
• Washington: Washington was the second state to legalize recreational cannabis, but no commercial marijuana delivery is permitted in the state.
• West Virginia: Medical marijuana is available but may only be delivered by a caregiver, not by a medical marijuana establishment.
• Wisconsin: Marijuana is illegal to possess or sell. Milwaukee has moved to reduce possession fines. Delivery is not available.
• Wyoming: Possession and sale of marijuana are illegal in Wyoming.

Want to Make Cannabis Compliance Easier?

Simplifya assists licensed cannabis operators across the United States with varying regulations and needs. We have developed industry-specific tools to help you ensure that you understand compliance requirements to maintain your cannabis business license and stay compliant in all areas of operation.

Contact us with any questions or get a free demo to discover how Simplifya can simplify your cannabis compliance management!