Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.321 - Administrative Hold

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 94I and M.G.L. c. 94G, § 4(a)(xix), the Commission or a
			 Commission Delegee may order an Administrative Hold of Marijuana, Marijuana
			 Products or MIPs to examine and inspect an MTC to ensure compliance with the
			 provisions of
			 935 CMR
			 501.000, prevent the destruction of evidence, prevent
			 the diversion of Marijuana or Marijuana Products, or as otherwise necessary to
			 protect the public health, safety, or welfare.
(2) An MTC subject to an Administrative Hold
			 shall retain its inventory pending further investigation by the Commission or a
			 Commission Delegee pursuant to the following procedure:
(a) If during an investigation or inspection
			 of an MTC, the Commission has reasonable cause to believe certain Marijuana or
			 Marijuana Products are noncompliant under
			 935 CMR
			 501.000, or otherwise constitutes a threat to the
			 public health, safety or welfare, the Commission may issue a notice to
			 administratively hold any Marijuana or Marijuana Product. The notice shall
			 identify the Marijuana or Marijuana Product subject to the Administrative Hold
			 and a concise statement stating the reasons relied on in the issuance of the
			 Administrative Hold.
(b) Following
			 the issuance of a notice of Administrative Hold, the Commission will identify
			 and mark the Marijuana or Marijuana Product subject to the Administrative Hold
			 in the Commission's Seed-to-sale SOR. The MTC shall continue to comply with all
			 inventory requirements including, but not limited to,
			 935
			 CMR 501.105(8).
(c) The MTC shall completely and physically
			 segregate the Marijuana or Marijuana Product subject to the Administrative Hold
			 in a Limited Access Area, where it shall be safeguarded by the MTC.
(d) While the Administrative Hold is in
			 effect, the MTC shall be prohibited from selling, transporting or otherwise
			 Transferring or destroying the Marijuana or Marijuana Product subject to the
			 Administrative Hold, except as otherwise authorized by the
			 Commission.
(e) While the
			 Administrative Hold is in effect, the MTC shall safeguard the Marijuana or
			 Marijuana Product subject to the Administrative Hold and shall fully comply
			 with all security requirements including, but not limited to,
			 935
			 CMR 501.110.
(f) An Administrative Hold shall not prevent
			 an MTC from the continued possession, cultivation or harvesting of the
			 Marijuana or Marijuana Product subject to the Administrative Hold, unless
			 otherwise provided by an order of the Commission. All Marijuana or Marijuana
			 Products subject to an Administrative Hold shall be put into separately tracked
			 Production Batches.
(g) An
			 Administrative Hold shall not prevent an MTC from voluntarily surrendering
			 Marijuana or Marijuana Products subject to an Administrative Hold, except that
			 the MTC shall comply with the waste disposal requirements in
			 935
			 CMR 501.105(12).
(h) At any time after the initiation of the
			 Administrative Hold, the Commission or a Commission Delegee may modify, amend
			 or rescind the Administrative Hold.
(i) The failure to cooperate with provisions
			 of 935 CMR 501.321 may result in
			 administrative or disciplinary action against the Licensee.