Town Issues Cease And Desist Order To ACK Natural To Halt Cannabis Deliveries

The town has issued a cease and desist order to ACK Natural to prevent the island dispensary from delivering cannabis products around Nantucket.

Citing a local Nantucket zoning bylaw that states "Delivery of cannabis products to consumers is prohibited," zoning enforcement officer Marcus Silverstein issued a cease-and-desist letter to ACK Natural in mid-February, just months after it launched its delivery service in partnership with the company Social J, a licensed marijuana courier.

While the dispensary is complying with the order to halt cannabis deliveries, it argues that it is allowed to do so under state law, which supersedes the local zoning bylaw.

ACK Natural co-owner Doug Leighton said his attorney, Arthur Reade, has advised him that it is legal for the dispensary to continue doing deliveries, but Leighton hopes the matter will be resolved at an upcoming executive session with the Select Board scheduled for this Thursday, April 2.

"If it's inconsistent with state law, it doesn't stand up," Reade told the Current. "State law prevails over local regulations."

The island's two cannabis dispensaries, ACK Natural and The Green Lady, both operate under so-called Host Community Agreements (HCAs) with the town, which outline adherence to local regulations and state laws.

"I operate at the luxury of the town, so I don't want to make them mad," Leighton said. "So we'll wait a little bit and see what happens. But I'm hoping, based on everything that I've read, that the town is incorrect - we, in fact, can do deliveries, and we'll see what happens in the executive session and hopefully go back to doing deliveries."

In a formal response to the cease and desist order, Reade wrote to Silverstein that "Neither the Nantucket zoning by-law nor the Host Community Agreement between the Town of Nantucket and ACK Natural LLC purport to prohibit deliveries by a Marijuana Courier, and no such prohibition would be valid since Nantucket allows retail operations for marijuana and marijuana products. The purported enforcement order contained in your February letter is accordingly invalid."

The state Cannabis Control Commission (CCC) approved the framework for recreational cannabis delivery in 2019 and began issuing the first licenses in late 2020. On its website, the CCC posts a "Municipal Zoning Tracker" which identifies the zoning and bylaws of adult-use marijuana for all 351 cities and towns in Massachusetts. For Nantucket, it specifically states that cannabis delivery is permitted.

But Nantucket's local bylaw, which was adopted in 2017, still prohibits delivery. Silverstein, the town's zoning enforcement officer, declined to elaborate on the discrepancy between the Nantucket bylaw and state bylaw when contacted by the Current.

In his response to Reade's letter, however, Silverstein stated, "cannabis/marijuana
deliveries by ACK Natural, Social-J, LLC, or any other entity, must cease immediately and may not be restarted until the appropriate amendment(s) to the zoning bylaw is/are approved at the Annual Town Meeting."

For ACK Natural and its contractor, Social J, the cease-and-desist order has halted the delivery service launched in October 2025, promising "cannabis delivery across Nantucket Island."

"Our business is probably 90/10 recreational to medical, but the deliveries were probably 50/50 medical and adult use recreational," Leighton said. "We have people who need deliveries because they can't necessarily get out. And then some people don't have cars. People want what they need delivered. I mean, it's just like you deliver a pizza following all the rules."