Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.321 - Administrative Hold

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 94G, § 4(a)(xix), the Commission or a Commission Delegee may
			 order an Administrative Hold of Marijuana or Marijuana Products to examine and
			 inspect a Marijuana Establishment to ensure compliance with the provisions of
			 935 CMR
			 500.000, 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) A Marijuana Establishment 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 a Marijuana Establishment, the Commission has reasonable cause to believe
			 certain Marijuana or Marijuana Products are noncompliant under
			 935 CMR
			 500.000, 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 Marijuana Establishment shall
			 continue to comply with all inventory requirements including, but not limited
			 to, 935 CMR
			 500.105(8).
(c) The Marijuana Establishment 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 Marijuana Establishment.
(d) While the Administrative Hold is in
			 effect, the Marijuana Establishment 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 Marijuana Establishment 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 500.110.
(f) An Administrative Hold may not prevent a
			 Marijuana Establishment 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 may not prevent a
			 Marijuana Establishment from voluntarily surrendering Marijuana or Marijuana
			 Products subject to an Administrative Hold, except that the Marijuana
			 Establishment shall comply with the waste disposal requirements in
			 935
			 CMR 500.105(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 500.321 may result in
			 administrative or disciplinary action against the Licensee.