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Issue · Lexington, MA

Cannabis Delivery Opt-Out Decision

The town must decide whether to request a one-year waiver prohibiting recreational cannabis deliveries in a community that already bans retail sales.

Overview

Following a April 2026 state rule allowing towns with retail bans to waive recreational cannabis delivery, Lexington's Select Board discussed on May 22 whether to file for the waiver and deferred action pending public and advisory input.

Background

A new state ruling effective April 19, 2026, established a default permitting process for recreational cannabis delivery in all communities while allowing those that ban retail sales to opt out through a written waiver.

Lexington already maintains a retail ban and therefore faced the choice of whether to preserve that policy by seeking the waiver or to allow delivery operations.

At its May 22, 2026 meeting the Select Board first discussed the option, noting the tension between upholding the prior ban and the distinct nature of delivery versus retail sales.

Board members identified potential public-health and law-enforcement effects of delivery as reasons to consider opting out.

A resident at the same meeting urged immediate filing for the two-year waiver, citing marijuana's effects and the absence of recent public engagement on the topic.

Another resident raised concern that delivery would create a loophole around the existing retail prohibition.

The board made no decision and instead scheduled further consideration for June 15, 2026 after soliciting input from the Board of Health, Council on Aging, Council on Disabilities, Human Services, and the public.

At its June 15, 2026 meeting the Select Board revisited the cannabis-delivery opt-out question. After discussing the length of any waiver and the need for additional community input before a permanent decision, the board voted to request a one-year temporary waiver from the Cannabis Control Commission.

How it unfolded
The board discussed the new statewide default permitting recreational cannabis delivery and whether Lexington should opt out via waiver; no decision was made and the item was scheduled to return June 15 after public and advisory-body input.
2026-05-22Select Board
Board revisited the state's opt-out provision, discussed waiver length to allow time for survey and feedback, and voted to request a one-year temporary waiver prohibiting retail recreational marijuana deliveries.
2026-06-15Select Board
Arguments in favor
Upholds the town's prior decision to ban retail cannabis sales.
select-board 2026-05-22
For
Addresses potential public-health impacts of cannabis availability.
select-board 2026-05-22
For
Addresses potential law-enforcement impacts of cannabis delivery.
select-board 2026-05-22
For
Allows time for proper public debate before any delivery begins.
select-board 2026-05-22
For
Arguments against
Delivery is distinct from retail sales and therefore does not contradict the existing ban.
select-board 2026-05-22
Against
Delivery could improve accessibility for residents with disabilities.
select-board 2026-05-22
Against
Key voices
“Urged the board to opt-out immediately by requesting the two-year waiver to allow for proper debate, citing effects of marijuana and lack of recent public engagement.”
Residentselect-board 2026-05-22
“Voiced concerns about the potential for a loophole regarding recreational cannabis delivery.”
Residentselect-board 2026-05-22
What's next

Staff to develop community survey/input plan with Public Information Officer; decision to be made by end of waiver period.

cannabisdeliveryopt-outwaiver