Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.141 - Additional Operational Requirements for Social Consumption Establishments

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 except as otherwise provided
			 in 935 CMR 500.141, a Social Consumption Establishment shall comply with
			 935 CMR
			 500.110, and additional operational
			 requirements under
			 935 CMR
			 500.140 and 500.141.
(2)
Written Policies and
			 Procedures
. In addition to the written operating policies required
			 under
			 935
			 CMR 500.105(1), prior to
			 commencing operations, a Social Consumption Establishment shall maintain
			 written policies and procedures for the sale, distribution, and serving of
			 Marijuana and Marijuana Products and provide in-house training to employees to
			 the extant not covered in a Responsible Vendor Training Program course on such
			 policies and procedures. In-house training provided under 935 CMR 500.141(2)
			 may be counted toward the eight-hour total training requirement required under
			 935
			 CMR 500.105(2)(a). Such
			 written policies and procedures shall include, without limitation:
(a) Methods for identifying, recording, and
			 reporting diversion, theft, or loss, and for correcting all errors and
			 inaccuracies in inventories in compliance with
			 935 CMR
			 500.110(9)  and 935 CMR
			 500.141(8);
(b) Procedures to
			 ensure that all sales of Marijuana and Marijuana Products under a Social
			 Consumption Establishment license shall include a label or supplementary insert
			 with the following information:
1. The symbols
			 issued by the Commission under
			 935
			 CMR 500.105(5)(b)15. and
			 16.;
2. The following statement,
			 including capitalization: "This product has not been analyzed or approved by
			 the FDA. There is limited information on the side effects of using this
			 product, and there may be associated health risks. Marijuana use during
			 pregnancy and breast-feeding may pose potential harms. It is against the law to
			 drive or operate machinery when under the influence of this product. KEEP THIS
			 PRODUCT AWAY FROM CHILDREN.";
3.
			 Additionally, for Edibles, the warning, "The impairment effects of Edibles may
			 be delayed by two hours or more";
4. The name and contact information of the
			 Marijuana Establishment that produced the Marijuana or Marijuana
			 Product;
5. The results of
			 sampling, testing and analysis conducted by an Independent Testing
			 Laboratory;
6. A seal certifying
			 the Marijuana or Marijuana Products meets such testing standards;
7. A unique batch number identifying the
			 Production Batch associated with manufacturing, Processing, and
			 cultivating;
8. A list of
			 ingredients and possible allergens;
9. The amount of
			 delta-nine-tetrahydrocannabinol (Î"9-THC) in the package and in each
			 serving of Marijuana or Marijuana Product as expressed in absolute terms and as
			 a percentage of volume;
10. An
			 explanation of the number of "servings" in the package; and
11. A use-by date, if applicable;
(c) Security procedures, including
			 specific plans for securing entrances and that all Marijuana and Marijuana
			 Products are kept out of plain sight and not visible from a public
			 place;
(d) Procedures to ensure
			 prevention of diversion;
(e)
			 Procedures to ensure the prevention of a Consumer from bringing Marijuana or
			 Marijuana Products onto the Premises that have not been obtained from the
			 Social Consumption Establishment, including policies for ensuring Marijuana
			 Accessories brought on site, do not contain Marijuana or Marijuana Products not
			 obtained from the Social Consumption Establishment;
(f) Procedures to ensure that Marijuana or
			 Marijuana Products purchased on-site does not leave the Premises; except as
			 otherwise authorized in 935 CMR 500.141(3)(a);
(g) Procedures for the storage of Marijuana
			 or Marijuana Products including, but not limited to, disposal procedures for
			 unconsumed Marijuana or Marijuana Products;
(h) Procedural and operational plans making a
			 diligent effort to assist Consumers who may be impaired in finding means of
			 transportation. Such requirements shall be tailored to the region in which the
			 establishment is located.
(i)
			 Procedures to ensure that Consumers are not overserved, including the
			 developments of standards, consistent with Responsible Vendor Training, for
			 Marijuana Establishment Agents to use to evaluate impairment;
(j) Procedures to ensure that no one younger
			 than 21 years old may access the establishment;
(k) If vaporization or other non-smoking
			 forms of consumption involving heat are permitted indoors, procedures and
			 building plans or schematic to ensure that:
1.
			 The area(s) in which consumption involving heat takes place are isolated from
			 the other areas, separated by walls and a secure door, with access only from
			 the Social Consumption Establishment;
2. Employees may monitor the consumption area
			 from a smoke-free, vapor-free area; and
3. A ventilation system directs air from the
			 consumption area to the outside of the building through a filtration system
			 sufficient to remove visible vapor, consistent with all applicable building
			 codes and ordinances, and adequate to eliminate odor at the property
			 line;
(l) Procedures to
			 ensure that no sales occur within the consumption area;
(m) Procedures to ensure that smoking as
			 defined by M.G.L. c. 270, § 22 is prohibited indoors.
(n) Sanitary practices in compliance with
			 105 CMR 590.000:
State Sanitary Code Chapter X: Minimum Sanitation Standards for Food
			 Establishments
; and
(o) A
			 detailed description of qualifications and intended training(s) for Marijuana
			 Establishment Agents who will be employees;