Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.802 - Suitability Standard for Registration as a Marijuana Establishment Agent

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 94G, § 4(a½)(iii), the Commission has established
			 qualifications for licensure and minimum standards for employment that are
			 directly and demonstrably related to the operation of a Marijuana Establishment
			 and similar to qualifications for licensure and employment standards in
			 connection with alcoholic beverages as regulated under M.G.L. c. 138, provided
			 that a prior conviction solely for a Marijuana-related offense or for a
			 violation of M.G.L. c. 94C, § 34 shall not disqualify an individual or
			 otherwise affect eligibility for employment or licensure in connection with a
			 Marijuana Establishment, unless the offense involved the distribution of a
			 controlled substance, including Marijuana, to a minor.
(2) For purposes of determining suitability
			 based on background checks in accordance with
			 935
			 CMR 500.030 and
			 500.101:
(a) All conditions, offenses, and violations
			 are construed to include Massachusetts law or like or similar law(s) of Other
			 Jurisdictions.
(b) All criminal
			 disqualifying conditions, offenses, and violations include the crimes of
			 attempt, accessory, conspiracy and solicitation.
(c) Juvenile dispositions shall not be
			 considered as a factor for determining suitability.
(d) Where applicable, all look back periods
			 for criminal conditions, offenses, and violations included in
			 935
			 CMR 500.802:
Tables B through
			 D
commence on the date of disposition; provided, however, that if
			 disposition results in incarceration in any institution, the look back period
			 shall commence on release from incarceration.
(e) Unless otherwise specified in
			 935
			 CMR 500.802:
Tables B through
			 D
, a criminal condition, offense or violation shall include both
			 convictions, which include guilty pleas and pleas of
nolo
			 contendere
, and dispositions resulting in continuances without a
			 finding or other disposition constituting an admission to sufficient facts, but
			 shall exclude other non-conviction dispositions. All suitability determinations
			 will be made in accordance with the procedures set forth in
			 935
			 CMR 500.800. In addition to the requirements
			 established in
			 935
			 CMR 500.800 shall:
1. Consider whether offense(s) or information
			 that would result in a Presumptive Negative Suitability Determination under
			 935
			 CMR 500.802:
Tables B through
			 D
renders the subject unsuitable for registration regardless of the
			 determination of the Licensee; and
2. Consider appeals of determinations of
			 unsuitability based on claims of erroneous information received as part of the
			 background check during the application process in accordance with
			 803
			 CMR 2.17:
Requirement to Maintain a
			 Secondary Dissemination Log
and
			 803
			 CMR 2.18:
Adverse Employment Decision
			 Based on CORI or Other Types of Criminal History Information Received from a
			 Source Other than the DCJIS
.