Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.105 - General Operational Requirements for Marijuana Establishments

Current through Register 1525, July 5, 2024
(1)
Written Operating Procedures
. Every Marijuana
			 Establishment shall have and follow a set of detailed written operating
			 procedures. If the Marijuana Establishment has an additional location, it shall
			 develop and follow a set of such operating procedures for that facility. A CMO
			 shall have written operating procedures that comply with both
			 935
			 CMR 500.105(1) and
			 501.105(1):
Written Operating Procedures,
and may do so by having two sets
			 of written operating procedures applicable to each medical-use and adult-use
			 operations or having one set of written operating procedures, provided it
			 complies with both medical-use and adult-use requirements. Operating procedures
			 shall include, but need not be limited to, the following:
(a) Security measures in compliance with
			 935
			 CMR 500.110;
(b) Employee security policies, including
			 personal safety and crime prevention techniques;
(c) A description of the Marijuana
			 Establishment's hours of operation and after-hours contact information, which
			 shall be provided to the Commission, made available to Law Enforcement
			 Authorities on request, and updated pursuant to
			 935 CMR
			 500.000;
(d) Storage and waste disposal of Marijuana
			 in compliance with
			 935
			 CMR 500.105(11) and
			 (12);
(e) Description of the various strains of
			 Marijuana to be cultivated, Processed or sold, as applicable, and the form(s)
			 in which Marijuana will be sold;
(f) Price list for Marijuana and Marijuana
			 Products and any other available products, and alternate price lists for
			 patients with documented Verified Financial Hardship, as defined in
			 935
			 CMR 501.002:
Verified Financial
			 Hardship
, as required by
			 935
			 CMR 501.105(1)(f);
(g) Procedures to ensure accurate
			 recordkeeping, including inventory protocols for Transfer and inventory in
			 compliance with
			 935
			 CMR 500.105(8) and
			 (9);
(h) Plans for quality control, including
			 product testing for contaminants in compliance with
			 935
			 CMR 500.160;
(i) A staffing plan and staffing records in
			 compliance with
			 935
			 CMR 500.105(9)(d);
(j) Emergency procedures, including a
			 disaster plan with procedures to be followed in case of fire or other
			 emergencies;
(k) Alcohol, smoke,
			 and drug-free workplace policies;
(l) A plan describing how Confidential
			 Information and other records required to be maintained confidentially will be
			 maintained;
(m) A policy for the
			 immediate dismissal of any Marijuana Establishment Agent who has:
1. Diverted Marijuana, which shall be
			 reported to Law Enforcement Authorities and to the Commission;
2. Engaged in unsafe practices with regard to
			 operation of the Marijuana Establishment, which shall be reported to the
			 Commission; or
3. Been convicted or
			 entered a guilty plea, plea of
nolo contendere
, or admission
			 to sufficient facts of a drug offense involving distribution to a minor in the
			 Commonwealth, or a like violation of the laws of any Other
			 Jurisdiction.
(n) A list
			 of all board of directors, members and Executives of a Marijuana Establishment,
			 and Members, if any, of the Licensee shall be made available on request by any
			 individual. This requirement may be fulfilled by placing this required
			 information on the Marijuana Establishment's website;
(o) Policies and procedure for the handling
			 of cash on Marijuana Establishment Premises including, but not limited to,
			 storage, collection frequency, and transport to financial institution(s), to be
			 available on inspection.
(p)
			 Policies and procedures to prevent the diversion of Marijuana to individuals
			 younger than 21 years old;
(q)
			 Policies and procedures for energy efficiency and conservation that shall
			 include:
1. Identification of potential
			 energy use reduction opportunities (including, but not limited to, natural
			 lighting, heat recovery ventilation and energy efficiency measures), and a plan
			 for implementation of such opportunities;
2. Consideration of opportunities for
			 renewable energy generation including, where applicable, submission of building
			 plans showing where energy generators could be placed on the site, and an
			 explanation of why the identified opportunities were not pursued, if
			 applicable;
3. Strategies to reduce
			 electric demand (such as lighting schedules, active load management and energy
			 storage); and
4. Engagement with
			 energy efficiency programs offered pursuant to M.G.L. c. 25, § 21, or
			 through municipal lighting plants.
(r) Policies and procedures to promote
			 workplace safety consistent with the standards set forth under the Occupational
			 Safety and Health Act of 1970,
			 29
			 U.S.C. §
										651,
et seq
.,
			 including the general duty clause under
			 29 U.S.C. §
										654, whereby each employer:
1. shall furnish to each of its employees
			 employment and a place of employment which are free from recognized hazards
			 that are causing or are likely to cause death or serious physical harm to its
			 employees;
2. shall comply with
			 occupational safety and health standards promulgated under this act. Each
			 employee shall comply with occupational safety and health standards and all
			 rules, regulations, and orders issued pursuant to
			 29
			 U.S.C. §
											651,
et seq.
,
			 which are applicable to the employee's own actions and conduct. All current and
			 updated regulations and references at 29 CFR Parts 1903, 1904, 1910, 1915,
			 1917, 1918, 1926, 1928 and 1977 are incorporated by reference, and applicable
			 to all places of employment covered by
			 935 CMR
			 500.000.
All current and updated regulations and references at 29 CFR
				Parts 1903, 1904, 1910, 1915, 1917, 1918, 1926, 1928, and 1977 are incorporated
				by reference, and applicable to all places of employment covered by
				935 CMR
				500.000.