Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.140 - Additional Operational Requirements for Retail Sale

Current through Register 1525, July 5, 2024
(1) In addition to the general operational
			 requirements for Marijuana Establishments required under
			 935
			 CMR 500.105 and security requirements
			 provided in
			 935 CMR
			 500.110, Licensees engaged in retail sales
			 shall comply with 935 CMR 500.140.
(2)
On-premises Verification of
			 Identification
.
(a) On entry into
			 the Premises of a Marijuana Retailer by an individual, a Marijuana
			 Establishment Agent shall immediately inspect the individual's proof of
			 identification and determine the individual's age. An individual shall not be
			 admitted to the Premises, unless the Marijuana Retailer has verified that the
			 individual is 21 years of age or older by an individual's proof of
			 identification.
(b) On
			 point-of-sale by an individual, a Marijuana Establishment Agent shall inspect
			 the individual's proof of identification and determine the individual's
			 age.
(c) In accordance with M.G.L.
			 c. 94G, § 4(c)(3), a Marijuana Retailer may not acquire or record Consumer
			 personal information other than information typically required in a retail
			 transaction, which can include information to determine the Consumer's age. A
			 Marijuana Retailer may not record or retain any additional personal information
			 from Consumer without the Consumer's voluntary written permission, except as
			 provided in (d) and (e).
(d) A
			 Marijuana Retailer that has entered into Delivery Agreements with Delivery
			 Licensees for the purpose of transacting home deliveries to Consumers shall
			 establish a Pre-verification process for Consumers who intend to place orders
			 for delivery with the Marijuana Establishment. A Marijuana Retailer that holds
			 more than one Marijuana Retailer license may establish a process to share
			 Pre-verification information about Consumers among their multiple locations for
			 the purpose of enabling deliveries from any licensed location operated by the
			 Marijuana Retailer; provided, however that information shall only be shared
			 among locations upon the affirmative election by a Consumer. To comply with the
			 requirements of Pre-verification, the Marijuana Establishment shall:
1. Require the Consumer to pre-verify with
			 the Marijuana Establishment either in person or through a Commission-approved
			 electronic means by presenting or submitting the Consumer's valid, unexpired
			 government-issued photo identification; and
2. Examine the government-issued
			 identification card and verify that the individual Consumer presenting or
			 submitting the government-issued identification card is the individual Consumer
			 that matches the government-issued identification card and that the individual
			 Consumer is 21 years of age or older.
(e) A Marijuana Retailer shall collect and
			 maintain relevant information about the individual Consumer, for the purpose of
			 transacting a delivery and ensuring that the recipient of a delivery under
			 935
			 CMR 500.145 is legally allowed to receive
			 Marijuana and Marijuana Products, which shall be limited to:
1. The individual's name;
2. The individual's date of birth;
3. The individual's address;
4. The individual's primary telephone number;
			 and
5. The individual's email
			 address.
(f) Any such
			 information collected by the Marijuana Establishment shall be used solely for
			 the purpose of transacting a delivery under
			 935
			 CMR 500.145 and shall be otherwise maintained
			 confidentially.