Dear First Assistants: It has come to our attention that there are a number of individuals and businesses that are attempting to evade the Commonwealth’s prohibition on the unlicensed sale of marijuana by engaging in organized sham transactions. In January, an article in the Boston Globe noted that an individual on Craigslist had offered to “sell” plastic bags for up to $325 each, with an accompanying “gift” of marijuana included in each bag. See https://www.bostonglobe.com/metro/2017/01/03/plastic-bags-with-free-weedgift-advertised-craigslist/R1JmYwvdGZwZzHvmIPEdXJ/story.html In much the same way, individuals operating the website tryhighspeed.com now appear to be engaging in a similar sleight-of-hand, offering for delivery serving-size bottles of lemonade or juice for substantially above market price ($55) with an accompanying “gift” of marijuana. Obviously this is a thinly concealed scheme to obscure the illegal sale of marijuana by an unlicensed seller. According to the company Twitter account, https://twitter.com/tryhighspeed, the D.C.-based company is now making deliveries in Boston and Cambridge. The existence of these kinds of schemes is, unfortunately, not a surprise. In his letter to the Chiefs of Police on December 14, 2016 (copy attached), Secretary Bennett noted that the new law “allows persons not licensed to operate a marijuana establishment to ‘gift’ marijuana in quantities under one ounce, but not to sell marijuana in any quantity,” and that “[a]ttempts to evade this safe harbor with delayed or disguised payments, contemporaneous reciprocal ‘gifts’ of money or items of value, or other sham transactions, will remain a criminal act.” We are referring this to your respective offices for investigation. David M. Solet Chief Legal Counsel Executive Office of Public Safety and Security