Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.120 - Additional Operational Requirements for the Cultivation, Acquisition, and Distribution of Marijuana

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 for the cultivation, acquisition, and
			 distribution of Marijuana required under
			 935
			 CMR 501.120.
(2) Except as authorized by
			 935
			 CMR 501.140(3)(c)  and
			 unless otherwise authorized by the Commission, only an MTC is permitted to
			 cultivate medical-use Marijuana, except for a Registered Qualifying Patient
			 granted a Hardship Cultivation Registration or that Patient's Personal
			 Caregiver. Prior to commencing operations, MTCs shall disclose all growing
			 media and plant nutrients intended to be used during the cultivation process.
			 In all instances, MTCs shall disclose all growing media and plant nutrients
			 being used upon request.
(3) Unless
			 otherwise authorized by the Commission, a cultivation location of an MTC may
			 cultivate Marijuana for only that MTC, and up to two additional MTCs locations
			 operated by the same entity Owner.
(4) All phases of the cultivation of
			 Marijuana shall take place in a designated, Limited Access Areas where
			 Marijuana is not visible from a public place without the use of binoculars,
			 aircraft or other optical aids. Marijuana is not visible if it cannot be
			 reasonably identified.
(5)
			 Application of Pesticides shall be performed in compliance with M.G.L. c. 132B,
			 and 333 CMR
			 2.00:
General Information
through
			 333 CMR
			 14.00:
Protection of Children and Families
			 from Harmful Pesticides
. Any testing results indicating noncompliance
			 shall be immediately reported to the Commission, who may refer any such result
			 to the MDAR.
(6) An MTC selling or
			 otherwise Transferring Marijuana to another MTC or Marijuana Establishment
			 shall provide documentation of its compliance, or lack thereof, with the
			 testing requirements of
			 935
			 CMR 501.160.
(7) An MTC may label Marijuana and MIPS with
			 the word "organic" only if all cultivation is consistent with US Department of
			 Agriculture organic requirements at 7 CFR Part 205 and consistent with the MDAR
			 requirements for Pesticide usage.
(8) Soil for cultivation shall meet federal
			 standards identified by the Commission including, but not limited to, the US
			 Agency for Toxic Substances and Disease Registry's Environmental Media
			 Evaluation Guidelines for residential soil levels.
(9) The cultivation process shall use best
			 practices to limit contamination including, but not limited to, mold, fungus,
			 bacterial diseases, rot, pests, Pesticides not in compliance with
			 935
			 CMR 501.120(5), mildew, and
			 any other contaminant identified as posing potential harm. Best practices shall
			 be consistent with state and local law including, but not limited to, the
			 Commission's Guidance on Integrated Pest Management.
(10) Any application of plant nutrient to
			 land used for the cultivation of Marijuana shall comply with St. 2012, c. 262,
			 as amended by St. 2013, c. 118, § 26, and
			 330 CMR
			 31.00:
Plant Nutrient Application Requirements
			 for Agricultural Land and Non-agricultural Turf and Lawns
.
(11) MTC cultivation operations shall satisfy
			 minimum energy efficiency and equipment standards established by the Commission
			 and meet all applicable environmental laws, regulations, permits and other
			 applicable approvals including, but not limited to, those related to water
			 quality and quantity, wastewater, solid and hazardous waste management, and air
			 pollution control, including prevention of odor and noise pursuant to
			 310 CMR
			 7.00:
Air Pollution Control
as a
			 condition of obtaining a final License under
			 935
			 CMR 501.103(2)  and as a
			 condition of renewal under
			 935
			 CMR 501.103(4). MTC
			 cultivation operations shall adopt and use additional best management practices
			 as determined by the Commission, in consultation with the working group
			 established under St. 2017, c. 55, § 78(b) or applicable departments or
			 divisions of the EOEEA, to reduce energy and water usage, engage in energy
			 conservation and mitigate other environmental impacts, and shall provide energy
			 and water usage reporting to the Commission in a form determined by the
			 Commission. Each License renewal application under
			 935
			 CMR 501.103(4)  must include
			 a report of the MTC cultivation operations' energy and water usage over the
			 12-month period preceding the date of application.
(12) MTC cultivation operations shall be
			 subject to the following minimum energy efficiency and equipment standards:
(a) The building envelope for all facilities,
			 except Greenhouses, shall meet minimum Massachusetts Building Code requirements
			 and all Massachusetts amendments (780 CMR:
State Building
			 Code
), International Energy Conservation Code (IECC) Section C.402 or
			 The American Society of Heating, Refrigerating and Air-conditioning Engineers
			 (ASHRAE) Chapters 5.4 and 5.5 as applied or incorporated by reference in 780
			 CMR
: State Building Code
, except that facilities using
			 existing buildings may demonstrate compliance by showing that the envelope
			 insulation complies with code minimum standards for Type Factory Industrial
			 F-1, as further defined in guidelines issued by the Commission.
Lighting used for MTC cultivation operations shall meet one of
				the following compliance paths:
1.
			 Horticulture Lighting Power Density may not exceed 36 watts per square foot,
			 except for Tier 1 and Tier 2 which may not exceed 50 watts per square
			 foot;
2. All horticultural lighting
			 used in a facility is listed on the current Design Lights Consortium
			 Solid-State Horticultural Lighting Qualified Products List ("Horticultural
			 QPL") or other similar list approved by the Commission as of the date of
			 License application, and lighting Photosynthetic Photon Efficacy (PPE) is at
			 least 15 % above the minimum Horticultural QPL threshold rounded up to the
			 nearest 0.1 pmol/J (micromoles per joule); or
3. A facility seeking to use horticultural
			 lighting not included on the Horticultural QPL or other similar list approved
			 by the Commission shall seek a waiver pursuant to
			 935
			 CMR 501.850 and provide documentation of
			 third-party certification of the energy efficiency features of the proposed
			 lighting. All facilities, regardless of compliance path, shall provide
			 third-party safety certification by an OSHA NRTL or SCC-recognized body, which
			 shall certify that products meet a set of safety requirements and standards
			 deemed applicable to horticultural lighting products by that safety
			 organization.