Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.050 - Leadership Rating Program for Marijuana Establishments and Marijuana-related Businesses

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a) A Marijuana Establishment is required to
			 be registered to do business in the Commonwealth as a domestic business
			 corporation or another domestic business entity in compliance with 935 CMR
			 500.000 and to maintain the corporation or entity in good standing with the
			 Secretary of the Commonwealth, DOR, and DUA.
(b)
Control
			 Limitations
.
1. No Person or
			 Entity Having Direct or Indirect Control shall be granted, or hold, more than
			 three licenses in a particular class, except as otherwise specified in 935 CMR
			 500.000.
2. An Independent Testing
			 Laboratory or Standards Laboratory Licensee, or any associated Person or Entity
			 Having Direct or Indirect Control, may not have a License in any other
			 class.
3. To the extent that
			 persons or entities seek to operate a testing facility in the Counties of Dukes
			 County and Nantucket, 935 CMR 500.200 applies.
4. The Commission shall receive notice of any
			 such interests as part of the application pursuant to 935 CMR
			 500.101.
5. Any Person or Entity
			 Having Direct or Indirect Control, or Licensee, shall be limited to a total of
			 100,000 square feet of Canopy distributed across no more than three cultivation
			 Licenses under 935 CMR 500.000 and three MTC Licenses. A Craft Marijuana
			 Cooperative Licensee shall be limited to one license and a total of 100,000
			 square feet of Canopy.
6.
			 Limitations on the Number and Control of Delivery Licenses.
a. No Third-party Technology Platform
			 Provider shall be a Licensee, or a Person or Entity with Direct or Indirect
			 Control of a Delivery Licensee.
b.
			 A contract between a Delivery Licensee and a Third-party Technology Platform
			 Provider shall be negotiated and entered into on an arm's length basis. A
			 Delivery Licensee may not accept any investment in the Delivery Licensee by a
			 Third-party Technology Platform Provider with which they have a
			 contract.
c. No Person or Entity
			 Having Direct or Indirect Control shall be granted or hold more than a combined
			 total of two Delivery Operator and/or Marijuana Courier Licenses at any
			 time.
d. No Delivery Licensee may
			 share its profits of the sale of Marijuana or Marijuana Products with a
			 Third-party Technology Platform Provider, or otherwise provide a percentage or
			 portion of the sale of Marijuana or Marijuana Products to the Third-party
			 Technology Platform Provider.
(c) License Classes are as follows:
1. Marijuana Cultivator (Indoor or Outdoor):
a. Tier 1: up to 5,000 square feet of
			 Canopy;
b. Tier 2: 5,001 to 10,000
			 square feet of Canopy;
c. Tier 3:
			 10,001 to 20,000 square feet of Canopy;
d. Tier 4: 20,001 to 30,000 square feet of
			 Canopy;
e. Tier 5: 30,001 to 40,000
			 square feet of Canopy;
f. Tier 6:
			 40,001 to 50,000 square feet of Canopy;
g. Tier 7: 50,001 to 60,000 square feet of
			 Canopy;
h. Tier 8: 60,001 to 70,000
			 square feet of Canopy;
i. Tier 9:
			 70,001 to 80,000 square feet of Canopy;
j. Tier 10: 80,001 to 90,000 square feet of
			 Canopy; or
k. Tier 11: 90,001 to
			 100,000 square feet of Canopy.
2. Craft Marijuana Cooperative;
3. Marijuana Product Manufacturer;
4. Marijuana Microbusiness;
5. Independent Testing Laboratory and
			 Standards Laboratory;
6. Marijuana
			 Retailer;
7. Social Consumption
			 Establishment:
8. Marijuana
			 Transporter:
a. Existing Licensee
			 Transporter;
b. Third-party
			 Transporter;
9. Delivery
			 Licensee;
a. Marijuana Courier;
b. Marijuana Delivery Operator;
			 and
10. Marijuana
			 Research Facility Licensee.
a. A Marijuana
			 Establishment shall operate all activities authorized by the License only at
			 the address(es) reported to the Commission for that license.
b. All Marijuana Establishment Agents of the
			 Marijuana Establishment shall be registered with the Commission pursuant to 935
			 CMR 500.030.