reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.031 - Denial of a Registration Card or Hardship Cultivation Registration

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for denial of a temporary or an annual Registration Card for a
				Registered Qualifying Patient or Personal Caregiver, or a Registration Card for
				an MTC agent, including Laboratory Agents, or a Hardship Cultivation
				Registration:
(1) Failure to provide
			 the information required in
			 935
			 CMR 501.027,
			 935
			 CMR 501.029 or
			 935
			 CMR 501.030 for an Agent Registration Card or
			 Hardship Cultivation Registration;
(2) Provision of information on the
			 application that is deceptive, misleading, false, or fraudulent, or that tends
			 to deceive or create a misleading impression, whether directly, or by omission
			 or ambiguity, including lack of disclosure or insufficient
			 disclosure;
(3) Failure to meet the
			 requirements set forth in
			 935
			 CMR 501.027,
			 935
			 CMR 501.029 or
			 501.030 for an Agent
			 Registration Card or Hardship Cultivation Registration;
(4) Revocation or suspension of an Agent
			 Registration Card or Hardship Cultivation Registration in the previous six
			 months;
(5) Failure by the MTC to
			 pay all applicable fees; or
(6)
			 Other grounds, as the Commission may determine in the exercise of its
			 discretion, that are directly related to the applicant's ability to serve as an
			 MTC agent, or that make the applicant unsuitable for registration; however, the
			 Commission will provide notice to the applicant of the grounds prior to the
			 denial of the Agent Registration Card and a reasonable opportunity to correct
			 these grounds.
(a) The Commission may delegate
			 Registrants' suitability determinations to the Executive Director, who may
			 appoint a Suitability Review Committee, in accordance with
			 935
			 CMR 501.800. Suitability determinations shall
			 be based on credible and reliable information.
(b) The Executive Director may institute a
			 suitability review based on a recommendation from Enforcement staff that
			 background check information would result in or could support an adverse
			 suitability determination. All suitability determinations will be made in
			 accordance with the procedures set forth in
			 935
			 CMR 501.800.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.032 - Revocation of a Registration Card or Hardship Cultivation Registration

Current through Register 1525, July 5, 2024
(1) Each of the
			 following, in and of itself, constitutes full and adequate grounds for
			 revocation of a temporary or an annual Registration Card issued to a Registered
			 Qualifying Patient or Personal Caregiver or a Registration Card issued to an
			 MTC agent, Laboratory Agent or a Hardship Cultivation Registration:
(a) Submission of information in the
			 application or renewal application that is deceptive, misleading, false or
			 fraudulent, or that tends to deceive or create a misleading impression, whether
			 directly, or by omission or ambiguity, including lack of disclosure or
			 insufficient disclosure;
(b)
			 Violation of the requirements of the state Marijuana laws, including
			 935 CMR
			 501.000;
(c) Fraudulent use of a Registration Card
			 including, but not limited to, tampering, falsifying, altering, modifying,
			 duplicating, or allowing another person to use, tamper, falsify, alter, modify,
			 or duplicate an Agent Registration Card or Hardship Cultivation
			 Registration;
(d) Selling,
			 Transferring, distributing, or giving Marijuana to any unauthorized
			 person;
(e) Failure to notify the
			 Commission within five business days after becoming aware that the Agent
			 Registration Card has been lost, stolen, or destroyed;
(f) Failure to notify the Commission within
			 five business days after a change in the registration information contained in
			 the application or required by the Commission to have been submitted in
			 connection with the application an Agent Registration Card, including open
			 investigations or pending actions as delineated in
			 935
			 CMR 501.802, as applicable, that may
			 otherwise affect the status of the suitability for registration of the MTC
			 agent;
(g) Conviction, 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 an Other Jurisdiction; or
(h) Conviction, guilty plea, plea of
nolo contendere
or admission to sufficient facts in the
			 Commonwealth, or a like violation of the laws of another state, to an offense
			 as delineated in
			 935
			 CMR 501.801,
Table A
: MTC
			 Licensees or 501.803, Table C:
Registration as a Laboratory
			 Agent
, as applicable, that may otherwise affect the status of the
			 suitability for registration of the MTC agent.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.033 - Void Registration Cards

Current through Register 1525, July 5, 2024
(1) A Registration
			 Card validly issued prior to the Program Transfer shall be void on the issuance
			 of a new Registration Card.
(2) A
			 Registration Card issued to an MTC agent shall be void when:
(a) The agent has ceased to be associated
			 with the MTC or Independent Testing Laboratory that applied for and received
			 the agent's Registration Card;
(b)
			 The card has not been surrendered on the issuance of a new Registration Card
			 based on new information; or
(c)
			 The MTC agent is deceased.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.034 - Revocation of a Certifying Healthcare Provider Registration

Current through Register 1525, July 5, 2024
(1) Each of the following, in and of itself,
			 constitutes full and adequate grounds for revoking a Certifying Healthcare
			 Provider registration:
(a) The Certifying
			 Healthcare Provider fraudulently issued a Written Certification;
(b) The Certifying Healthcare Provider failed
			 to comply with the requirements of M.G.L. c 94I, or any applicable provisions
			 of 935 CMR
			 501.000;
(c) The Certifying Healthcare Provider issued
			 a Written Certification without completion of continuing professional
			 development credits pursuant to
			 935
			 CMR 501.010(1); or
(d) Any other ground that serves the purposes
			 of M.G.L. c. 94I, or
			 935 CMR
			 501.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.035 - Void Certifying Physician Registration

Current through Register 1525, July 5, 2024
(1) When a Certifying Healthcare Provider's
			 license to practice medicine or nursing, as applicable, in Massachusetts is no
			 longer active, or is summarily suspended, suspended, revoked, or restricted
			 with regard to prescribing, or the Certifying Healthcare Provider has
			 voluntarily agreed not to practice medicine, or nursing, in Massachusetts, as
			 applicable, or the Certifying Healthcare Provider's Massachusetts controlled
			 substances registration is suspended or revoked, the Certifying Healthcare
			 Provider's registration to certify a Debilitating Medical Condition for a
			 Qualifying Patient is immediately void.
(2) When a Certifying Healthcare Provider
			 surrenders his or her registration, the registration is void.
(3) A void Certifying Healthcare Provider
			 registration is inactive and invalid.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.040 - Leadership Rating Program for Medical Marijuana Treatment Centers

Current through Register 1525, July 5, 2024
(1)
Leadership Rating Categories
. In a time and manner to
			 be determined by the Commission, Licensees will be eligible to earn leadership
			 ratings in the following categories:
(a)
			 Social Justice Leader;
(b) Local
			 Employment Leader;
(c) Energy and
			 Environmental Leader;
(d)
			 Compliance Leader; and
(e) Medical
			 Treatment Center Leader.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.050 - Medical Marijuana Treatment Centers (MTCs)

Current through Register 1525, July 5, 2024
(1)
General
			 Requirements
.
(a) An MTC 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
			 501.000 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 MTC Licenses.
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 501.200 applies.
4. The Commission shall receive notice of any
			 such interests as part of the application pursuant to
			 935
			 CMR 501.101.
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:
Adult Use of Marijuana
and
			 three MTC Licenses.
(c)
			 At least one Executive of the entity seeking licensure as an MTC shall register
			 with DCJIS on behalf of the entity as an organization user of iCORI.
(d) An MTC applicant shall demonstrate
			 initial capital resources of $500,000 for its first application for licensure
			 as an MTC. An MTC applicant shall demonstrate initial capital resources of
			 $400,000 for its subsequent application(s) for licensure as an MTC.
(e) Under a single License, an MTC may not
			 operate more than two locations in Massachusetts at which Marijuana is
			 cultivated, MIPs are prepared, and Marijuana is dispensed.
(f) An MTC shall operate all activities
			 authorized by the License only at the address(es) reported to the Commission
			 for that license.
(g) All agents of
			 the MTC shall be registered with the Commission pursuant to
			 935
			 CMR 501.030.
(h) An MTC shall have a program to provide
			 reduced cost or free Marijuana to Patients with documented Verified Financial
			 Hardship. The plan shall outline the goals, programs, and measurements the MTC
			 will pursue as part of the plan.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.052 - Independent Testing Laboratories

Current through Register 1525, July 5, 2024
(1) An
			 Independent Testing Laboratory shall apply for licensure in the manner
			 prescribed in
			 935 CMR
			 500.101:
Application
			 Requirements
.
(2) The
			 Commission will accept certificates of registration for Independent Testing
			 Laboratories validly issued prior to the Program Transfer. A certificate will
			 remain valid until the certificate expires or the laboratory is licensed
			 pursuant to
			 935 CMR
			 500.101:
Application
			 Requirements
, whichever occurs first.
(3) An Independent Testing Laboratory may not
			 cultivate Marijuana.
(4) An
			 Independent Testing Laboratory may not possess, transport or Process Marijuana
			 other than that necessary for the purposes of testing in compliance with
			 935 CMR
			 500.000:
Adult Use of Marijuana
and
			 935
			 CMR 501.000. Laboratories registered prior to the
			 Program Transfer and that have not been licensed pursuant to
			 935 CMR
			 500.101:
Application
			 Requirements
, are limited to possessing, transporting or Processing
			 Marijuana for the purposes of testing in compliance with
			 935
			 CMR 501.000.
(5) An Executive or Member of an MTC is
			 prohibited from being a Person or Entity Having Direct or Indirect Control in
			 an Independent Testing Laboratory providing testing services for any MTC,
			 except as otherwise provided in
			 935 CMR
			 501.200.
(6) No individual employee of a laboratory
			 providing testing services for MTCs may receive direct or indirect financial
			 compensation from any MTC, except as otherwise provided in
			 935 CMR
			 501.200.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.102 - Action on Applications

Current through Register 1525, July 5, 2024
(1)
Action on Each Application
. The Commission shall grant
			 Licenses with the goal of ensuring that the needs of the Commonwealth are met
			 regarding access, quality, and community safety.
(a) License applications shall be evaluated
			 based on the applicant's:
1. Demonstrated
			 compliance with the laws and regulations of the Commonwealth;
2. Suitability for licensure based on the
			 provisions of
			 935
			 CMR 501.101(1),
			 501.800 and
			 501.801; and
3. Evaluation of the thoroughness of the
			 applicant's responses to the required criteria. The Commission shall consider
			 each License application submitted by an applicant on a rolling
			 basis.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.103 - Licensure and Renewal

Current through Register 1525, July 5, 2024
(1)
Provisional License
. On selection by the Commission,
			 an applicant shall submit the required License fee and subsequently be issued a
			 provisional License to develop an MTC, in the name of the entity. Such
			 provisional License shall be subject to reasonable conditions specified by the
			 Commission, if any.
(a) The Commission shall
			 review architectural plans for the building or renovation of an MTC.
			 Construction or renovation related to such plans may not begin until the
			 Commission has granted approval. Submission of such plans shall occur in a
			 manner and form established by the Commission including, but not limited to, a
			 detailed floor plan of the Premises of the proposed MTC that identifies the
			 square footage available and describes the functional areas of the MTC,
			 including areas for any preparation of Marijuana Products, and, if applicable,
			 such information for the single allowable off-Premises location in
			 Massachusetts where Marijuana will be cultivated or Marijuana Products will be
			 prepared; and a description of plans to ensure that the MTC will be compliant
			 with requirements of the Americans with Disabilities Act (ADA) Accessibility
			 Guidelines.
To demonstrate compliance with
				935
				CMR 501.120(11), an MTC
				applicant shall also submit an energy compliance letter prepared by a
				Massachusetts Licensed Professional Engineer or Massachusetts Licensed
				Registered Architect with supporting documentation.
(b) An MTC shall construct its facilities in
			 accordance with
			 935 CMR
			 501.000, conditions set forth by the Commission in its
			 provisional License and architectural review, and any applicable state and
			 local laws, regulations, permits or licenses.
(c) The Commission may conduct inspections of
			 the facilities, as well as review all written materials required in accordance
			 with 935 CMR
			 501.000.
(d) The applicable License fee shall be paid
			 within 90 days from the date the applicant was approved for a provisional
			 License by the Commission. Failure to pay the applicable License fee within the
			 required time frame will result in the License approval expiring. If this
			 occurs, a new License application will need to be completed pursuant to
			 935
			 CMR 501.101 and will require Commission
			 approval.
(e) To the extent updates
			 are required to the information provided for initial licensure, the MTC shall
			 submit an updated energy compliance letter prepared by a Massachusetts Licensed
			 Professional Engineer or Massachusetts Licensed Registered Architect with
			 supporting documentation, together with a renewal application submitted under
			 935
			 CMR 501.103(4).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.104 - Notification and Approval of Changes

Current through Register 1525, July 5, 2024
(1) Prior to making the following changes, an
			 MTC shall submit a request for such change to the Commission and pay the
			 appropriate fee. No such change shall be permitted until approved by the
			 Commission or in certain cases, the Commission has delegated authority to
			 approve changes to the Executive Director. Failure to obtain approval of such
			 changes may result in a License being suspended, revoked, or deemed void.
(a)
Location Change
.
			 Prior to changing its location, the MTC shall submit a request for such change
			 to the Commission.
(b)
Ownership or Control Change
.
1.
Ownership Change
.
			 Prior to any change in ownership, where an Equity Holder acquires or increases
			 its ownership to 10% or more of the equity or contributes 10% or more of the
			 initial capital to operate the MTC, including capital that is in the form of
			 land or buildings, the MTC shall submit a request for such change to the
			 Commission.
2.
Control
			 Change
. Prior to any change in control, where a new Person or
			 Entity Having Direct or Indirect Control should be added to the License, the
			 MTC shall submit a request for such change to the Commission prior to
			 effectuating such a change. An individual, corporation, or entity shall be
			 determined to be in a position to control the decision-making of an MTC if the
			 individual, corporation, or entity falls within the definition of Person or
			 Entity Having Direct or Indirect Control.
(c)
Structural
			 Change
. Prior to any modification, remodeling, expansion,
			 reduction or other physical, non-cosmetic alteration of the MTC, the
			 establishment shall submit a request for such change to the
			 Commission.
(d)
Name
			 Change
. Prior to changing its name, the MTC shall submit a request
			 for such change to the Commission. Name change requests, and prior approval,
			 shall apply to an establishment proposing a new or amending a current
			 doing-business-as name.
(e)
Court Supervised Proceedings
. Notification and
			 approval requirements with respect to Court Appointees and Court Supervised
			 Proceedings are detailed in
			 935
			 CMR 501.104(3).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.130 - Additional Operational Requirements for Handling and Testing Marijuana and for Production of MIPs

Current through Register 1525, July 5, 2024
(1) In addition
			 to the general operational requirements for MTCs required under
			 935
			 CMR 501.105 and security requirements
			 provided in
			 935
			 CMR 501.110, MTCs shall comply with
			 additional operational requirements required under
			 935
			 CMR 501.130.
(2) Production of Edibles shall take place in
			 compliance with the following:
(a) All Edibles
			 shall be prepared, handled, and stored in compliance with the sanitation
			 requirements in in
			 105 CMR
			 500.000:
Good Manufacturing Practices for
			 Food
, and with the requirements for food handlers specified in
			 105 CMR
			 300.000:
Reportable Diseases, Surveillance,
			 and Isolation and Quarantine Requirements
; and
(b) Any Edible that is made to resemble a
			 typical food or beverage product shall be packaged in an opaque package and
			 labeled as required by
			 935
			 CMR 501.105(5)(c).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.140 - Additional Operational Requirements for Patient Sales

Current through Register 1525, July 5, 2024
(1) In addition to the general operational
			 requirements for MTCs required under
			 935
			 CMR 501.105 and security requirements
			 provided in
			 935
			 CMR 501.110, MTCs engaged in patient sales
			 shall comply with additional operational requirements for MTCs under 935 CMR
			 501.140.
(2)
Verification of Patient and Caregiver Certification
(a) Upon entry into an MTC by a Registered
			 Qualifying Patient or Personal Caregiver, or arrival at a residence for
			 delivery to a Registered Qualifying Patient of Personal Caregiver, an MTC or
			 Marijuana Courier Agent shall immediately inspect the Patient's or caregiver's
			 temporary or annual Registration Card and proof of government-issued
			 identification.
1. The government-issued
			 identification card shall contain a name, photograph, and date of birth, and
			 shall be limited to one of the following:
a.
			 A driver's license;
b. A government
			 issued identification card;
c. A
			 military identification card; or
d.
			 A passport.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.150 - Edibles

Current through Register 1525, July 5, 2024
(1)
Production of Edibles
. Edibles shall be produced in
			 compliance with the following:
(a) Any
			 Edibles that is made to resemble a typical food or beverage product shall be
			 packaged and labeled as required by M.G.L. c. 94G, § 4(a½)(xxiv)
			 and (xxvi), and
			 935
			 CMR 501.105(5) and
			 (6).
(b) The manufacture or sale of Edibles in the
			 following shapes and types is prohibited:
1.
			 The distinct shape of a human, animal, fruit, or sporting-equipment item;
			 or
2. A shape that bears the
			 likeness or contains characteristics of a realistic or fictional human, animal,
			 fruit, or sporting-equipment item including artistic, caricature, or cartoon
			 renderings.
(c) Edibles
			 that are geometric shapes and simply fruit-flavored are not considered fruit
			 and are permissible.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.160 - Testing of Marijuana and Marijuana Products

Current through Register 1525, July 5, 2024
(1) No Marijuana Product, including
			 Marijuana, may be sold or otherwise marketed for medical use that is not
			 capable of being tested by Independent Testing Laboratories, except as allowed
			 under
			 935 CMR
			 501.000. Testing of Marijuana Products shall be
			 performed by an Independent Testing Laboratory in compliance with a protocol(s)
			 established in accordance with M.G.L. c. 94G, § 15 and in a form and
			 manner determined by the Commission including, but not limited to, the Protocol
			 for Sampling and Analysis of Finished Marijuana and Marijuana Products for
			 Marijuana Establishments, Medical Marijuana Treatment Centers and Colocated
			 Marijuana Operations. Testing of environmental media (
e.g
.,
			 soils, solid growing media, and water) shall be performed in compliance with
			 the Protocol for Sampling and Analysis of Environmental Media for Massachusetts
			 Registered Medical Marijuana Dispensaries published by the
			 Commission.
(2) Marijuana and
			 Marijuana Products shall be tested for the Cannabinoid profile and for
			 contaminants as specified by the Commission including, but not limited to,
			 mold, mildew, heavy metals, plant growth regulators, and the presence of
			 Pesticides. The Commission may require additional testing. In addition to these
			 contaminant tests, final ready-to-sell Marijuana Vaporizer Products shall be
			 screened for heavy metals and Vitamin E Acetate (VEA) in accordance with the
			 Protocol for Sampling and Analysis of Finished Marijuana and Marijuana Products
			 for Marijuana Establishments, Medical Marijuana Treatment Centers and Colocated
			 Marijuana Operations issued by the Commission.
(3) The Commission may, at its discretion,
			 require additional testing where necessitated to safeguard public health or
			 safety and so identified by the Commission.
(4) An MTC shall have a written policy for
			 responding to laboratory results that indicate contaminant levels are above
			 acceptable limits established in the protocols identified in
			 935
			 CMR 501.160(1). Such policy
			 shall be available to Registered Qualifying Patients and Personal Caregivers.
(a) Any such policy shall include:
1. Notifying the Commission within 72 hours
			 of any laboratory testing results indicating that the contamination cannot be
			 remediated and disposing of the Production Batch submission of any information
			 regarding contamination immediately upon request by the Commission;
			 and
2. Notifying the Commission of
			 any information regarding contamination as specified by the Commission or
			 immediately upon request by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.170 - Municipal Requirements

Current through Register 1525, July 5, 2024
(1) An
			 MTC and Independent Testing Laboratory and their agents shall comply with all
			 local rules, regulations, ordinances, and bylaws.
(2) Nothing in
			 935 CMR
			 501.000 shall be construed to prohibit lawful local
			 oversight and regulation, including fee requirements, that does not conflict or
			 interfere with the operation of
			 935 CMR
			 501.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.181 - Minimum Acceptable Equity Standards Governing Municipalities and Host Communities

Current through Register 1525, July 5, 2024
(1)
								935
			 CMR 501.181 is governed by M.G.L. c. 94G
			 §§ 3 and 4, as amended by St. 2022, c. 180. Pursuant to M.G.L. c. 94G
			 § 3, the Commission must establish minimum acceptable standards for Host
			 Communities to promote and encourage full participation in the regulated
			 Marijuana industry by people from communities that were disproportionately
			 harmed by Marijuana prohibition and enforcement and to positively impact those
			 communities.
(2) M.G.L. c. 94G
			 § 4(a)(xxxi) and (xxxii) empowers the Commission to establish procedures
			 for municipalities to promote and encourage full participation in the regulated
			 Marijuana industry during negotiations of HCAs with Social Equity Businesses
			 and to develop minimum acceptable standards governing HCA negotiations with
			 Social Equity Businesses. The Commission is further authorized to develop best
			 practices for HCA negotiations between municipalities and License Applicants
			 that have been designated as Social Equity Program Participants or Economic
			 Empowerment Priority Applicants.
(3) Equity Standards for Host Communities to
			 Promote and Encourage Full Participation in the regulated Marijuana industry.
(a) Municipalities are presumed to have met
			 the Commission's minimum acceptable equity standards for promoting and
			 encouraging full participation in the regulated Marijuana industry by taking
			 one of the following actions:
1. Adopting an
			 ordinance or bylaw to exclusively permit Social Equity Businesses for 3 years
			 or until the goals of the exclusivity period have been met;
2. Adopting the Model Ordinance or Bylaw
			 created by the Commission to permit Social Equity Businesses; or
3. Creating a Local Approval Process for
			 equity applicants that is administered on a 1:1 basis, where a General
			 Applicant may be approved only after a Social Equity Business has commenced
			 operations. Host Communities may choose to administer a 1:1 Local Approval
			 Process until such time as 50% of the Licensees operating in the Host Community
			 are Social Equity Businesses.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.200 - Counties of Dukes County and Nantucket

Current through Register 1525, July 5, 2024
(1) To the extent permitted by law, MTCs
			 operating from locations in the Counties of Dukes County and Nantucket (the
			 "island counties") may operate in full compliance with
			 935 CMR
			 501.000.
(2) If an MTC operating from locations in the
			 island counties are prevented from operating in full compliance with
			 935 CMR
			 501.000 by operation of law, they are not required to
			 utilize Independent Testing Laboratories until such time as a laboratory is
			 located on the island where the MTC is located or the establishment can
			 transport Marijuana Products to the mainland of Massachusetts.
(3) If MTCs operating from locations in the
			 island counties are prevented from utilizing Independent Testing Laboratories
			 by operation of law, they are required to test Marijuana Products in a manner
			 that is not unreasonably impracticable, but also adequately protects the public
			 health in the opinion of the Commission. Such testing may include:
(a) A modified on-Premises testing system
			 approved by the Commission if the label on any Marijuana or Marijuana Product
			 so tested discloses in capital letters: "WARNING: LIMITED TESTING FOR
			 CONTAMINANTS AND PESTICIDES";
(b) A
			 testing facility in the island counties that does not meet the criteria for an
			 Independent Testing Laboratory, but is approved by the Commission for testing
			 by MTCs located in the island counties; or
(c) Such other testing system approved by the
			 Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.300 - Complaints Process

Current through Register 1525, July 5, 2024
(1) In a time
			 and manner determined by the Commission, a dedicated telephone number, email
			 address or other means shall be provided for members of the public or
			 Qualifying Patients to notify the Commission of complaints regarding MTCs, MTC
			 Agents or Host Communities.
(2) The
			 Commission may, at its discretion, investigate or decline to investigate any
			 complaint or refer a complaint to another law enforcement or regulatory
			 authority.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.301 - Inspections and Compliance

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 94I and M.G.L. c. 94G, §§ 4(a)(xvii) through (xx), the
			 Commission or a Commission Delegee may inspect an MTC and affiliated vehicles
			 at any time without prior notice to determine the MTC's compliance with the act
			 and 935 CMR
			 501.000. All areas, activities and records of an MTC
			 and activities and records of MTC agents are subject to such inspection.
			 Submission of an application by or issuance of a License to an MTC constitutes
			 consent for such inspection
(2) An
			 MTC shall allow immediate access to the facility on being presented with photo
			 identification documenting the Commission representative's affiliation with the
			 Commission or a Commission Delegee's affiliation with a state agency with
			 lawful jurisdiction over the operations of an MTC.
(3) An MTC or Host Community shall
			 immediately on request make available to the Commission or a Commission Delegee
			 all information that may be relevant to an inspection or investigation of an
			 incident or a complaint.
(4) An MTC
			 or Host Community shall make all reasonable efforts to facilitate the
			 inspection or investigation of an incident or a complaint, including the taking
			 of samples, photographs, video or other evidence or recordings, and complying
			 with demands for examination and inspection in accordance with
			 935
			 CMR 501.302.
(5) During an inspection, the Commission or a
			 Commission Delegee may direct an MTC to test Marijuana for contaminants
			 including, but not limited to, mold, mildew, heavy metals, plant-growth
			 regulators, and the presence of Pesticides not approved for use on Marijuana
			 pursuant to
			 935
			 CMR 501.120(5).
(6) An inspection or other investigation may
			 be made prior to the issuance of a License or the renewal of a License.
			 Additional inspections may be made whenever the Commission or a Commission
			 Delegee deems it necessary for the enforcement of M.G.L. c. 94I and M.G.L. c.
			 94G, and
			 935 CMR
			 501.000.
(7) The failure to cooperate with an
			 inspection or investigation or otherwise comply with
			 935
			 CMR 501.301 may result in administrative or
			 disciplinary action against the Licensee or Host Community.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.302 - Compliance Examination

Current through Register 1525, July 5, 2024
(1)
			 After an MTC has been licensed, the Commission or a Commission Delegee pursuant
			 to M.G.L. c. 94I and M.G.L. 94G, § 4(a)(xx), has the authority to demand
			 access to its papers, books, documents, records, correspondence, electronic
			 communications, and other tangible things to examine and inspect. Such
			 examination and inspection may include interrogatories to parties or subpoenas
			 to compel the production of papers, books, documents, records, correspondence,
			 electronic communications, and other tangible things. The examination and
			 inspection of an MTC may also include the interview of material witnesses,
			 registered agents or Close Associates whom the Commission has determined is
			 involved in the financing, management or operation of the MTC.
(2)
Administrative
			 Subpoenas
. The Commission or a Commission Delegee may, during a
			 preliminary investigation prior to a hearing, issue, modify, amend or rescind
			 subpoenas. Material witnesses, registered agents, or other Persons whom the
			 Commission has determined are involved in the financing, management or
			 operation of an MTC may petition the Commission to modify, amend or rescind
			 subpoenas.
(3)
General
			 Provisions
. Administrative subpoenas for compliance examination
			 and inspection shall be issued in the name of the Commission by the Commission
			 or a Commission Delegee. Service may be made in a form and manner determined by
			 the Commission including, but not limited to, by the consent of the
			 parties.
(4)
Enforcement of
Subpoenas
. On the
			 failure of a person to comply with a
subpoena
, and not
			 subsequently vacated or modified by the Commission or a Commission Delegee, the
			 Commission or a Commission Delegee may apply to the Superior Court for an order
			 to compel compliance with the
subpoena
; an order for costs and
			 fees associated with the issuance and enforcement of the
subpoena
; or an order of contempt for any failure by a party
			 to comply with a court order.
(5)
			 The failure to cooperate with provisions of
			 935
			 CMR 501.302 may result in administrative or
			 disciplinary action against the Licensee.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.303 - Unannounced Purchase for Purpose of Investigative Testing (Secret Shopper Program)

Current through Register 1525, July 5, 2024
(1)
Secret Shopper Program Authorized
. The Commission or a
			 Commission Delegee may at any time and without prior notice, authorize an
			 employee or other agent to pose as a customer and purchase any Marijuana or
			 Marijuana Products from any registered or licensed MTC. The Commission or a
			 Commission Delegee, may authorize such purchase for any investigative purposes
			 that are consistent with St. 2016, c. 334, as amended by St. 2017, c. 55,
			 M.G.L. c. 94G, M.G.L. c. 94I,
			 935 CMR
			 500.000:
Adult Use of Marijuana
, or
			 935 CMR
			 501.000 including, but not limited to, investigative
			 testing for compliance with laboratory testing standards and identification
			 check requirements. The purchasing employee or agent shall document the
			 purchase, including the date, time and place of purchase, type and amount of
			 Marijuana or Marijuana Products, and any other information required by the
			 Commission.
(2)
Custody
			 and Preservation of Purchases
. The Marijuana or Marijuana Products
			 purchased as part of the program shall be securely stored during transport in a
			 manner to prevent contamination or spoilage.
(3)
Contamination and Spoilage
			 during Storage or Transport
. Any contamination or spoilage of
			 purchases under the Secret Shopper Program during storage or transport while
			 under the control of the purchaser shall be promptly documented by the
			 purchaser in writing and reported to the Commission. The Commission or a
			 Commission Delegee, may authorize the disposal of the contaminated or spoiled
			 purchase, pursuant to the regulations concerning waste disposal under
			 935
			 CMR 501.105(12).
(4)
Use of Secret Shopper
			 Investigative Results
. Results of investigations conducted under
			 Secret Shopper Program shall be promptly submitted to the Commission.
(a) All investigative results shall be
			 retained as part of the records for the licensed MTC from which the purchase
			 originated.
(b) The MTC may be
			 notified of any investigative results determined to be noncompliant at a time
			 and manner determined by the Commission.
(c) After the MTC is notified of the
			 investigative results, such results may be used by the Commission to take
			 action on the License of the MTC pursuant to
			 935
			 CMR 501.340,
			 501.350,
			 501.450,
			 501.500 or assess fines or
			 other civil penalties pursuant to
			 935
			 CMR 501.360.
(d) Without notice to the MTC, the Commission
			 may share such investigative results with any other law enforcement or
			 regulatory authorities.
(e) The
			 Commission may elect to conduct further evaluation of the investigative results
			 at any time for verification or for other purposes reasonably related to
			 sanitation, public health or public safety.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.310 - Deficiency Statements

Current through Register 1525, July 5, 2024
After an inspection in which a violation of St. 2016, c. 334,
				as amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. 94I,
				935 CMR
				500.000:
Adult Use of Marijuana
, or
				935 CMR
				501.000 is observed or a violation is otherwise
				determined to have occurred, the Commission shall issue a deficiency statement
				citing every violation identified, a copy of which shall be left with or sent
				to the MTC or Host Community.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.320 - Plans of Correction

Current through Register 1525, July 5, 2024
(1) An MTC or
			 Host Community shall submit to the Commission a written plan of correction for
			 any violations cited in the deficiency statement issued pursuant to
			 935
			 CMR 501.310, within ten business days after
			 receipt of the statement.
(2) A
			 plan shall state, with respect to each deficiency, the specific corrective
			 step(s) to be taken, a timetable for such steps, and the date by which
			 compliance with will be achieved. The timetable and the compliance dates shall
			 be consistent with achievement of compliance in the most expeditious manner
			 possible.
(3) The Commission shall
			 review the plan of correction, and shall notify the MTC or Host Community of
			 either the acceptance or rejection of the plan or any component of the
			 plan.
(4) An unacceptable plan
			 shall be amended and resubmitted within five business days after receipt of
			 such notice.
(5) The approval of a
			 plan of correction shall not preclude the Commission from issuing an order for
			 further corrective action fixing a reasonable time for correction of the
			 violation, assessing an administrative fine, or taking any other administrative
			 action authorized under the Commission's regulations.
(6) An MTC or Host Community shall notify the
			 Commission once the plan of correction has been fully implemented and
			 completed.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.330 - Limitation of Sales

Current through Register 1525, July 5, 2024
(1) If the
			 Commission or a Commission Delegee determines that an MTC does not
			 substantially comply with applicable provisions of St. 2016, c. 334, as amended
			 by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, or
			 935 CMR
			 501.000, the Commission or a Commission Delegee may
			 order that the MTC dispose of and may not sell Marijuana or Marijuana Products,
			 after a date specified.
(2) The
			 Commission or a Commission Delegee shall not make such a determination until an
			 MTC has been notified that the MTC does not substantially comply with
			 applicable provisions of St. 2016, c. 334, as amended by St. 2017, c. 55,
			 M.G.L. c. 94G, M.G.L. c. 94I, or
			 935 CMR
			 501.000, that an order to dispose of or limit sales is
			 contemplated, and that the MTC has a reasonable opportunity to correct the
			 deficiencies.
(3) An order that an
			 MTC dispose of and may not sell Marijuana or Marijuana Products pursuant to
			 935
			 CMR 501.330(1)  may be
			 rescinded when the Commission or a Commission Delegee finds that the MTC is in
			 substantial compliance with the applicable provisions of St. 2016, c. 334, as
			 amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, or
			 935 CMR
			 501.000.
(4) The Commission or a Commission Delegee
			 may modify, amend or rescind the order at any time after its issuance on
			 condition(s) just to all the parties.
(5) To the extent that the issuance of a
			 Quarantine Order is to investigate a risk to public safety, health and welfare,
			 a Licensee shall not have a right to a hearing, unless and until the order
			 remains in effect beyond 21 calendar days without any further action by the
			 Commission or a Commission Delegee.
(6) The failure to cooperate with provisions
			 of 935 CMR 501.340 may result in
			 administrative or disciplinary action against the Licensees or
			 Registrants.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.335 - Removal and Prohibition of Marijuana and Marijuana Products

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 94G, §
			 4(a½)(xxxi) and M.G.L. c. 94I, the Commission or a Commission Delegee
			 may order the removal or prohibition of sales by more than one Licensee of
			 categories of product types, of specific product types or of specific brands of
			 products after notice and a determination that Marijuana, Marijuana Products,
			 and Marijuana Accessories (for the purposes of 935 CMR 501.335, "Product"),
			 which based on preliminary evidence, pose a substantial risk to the public
			 health, safety or welfare including, but not limited to, that the product is
			 especially appealing to Persons under 21 years of age.
(a) The Commission may vote to initiate a
			 complaint about a Product and refer that complaint to the Executive Director
			 and Enforcement staff for investigation.
(b) In consultation with the Executive
			 Director, Enforcement staff may conduct an investigation and make a
			 recommendation as to the Removal of Product. The recommendation shall be based
			 on credible and reliable evidence and provide a specific description of the
			 scope of removal and specify whether the removal or prohibition on sales
			 applies to one of the following:
1.
Category of Product Type(s)
. A type of Product
			 including, but not limited to, Marijuana seeds, Marijuana Clones, Edibles,
			 Beverages, topical products, ointments, oils, Tinctures, oral dosage forms or
			 any other Product identified by the Commission or a Commission
			 Delegee.
2.
Specific
			 Product Type(s)
. A specific type of Product within a category of
			 Products, but not including other types of Product within the same
			 category.
3.
Specific
			 Brand of Product(s)
. One or more specific Product types or
			 category types Manufactured by a Marijuana Product Manufacturer or a specific
			 Product type or category type Manufactured by multiple Marijuana Product
			 Manufacturers subject to an agreement including, but not limited to, a
			 partnership, product licensing, distribution, branding, advertising, marketing
			 or sales agreement.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.340 - Quarantine Order

Current through Register 1525, July 5, 2024
(1) Pursuant to its
			 authority under M.G.L. c. 94I and M.G.L. c. 94G, §§ 4(a)(xix) and
			 4(a½)(xxxi), a Quarantine Order may be imposed by the Commission or a
			 Commission Delegee to immediately quarantine or otherwise restrict the sale or
			 use of Marijuana, Marijuana Products or MIPs by a Licensee or Registrant to
			 protect the public health, safety or welfare.
(2) If, based on complaint(s) inspection(s),
			 affidavit(s), or other credible evidence, the Commission or a Commission
			 Delegee determines that a Licensee or Registrant or the Marijuana, Marijuana
			 Products, MIPs, cultivated, produced or sold by a Licensee or Registrant pose
			 an immediate or serious threat to the public health, safety, or welfare, the
			 Commission or a Commission Delegee may issue an order to the Licensee that:
(a) Quarantines or otherwise restricts the
			 sale or use of Marijuana, Marijuana Products, or MIPs, prepared by or in the
			 possession of the Licensee; or
(b)
			 Quarantines or otherwise restricts the sales or use of Marijuana, Marijuana
			 Products, or MIPs to the extent necessary to avert a threat, pending final
			 investigation results.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.350 - Cease and Desist Order and Summary Suspension Order

Current through Register 1525, July 5, 2024
(1) Pursuant to its authority under M.G.L. c.
			 94I, and M.G.L. c. 94G, §§ 4(a) and 4(a½), a Cease and Desist
			 or a Summary Suspension Order may be imposed by the Commission or a Commission
			 Delegee prior to a hearing to protect the public health, safety, or
			 welfare.
(2) If based on
			 inspection(s), affidavit(s) or other credible evidence, the Commission or a
			 Commission Delegee determines that a Licensee or Registrant, or the Marijuana,
			 Marijuana Products, MIPs cultivated, produced, or sold by a Licensee or
			 Registrant, pose an immediate or serious threat to the public health, safety,
			 or welfare, the Commission or a Commission Delegee may:
(a) Issue a Cease and Desist Order that
			 requires cessation of any or all operations including, but not limited to, the
			 cultivation, product manufacturing, Transfer, sale, delivery or transportation
			 of Marijuana, Marijuana Products, or MIPs; or
(b) Issue a Summary Suspension Order that
			 requires the immediate suspension of a License and its associated registrations
			 and cessation of all operations.