Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.002 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				935 CMR
				500.000, the following terms shall have the following
				meanings:
Administrative Hold
means a hold
				requiring temporary isolation of Marijuana or Marijuana Products by a Licensee
				or Registrant pending further investigation.
Adult-use Cannabis
or
Marijuana
means Marijuana that is cultivated,
				Processed, Transferred, tested or sold to adults 21 years of age or older
				pursuant to M.G.L. c. 94G.
Adult-use Cannabis
or
Marijuana Products
means Marijuana Products that are
				Processed, Manufactured, Transferred, tested or sold to adults 21 years of age
				or older pursuant to M.G.L. c. 94G.
Advanced Core Curriculum
means the
				advanced training curriculum taught by a Responsible Vendor Trainer that may be
				taken by Marijuana Establishment Agents after completing the Basic Core
				Curriculum under
				935
				CMR 500.105(2)(b).
Advertising
means a form of marketing
				communication that employs a sponsored, non-personal message to sell or promote
				a Marijuana Establishment's Brand Name, Marijuana Establishment Branded Good,
				service, product or idea.
Affixed
means the attachment of a
				label or other packaging material so that it is not easily removed or
				lost.
Agent Registration Card
means an
				identification card currently and validly issued by the Commission to a
				Marijuana Establishment, MTC or Laboratory Agent. The Agent Registration Card
				allows access into Commission supported databases. The card facilitates
				verification of an individual Registrant's status including, but not limited
				to, identification by the Commission and Law Enforcement Authorities of those
				individuals exempt from Massachusetts criminal and civil penalties under M.G.L.
				c. 94G and 94I, and
				935 CMR
				500.000 and
				501.000.
Area of Disproportionate Impact
means
				a geographic area identified by the Commission for the purposes identified in
				M.G.L. c. 94G, § 4(a½)(iv), and which has had historically high
				rates of arrest, conviction, and incarceration related to Marijuana
				crimes.
Arming Station
means a device that
				allows control of a security alarm system.
Assignment for the Benefit of
				Creditors
means a contractual agreement with a third-party by
				which the Licensee assigns all of its assets and liabilities to such
				third-party in order to satisfy the Licensee's obligations to its creditors by
				liquidating the assets.
Basic Core Curriculum
means the
				foundational training curriculum required of all Marijuana Establishment Agents
				taught by a Responsible Vendor Trainer under
				935
				CMR 500.105(2)(b).
Beverage
means a liquid intended for
				drinking.
Bona Fide
Healthcare Provider
				Patient Relationship
means a relationship between a Certifying
				Healthcare Provider, acting in the usual course of their professional practice,
				and a Patient in which the healthcare provider has conducted a Clinical Visit,
				completed and documented a full assessment of the Patient's medical history and
				current medical condition, has explained the potential benefits and risks of
				Marijuana use, and has a role in the ongoing care and treatment of the
				Patient.
Brand Name
means a brand name (alone
				or in conjunction with any other word), registered trademark, logo, symbol,
				motto, selling message, recognizable pattern of colors, or any other
				identifiable marker associated with a Marijuana Establishment.
Brand Name Sponsorship
means the
				payment by a Marijuana Establishment in exchange for use of a Brand
				Name:
(1) to sponsor an athletic,
			 musical, artistic, or other social or cultural event; or
(2) to identify, advertise, or promote such
			 event, or an entrant, or participant of such an event.
Cannabinoid
means any of several
				compounds produced by Marijuana plants that have medical and psychotropic
				effects.
Cannabinoid Profile
means the amounts,
				expressed as the dry-weight percentages, of delta-nine-tetrahydrocannabinol,
				cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a Marijuana
				Product. Amounts of other Cannabinoids may be required by the
				Commission.
Cannabis
means Marijuana as defined
				herein.
Canopy
means an area to be calculated
				in square feet and measured using clearly identifiable boundaries of all
				areas(s) that will contain Flowering and/or Vegetative plants larger than eight
				inches tall and eight inches wide at any point in time, including all of the
				space(s) within the boundaries. Canopy may be noncontiguous, but each unique
				area included in the total Canopy calculations shall be separated by an
				identifiable boundary which includes, but is not limited to: interior walls,
				shelves, Greenhouse walls, hoop house walls, garden benches, hedge rows,
				fencing, garden beds, or garden plots. If Flowering and/or Vegetative plants
				larger than eight inches tall and eight inches wide are being cultivated using
				a shelving system, the surface area of each level shall be included in the
				total Canopy calculation.
Card Holder
means a Registered
				Qualifying Patient, Personal Caregiver, Marijuana Establishment Agent, Medical
				Marijuana Treatment Center (MTC) Agent, or Laboratory Agent who holds a valid
				Patient or Agent Registration Card.
Caregiver
means a Personal Caregiver
				or Institutional Caregiver.
Caregiving Institution
means a hospice
				program, long-term care facility, or hospital duly registered currently and
				validly by the Commission, providing care to a Registered Qualifying Patient on
				the premises of the facility or through a hospice program.
Cease and Desist Order
means an order
				to stop or restrict operations including, but not limited to, cultivation,
				product manufacturing, Transfer, sale, delivery, or testing, of Marijuana,
				Marijuana Products or Marijuana-infused Products (MIPs) by a Licensee or
				Registrant to protect the public health, safety or welfare.
Ceases to Operate
means a Marijuana
				Establishment, Medical Marijuana Treatment Center (MTC) or Independent Testing
				Laboratory that closes and does not transact business for a period greater than
				60 days with no substantial action taken to reopen. The Commission may
				determine that a Marijuana Establishment has Ceased to Operate based on its
				actual or apparent termination of operations.
Certificate of Licensure
means the
				certificate issued by the Commission that confirms that an MTC or Independent
				Testing Laboratory has met all applicable requirements pursuant to M.G.L. c.
				94I, and
				935 CMR
				501.000, and is currently and validly licensed by the
				Commission. An MTC or Independent Testing Laboratory may be eligible for a
				provisional or final Certificate of Licensure.
Certificate of Registration
means a
				certificate currently and validly issued by the Commission, that confirms an
				individual or entity has met all applicable requirements pursuant to M.G.L. c.
				94I, and
				935 CMR
				501.000 and is registered by the Commission.
Certifying Certified Nurse Practitioner
				(CNP)
means a Massachusetts licensed certified nurse practitioner
				licensed pursuant to
				244 CMR
				4.00:
Advanced Practice Registered
				Nursing
, who certifies that in their professional opinion, the
				potential benefits of the medical use of Marijuana would likely outweigh the
				health risks for a Qualifying Patient.
Certifying Healthcare Provider
means a
				Certifying CNP, a Certifying Physician or a Certifying Physician
				Assistant.
Certifying Physician
means a
				Massachusetts licensed physician (Medical Doctor or Doctor of Osteopathy) who
				certifies that in their professional opinion, the potential benefits of the
				medical use of Marijuana would likely outweigh the health risks for a
				Qualifying Patient.
Certifying Physician Assistant
means a
				Massachusetts physician assistant licensed pursuant to
				263 CMR
				3.00:
Licensure of Individual Physician
				Assistants,
who certifies that in their professional opinion, the
				potential benefits of the medical use of Marijuana would likely outweigh the
				health risks for a Qualifying Patient.
Clinical Visit
means an in-person or
				telehealth visit during which a Certifying Healthcare Provider establishes a
Bona Fide
Healthcare Provider Patient Relationship and
				conducts a full assessment of the Patient's medical history and current medical
				condition, including the Debilitating Medical Condition, and explains the
				potential benefits and risks of Marijuana use. A Clinical Visit for an initial
				Certificate of Registration shall be performed in-person.
Clone
means a clipping from a Cannabis
				or Marijuana plant that can be rooted and grown.
Close Associate
means a Person who
				holds a relevant managerial, operational or financial interest in the business
				of an applicant or Licensee and, by virtue of that interest or power, is able
				to exercise a significant influence over the corporate governance of a
				Marijuana Establishment, an MTC or Independent Testing Laboratory licensed
				under
				935 CMR
				500.000. A
Close Associate
is
				deemed to be a Person or Entity Having Direct or Indirect Control.
Colocated Marijuana Operations (CMO)
means an MTC operating under a License pursuant to
				935 CMR
				501.000:
Medical Use of Marijuana
and
				a Marijuana Establishment operating under at least one License pursuant to
				935 CMR
				500.000 on the same Premises.
Colocated
				Marijuana Operations
pertain to cultivation, product
				manufacturing, and retail licenses, but not any other adult-use License.
Commission
means the Massachusetts
				Cannabis Control Commission as established by M.G.L. c. 10, § 76, or its
				representatives. The Commission has authority to implement the state Marijuana
				laws which include, but are not limited to, St. 2016, c. 334, The Regulation
				and Taxation of Marijuana Act, as amended by St. 2017, c. 55, An Act to Ensure
				Safe Access to Marijuana; M.G.L. 10, § 76, M.G.L. c. 94G; M.G.L. c. 94I;
				935 CMR
				500.000 and
				935 CMR
				501.000:
Medical Use of
				Marijuana
.
Community Impact Fee (CIF)
means
				impact fee(s) claimed by a Host Community in relation to the operations of a
				particular Marijuana Establishment or MTC which have been certified by the
				Commission or ruled upon by a court of competent jurisdiction as being
				Reasonably Related to the actual costs imposed on a Host Community by a
				Marijuana Establishment or MTC's operations.
Commission Delegee(s)
means other
				state or local officials or agencies working in cooperation with the Commission
				by agreement, to carry out the Commission's responsibilities and to ensure
				compliance with the adult-use and medical-use, laws, and any other applicable
				federal or state laws.
Confidential Application Materials
means any electronic or written document, communication or other record
				pertaining to an application for licensure or registration that is required to
				be confidential or protected from disclosure by law which includes, but is not
				limited to, personally identifiable information concerning an applicant,
				Registrant, or Licensee; background check information or Criminal Offender
				Record Information (CORI) as defined by
				803
				CMR 2.02:
Definitions
, or
				Criminal History Record Information (CHRI) as defined by
				803
				CMR 7.02:
Definitions
; and
				information that implicates security concerns.
Confidential Database
means the
				Commission database that holds data concerning:
(a) Qualifying Patients issued a Registration
			 Card for medical use of Marijuana;
(b) Healthcare professionals registered to
			 issue Written Certifications;
(c)
			 MTCs;
(d) Quantity of medical-use
			 Marijuana dispensed to a Card Holder; and
(e) Any other pertinent
			 information.
Confidential Information
means
				information that is legally required to be kept confidential, or that is
				protected from disclosure by a legally recognized privilege. This includes, but
				is not limited to, M.G.L. c. 4, § 7, cl. 26 and M.G.L. c. 94I,
				§§ 2(e) and 3.
Confidential Investigatory Materials
means any electronic or written document, communication or other record
				pertaining to an investigation, which concerns:
(a) A possible violation of a statute,
			 regulation, rule, practice or procedure, or professional or industry standard,
			 administered or enforced by the Commission;
(b) An ongoing investigation that could alert
			 subjects to the activities of an investigation;
(c) Any details in witness statements, which
			 if released create a grave risk of directly or indirectly identifying a private
			 citizen who volunteers as a witness;
(d) Investigative techniques the disclosure
			 of which would prejudice the Commission's future investigative efforts or pose
			 a risk to the public health, safety or welfare; or
(e) The background of any person the
			 disclosure of which would constitute an unwarranted invasion of personal
			 privacy.
Confidential Records
means any
				electronic or written record required to be kept confidential or protected from
				disclosure by law, which includes, but is not limited to, Confidential
				Application Materials, Confidential Social Equity Application Materials,
				Confidential Investigatory Materials, and Protected Patient Records (as defined
				in 935 CMR 501.002:
Protected Patient Records
).
Confidential Social Equity Application
				Materials
means any electronic or written document, communication
				or other record pertaining to an application for the Social Equity Program that
				is required to be confidential or protected from disclosure by law which
				includes, but is not limited to, CORI as defined by
				803
				CMR 2.02:
Definitions
, or
				CHRI as defined in
				803
				CMR 7.02:
Definitions
.
Consumer
means a person who is 21
				years of age or older.
Court Appointee
shall mean a person or
				entity appointed by a court of competent jurisdiction to exercise court
				oversight with respect to the property, assets, management, or operations of a
				Licensee or Person or Entity Having Direct or Indirect Control over a Licensee
				including, without limitation, a receiver, custodian, guardian, trustee, and
				executor or administrator of estate. This could include a person or entity
				preapproved or recommended by the Commission or its delegee appointed by the
				court.
Court Supervised Proceeding
shall mean
				a proceeding where a court of competent jurisdiction supervises the property,
				assets, management, or operations of a Licensee or Person or Entity Having
				Direct or Indirect Control over a Licensee through a Court Appointee.
Craft Marijuana Cooperative
means a
				Marijuana Cultivator comprised of residents of the Commonwealth and organized
				as a limited liability company, limited liability partnership, or cooperative
				corporation under the laws of the Commonwealth. A cooperative is licensed to
				cultivate, obtain, Manufacture, Process, package, brand and Transfer Marijuana
				or Marijuana Products to Marijuana Establishments, but not to Consumers.
Criminal Offender Record Information
				(CORI)
shall have the same meaning as defined by
				803
				CMR 2.02:
Definitions
.
Cultivation Batch
means a collection
				of Cannabis or Marijuana plants from the same seed or plant stock that are
				cultivated and harvested together, and receive an identical Propagation and
				cultivation treatment including, but not limited to: growing media, ambient
				conditions, watering and light regimes and agricultural or hydroponic inputs.
				Clones that come from the same plant are one batch. The Licensee shall assign
				and record a unique, sequential alphanumeric identifier to each Cultivation
				Batch for the purposes of production tracking, product labeling and product
				recalls.
Debilitating
means causing weakness,
				cachexia, wasting syndrome, intractable pain, or nausea, or impairing strength
				or ability, and progressing to such an extent that one or more of a patient's
				major life activities is substantially limited.
Debilitating Medical Condition
means
				cancer, glaucoma, positive status for human immunodeficiency virus (HIV),
				acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral
				sclerosis (ALS), Crohn's disease, Parkinson's disease, and multiple sclerosis
				(MS), when such diseases are debilitating, and other Debilitating conditions as
				determined in writing by a Qualifying Patient's healthcare provider.
Delivery Agreement
means a contract
				between a licensed Marijuana Establishment and a Delivery Licensee or Marijuana
				Establishment with a Delivery Endorsement to deliver Marijuana or Marijuana
				Products from the Marijuana Establishment directly to Consumers and as
				permitted, Marijuana Couriers to Patients and Caregivers, under the provisions
				of a Delivery License.
Delivery Endorsement
means
				authorization granted to Licensees in categories of Marijuana Establishments
				identified by the Commission to perform deliveries directly from the
				establishment to Consumers.
Delivery Items
means Finished
				Marijuana Products, Marijuana Accessories, and Marijuana Establishment Branded
				Goods.
Delivery License
means either a
				Marijuana Courier License or a Marijuana Delivery Operator License.
Delivery Licensee
means either a
				Marijuana Courier or a Marijuana Delivery Operator authorized to deliver
				Marijuana and Marijuana Products directly to Consumers and as permitted,
				Marijuana Couriers to Patients and Caregivers.
Department of Agricultural Resources
				(MDAR)
means the Massachusetts Department of Agricultural
				Resources, unless otherwise specified. MDAR has jurisdiction over Hemp and
				Pesticides.
Department of Criminal Justice Information Services
				(DCJIS)
means the Massachusetts Department of Criminal Justice
				Information Services, unless otherwise specified. DCJIS shall have the same
				meaning as defined in
				803
				CMR 2.02:
Definitions
.
Department of Public Health (DPH)
means the Massachusetts Department of Public Health, unless otherwise
				specified. DPH is the agency that administered the Medical Use of Marijuana
				Program prior to 2019.
Department of Revenue (DOR)
means the
				Massachusetts Department of Revenue, unless otherwise specified.
Department of Unemployment Assistance
				(DUA)
means the Massachusetts Department of Unemployment
				Assistance, unless otherwise specified.
Duress Alarm
means a silent security
				alarm signal generated by the entry of a designated code into an Arming Station
				that signals an alarm user is under duress and turns off the system.
Economic Empowerment Priority
				Applicant
means an applicant who, as an entity or through an
				individual certified by the Commission in 2018, meets and continues to meet
				three or more of the following six criteria, at least one of which shall be a
				majority-equity-ownership criterion:
(a) Majority-equity-ownership Criteria:
1. A majority (more than 50%) of ownership
			 belongs to people who have lived for five of the preceding ten years in an Area
			 of Disproportionate Impact, as determined by the Commission.
2. A majority (more than 50%) of ownership
			 has held one or more previous positions where the primary population served
			 were disproportionately impacted, or where primary responsibilities included
			 economic education, resource provision or empowerment to disproportionately
			 impacted individuals or communities.
3. A majority (more than 50%) of the
			 ownership is made up of individuals from Black, African American, Hispanic or
			 Latino descent.
(b)
			 Additional Criteria:
1. At least 51% of
			 current employees or subcontractors reside in Areas of Disproportionate Impact
			 and by the first day of business, the ratio will meet or exceed 75%.
2. At least 51% of employees or
			 subcontractors have drug-related CORI and are otherwise legally employable in
			 Cannabis enterprises.
3. Other
			 significant articulable demonstration of past experience in or business
			 practices that promote economic empowerment in Areas of Disproportionate
			 Impact. This applicant has priority for the purposes of the review of its
			 license application.
Edibles
means a Marijuana Product that
				is to be consumed by humans by eating or drinking. These products, when created
				or sold by a Marijuana Establishment or an MTC, shall not be considered a food
				or a drug as defined in M.G.L. c. 94, § 1.
Electronic Certification
means a
				document signed or executed electronically by a Certifying Healthcare Provider,
				stating that in the healthcare professional's professional opinion, the
				potential benefits of the medical use of Marijuana would likely outweigh the
				health risks for the Qualifying Patient. Such certification shall be made only
				in the course of a
Bona Fide
Healthcare Provider-patient
				Relationship and shall specify the Qualifying Patient's Debilitating Medical
				Condition. Electronic Certifications, on submission by a Certifying Healthcare
				Provider to the Commission, shall automatically generate a temporary
				registration.
Enclosed Area
means an indoor or
				outdoor area equipped with locks or other security devices, which is accessible
				only to Consumers, Marijuana Establishment Agents, Registered Qualifying
				Patients, or Caregivers.
Equity Holder
means a person or entity
				that holds, or may hold as a result of one or more of the following including,
				without limitation, vesting, conversion, exercising an option, a right of first
				refusal, or any agreement that would trigger an automatic transfer of or
				conversion to equity, any amount of equity in a Marijuana Establishment or an
				MTC.
Executive
means members of the board
				of directors, executive officers, executive director, manager, or their
				equivalent, of a Marijuana Establishment, MTC, or Independent Testing
				Laboratory.
Executive Office of Energy and Environmental
				Affairs (EOEEA)
means the Massachusetts Executive Office of Energy
				and Environmental Affairs, unless otherwise specified.
Existing Licensee Transporter
means an
				entity that is otherwise licensed by the Commission and also licensed to
				purchase, obtain, and possess Marijuana or Marijuana Products solely for the
				purpose of transporting, temporary storage, sale and distribution on behalf of
				other Marijuana Establishments or MTCs to other establishments, but not to
				Consumers.
Expedited Applicant
means an applicant
				for a Marijuana Microbusiness, Marijuana Craft Cooperative, Independent Testing
				Laboratory, or Outdoor Marijuana Cultivator license; a Social Equity
				Participant; a minority, woman, and/or veteran-owned business; eligible for
				expedited review prior to other General Applicants.
Fingerprint-based Background Check Trust
				Fund
means a fund established under M.G.L. c. 29, § 2HHHH, in
				which fees for fingerprint background checks are deposited.
Finished Marijuana
means Usable
				Marijuana, Cannabis resin or Cannabis concentrate.
Finished Marijuana Product
means a
				Marijuana Product that is completely manufactured and ready for retail sale and
				shall include Finished Marijuana that has been separated into individual
				packages or containers for sale.
Flowering
means the gametophytic or
				reproductive state of Cannabis or Marijuana in which the plant produces
				flowers, trichomes, and Cannabinoids characteristic of Marijuana.
Food and Drug Administration (FDA)
means the United States Food and Drug Administration.
General Applicant
means an applicant
				that has not been certified as an Economic Empowerment Priority Applicant or an
				MTC Priority Applicant; and is not eligible to be an Expedited
				Applicant.
Greenhouse
means a structure or
				thermally isolated Enclosed Area of a building that maintains a specialized
				sunlit environment used for and essential to the cultivation, protection or
				maintenance of plants.
Gross Annual Sales
means the total
				revenue generated by an ME or MTC under an individual license pertaining to the
				sale of Marijuana, Marijuana Products, Marijuana Accessories and Marijuana
				Establishment or MTC Branded Goods or the provision of services used by the
				Commission to calculate limits under M.G.L. c. 94G, § 3(d)(2)(i) regarding
				the Community Impact Fee amount properly due and payable to a Host
				Community.
Hardship Cultivation Registration
means a registration issued to a Registered Qualifying Patient under the
				requirements of
				935
				CMR 501.027:
Hardship Cultivation
				Registration
.
Healthcare Clinician or Provider
means
				a Certifying Physician, Certifying Certified Nurse Practitioner or Certifying
				Physician Assistant qualified under
				935 CMR
				501.000:
Medical Use of Marijuana
, to
				issue Written Certifications for the medical use of Marijuana.
Hemp
means the plant of the genus
				Cannabis or any part of the plant, whether growing or not, with a
				delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry
				weight basis of any part of the plant of the genus Cannabis, or per volume or
				weight of Marijuana Product, or the combined percent of
				delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the
				plant of the genus Cannabis, regardless of moisture content. MDAR has
				jurisdiction over Hemp.
Holdup Alarm
means a silent alarm
				signal generated by the manual activation of a device that signals a robbery in
				progress.
Horticultural Lighting Equipment (HLE)
means any lighting equipment (
e.g.,
fixtures, bulbs, ballasts,
				controls,
etc
.) that uses energy for the cultivation of
				plants, at any stage of growth (
e.g.
, germination,
				cloning/Mother Plants, Propagation, Vegetation, Flowering, and harvest).
Horticulture Lighting Square Footage
				(HLSF)
means an area to be calculated in square feet and measured
				using clearly identifiable boundaries of all areas(s) that will contain plants
				at any point in time, at any stage of growth, including all of the space(s)
				within the boundaries. HLSF may be noncontiguous, but each unique area included
				in the total HLSF calculations shall be separated by an identifiable boundary
				which includes, but is not limited to: interior walls, shelves, Greenhouse
				walls, hoop house walls, garden benches, hedge rows, fencing, garden beds, or
				garden plots. If plants are being cultivated using a shelving system, the
				surface area of each level shall be included in the total HLSF
				calculation.
Host Community
means a municipality in
				which a Marijuana Establishment or Independent Testing Laboratory is located or
				in which a License Applicant has proposed locating an establishment.
Host Community Agreement (HCA)
means
				an agreement entered into and executed between a Host Community and a License
				Applicant or between a Host Community and a Marijuana Establishment or MTC
				pursuant to M.G.L. c. 94G, § 3(d).
Host Community Agreement (HCA) Waiver
means a written statement executed by a Host Community and a License Applicant,
				or by a Host Community and a Marijuana Establishment or MTC, which expresses
				the parties' mutual intent to waive the regulatory requirement to have a Host
				Community Agreement.
Immature Plant
means a rooted plant in
				the Vegetation stage of development that is no taller than eight inches, no
				wider than eight inches, and is in a growing/cultivating container.
Immediate Family Member
means a
				spouse, parent, child, grandparent, grandchild, or sibling, including
				in-laws.
Impassible Barrier
means, for the
				purposes of determining the 500 feet buffer zone, a highway, public or private
				way or path, inaccessible structure, body of water, or other obstruction that
				renders any part of the 500-foot straight-line distance between a Marijuana
				Establishment Entrance and a School Entrance inaccessible by a pedestrian or
				automobile.
Independent Testing Laboratory
means a
				laboratory that is licensed or registered by the Commission and is:
(a) Currently and validly licensed under
			 935
			 CMR 500.101, or formerly and validly
			 registered by the Commission;
(b)
			 Accredited to ISO 17025: 2017 or the International Organization for
			 Standardization 17025 by a third-party accrediting body that is a signatory to
			 the International Laboratory Accreditation Accrediting Cooperation mutual
			 recognition arrangement or that is otherwise approved by the
			 Commission;
(c) Independent
			 financially from any MTC Marijuana Establishment or Licensee; and
(d) Qualified to test Marijuana and Marijuana
			 Products, including MIPs, in compliance with M.G.L. c. 94C, § 34; M.G.L c.
			 94G, § 15;
			 935 CMR
			 500.000;
			 935 CMR
			 501.000:
Medical Use of Marijuana
;
			 and Commission protocol(s).
Individual Order
means a delineated
				amount of Finished Marijuana Products to be delivered by a Delivery Licensee or
				a Marijuana Establishment with a Delivery Endorsement to an individual Consumer
				and as permitted, a Marijuana Courier to a Patient or Caregiver, and not to
				exceed the individual possession amount limits as determined by statute.
Inducement
means money or any other
				thing of substantial value intended to persuade or influence a person or entity
				to take an action or refrain from taking an action.
Informed Consent
means the consent
				obtained by a Research Licensee from potential participants in a research
				project that explains to potential participants the risks and potential
				benefits of a study, and the rights and responsibilities of the parties
				involved.
Informed Consent Form
means the
				document provided to potential participants in a research project that explains
				to potential participants the risks and potential benefits of a study, and the
				rights and responsibilities of the parties involved.
Institutional Caregiver
means an
				employee of a hospice program, long-term care facility, or hospital providing
				care to a Registered Qualifying Patient on the Premises of a long-term care
				facility, hospital or through a hospice program.
Institutional Review Board
means a
				specifically constituted administrative body established or designated by a
				Marijuana Research Facility Licensee to review and oversee the design and
				methods of a research project and, where human or animal subject are a
				component of the research, to protect the rights and welfare of persons
				recruited to participate in research.
Known Allergen
means milk, egg, fish,
				crustacean shellfish, tree nuts, wheat, peanuts, and soybeans, or such other
				allergen identified by the U.S. Food and Drug Administration (FDA).
Laboratory Agent
means an employee of
				an Independent Testing Laboratory registered in accordance with
				935
				CMR 500.029, who transports, possesses or
				tests Cannabis or Marijuana in compliance with
				935 CMR
				500.000.
Law Enforcement Authorities
means
				local law enforcement including, but not limited to, the local police and fire
				departments within the municipality where the Licensee is sited, unless
				otherwise indicated.
License
means the certificate issued
				by the Commission that confirms that a Marijuana Establishment or an
				Independent Testing Laboratory has met all applicable requirements pursuant to
				St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, and
				935 CMR
				500.000. A Marijuana Establishment or Independent
				Testing Laboratory may hold a provisional or final License.
License Applicant
means a person or
				entity pursuing a license to operate a Marijuana Establishment or MTC who has
				submitted or intends to submit a license application to the Commission. A
				License Applicant may also be considered a prospective Marijuana
				Establishment.
Licensee
means a person or entity on
				the application and licensed by the Commission to operate a Marijuana
				Establishment or Independent Testing Laboratory under St. 2016, c. 334, as
				amended by St. 2017, c. 55, M.G.L. c. 94G, and
				935 CMR
				500.000. Any person or entity that solely provides
				initial capital to establish or operate the establishment and to whom, in
				return for the initial capital, requires only repayment of the loan and does
				not have any ownership or direct or indirect authority to control the Marijuana
				Establishment or Independent Testing Laboratory, will not be a Licensee.
Life-limiting Illness
means a
				Debilitating Medical Condition that does not respond to curative treatments,
				where reasonable estimates of prognosis suggest death may occur within two
				years.
Lighting Power Density (HLPD)
means a
				measure of total watts of Horticultural Lighting Equipment per total
				Horticulture Lighting Square Footage, (HLE / HLSF = HLPD) expressed as number
				of watts per square foot.
Limitation on Sales
means a limitation
				on the sales of Marijuana or Marijuana Products by a Marijuana Establishment
				Licensee or Registrant arising from the regulations and until substantial
				compliance by a Licensee or Registrant with a law, regulation, guidance or
				other requirement for licensure or registration.
Limited Access Area
means an indoor or
				outdoor area on the Premises of a Marijuana Establishment where Marijuana or
				Marijuana Products, or their byproducts are cultivated, stored, weighed,
				packaged, Processed, or disposed, under the control of a Marijuana
				Establishment, with access limited to only those Marijuana Establishment or
				Laboratory Agents designated by the Establishment after receipt of a Final
				License.
Local Approval Process
means the steps
				required by a Host Community in order for a License Applicant to operate as an
				ME or MTC in the Host Community, including, but not limited to, zoning, all
				associated fees, deadlines, and meeting schedules for local bodies involved in
				such processes.
Local Authorities
means local
				municipal authorities, unless otherwise indicated.
Manufacture
means to compound, blend,
				extract, infuse or otherwise make or prepare a Marijuana Product.
Marijuana (or Cannabis)
means all
				parts of any plant of the
genus
Cannabis, not excepted in
				935
				CMR 500.002(a) through (c)
				and whether growing or not; the seeds thereof; and resin extracted from any
				part of the plant; Clones of the plant; and every compound, manufacture, salt,
				derivative, mixture or preparation of the plant, its seeds or resin, including
				tetrahydrocannabinol as defined in M.G.L. c. 94G, § 1; provided that
				Cannabis shall not include:
(a) The
			 mature stalks of the plant, fiber produced from the stalks, oil, or cake made
			 from the seeds of the plant, any other compound, manufacture, salt, derivative,
			 mixture or preparation of the mature stalks, fiber, oil, or cake made from the
			 seeds of the plant or the sterilized seed of the plant that is incapable of
			 germination;
(b) Hemp; or
(c) The weight of any other ingredient
			 combined with Cannabis or Marijuana to prepare topical or oral administrations,
			 food, drink or other products.
Marijuana Accessories (or Cannabis
				Accessories)
means equipment, products, devices or materials of
				any kind that are intended or designed for use in planting, Propagating,
				cultivating, growing, harvesting, Manufacturing, compounding, converting,
				producing, Processing, preparing, testing, analyzing, packaging, Repackaging,
				storing, containing, ingesting, inhaling or otherwise introducing Cannabis or
				Marijuana into the human body.
Marijuana Courier
means an entity
				licensed to deliver Finished Marijuana Products, Marijuana Accessories and
				Branded Goods directly to Consumers from a Marijuana Retailer, or directly to
				Registered Qualifying Patients or Caregivers from an MTC, but is not authorized
				to sell Marijuana or Marijuana Products directly to Consumers, Registered
				Qualifying Patients or Caregivers and is not authorized to Wholesale,
				Warehouse, Process, Repackage, or White Label. A Marijuana Courier is an
				additional license type under M.G.L. c. 94G, § 4(b)(1) that allows for
				limited delivery of Marijuana or Marijuana Products to Consumers; and shall not
				be considered to be a Marijuana Retailer under
				935
				CMR 500.002 or
				500.050 and shall be subject
				to 935 CMR
				500.050(1)(b).
Marijuana Cultivator
means an entity
				licensed to cultivate, Process and package Marijuana, and to Transfer Marijuana
				to other Marijuana Establishments, but not to Consumers. A Craft Marijuana
				Cooperative is a type of Marijuana Cultivator.
Marijuana Delivery Operator or Delivery
				Operator
means an entity licensed to purchase at Wholesale and
				Warehouse Finished Marijuana Products acquired from a Marijuana Cultivator,
				Marijuana Product Manufacturer, Microbusiness or Craft Marijuana Cooperative,
				and White Label, sell and deliver Finished Marijuana Products, Marijuana
				Accessories and Marijuana Branded Goods directly to Consumers, but is not
				authorized to Repackage Marijuana or Marijuana Products or operate a storefront
				under this license. A Delivery Operator is an additional license type under
				M.G.L. c. 94G, § 4(b)(1) that allows for limited delivery of Marijuana or
				Marijuana Products to Consumers; and shall not be considered to be a Marijuana
				Retailer under
				935
				CMR 500.002 or
				500.050 and shall be subject
				to 935 CMR
				500.050(1)(b).
Marijuana Establishment (ME)
means a
				Marijuana Cultivator (Indoor or Outdoor), Craft Marijuana Cooperative,
				Marijuana Product Manufacturer, Marijuana Microbusiness, Independent Testing
				Laboratory, Marijuana Retailer, Marijuana Transporter, Delivery Licensee,
				Marijuana Research Facility Licensee (as defined in
				935
				CMR 500.002:
Marijuana Research
				Facility Licensee)
Social Consumption Establishment (as defined in
				935
				CMR 500.002:
Social Consumption
				Establishment)
or any other type of licensed Marijuana-related
				business, except a Medical Marijuana Treatment Center (MTC).
Marijuana Establishment Agent
means
				any Owner, employee, Executive, or volunteer of a Marijuana Establishment, who
				shall be 21 years of age or older. Employee includes a consultant or contractor
				who provides on-site services to a Marijuana Establishment related to the
				cultivation, harvesting, preparation, packaging, storage, testing, or
				dispensing of Marijuana.
Marijuana Establishment Branded Good
means a merchandise item offered for sale by a Marijuana Establishment, and
				identifiable as being of a particular Marijuana Establishment, distinct from
				those of other entities, by having the Marijuana Establishment's Brand Name. A
				Marijuana Establishment Branded Good does not include Marijuana, Marijuana
				Products, or Marijuana Accessories. It may include apparel, water bottles or
				other similar non-edible merchandise.
Marijuana Establishment Entrance
means
				the entrance or entrances that provides ingress and egress to Consumers,
				Registered Qualifying Patients and Caregivers to the Marijuana
				Establishment.
Marijuana-infused Product (MIP)
means
				a Marijuana Product infused with Marijuana that is intended for use or
				consumption including, but not limited to, Edibles, ointments, aerosols, oils,
				and Tinctures. A Marijuana-infused Product (MIP), when created or sold by a
				Marijuana Establishment or an MTC, shall not be considered a food or a drug as
				defined in M.G.L. c. 94, § 1.
MIPs
are a type of
				Marijuana Product.
Marijuana Products (or Cannabis
				Products)
means Marijuana and its products, unless otherwise
				indicated. Marijuana Products includes products that have been Manufactured and
				contain Cannabis, Marijuana, or an extract from Cannabis or Marijuana,
				including concentrated forms of Marijuana and products composed of Marijuana
				and other ingredients that are intended for use or consumption, including
				Edibles, Beverages, topical products, ointments, oils and Tinctures. Marijuana
				Products include Marijuana-infused Products (MIPs) defined in
				935
				CMR 500.002.
Marijuana Product Manufacturer
means
				an entity licensed to obtain, Manufacture, Process and package Marijuana or
				Marijuana Products and to Transfer these products to other Marijuana
				Establishments, but not to Consumers.
Marijuana Regulation Fund
means the
				fund established under M.G.L. c. 94G, § 14, in which fees, fines, and
				other monies collected by the Commission are deposited, except for fees
				collected by the Commission on behalf of other state agencies.
Marijuana Research Facility
means the
				Premises at which a Marijuana Research Facility Licensee is approved to conduct
				research.
Marijuana Research Facility Licensee or Research
				Licensee
means an academic institution, nonprofit corporation or
				domestic corporation or entity authorized to do business in the Commonwealth,
				including a licensed Marijuana Establishment or MTC, that is licensed to
				conduct research.
Marijuana Retailer
means an entity
				licensed to purchase, Repackage, White Label, and transport Marijuana or
				Marijuana Product from Marijuana Establishments and to Transfer or otherwise
				Transfer this product to Marijuana Establishments and to sell to Consumers.
				Unless licensed, retailers are prohibited from offering Marijuana or Marijuana
				Products for the purposes of on-site social consumption on the Premises of a
				Marijuana Establishment.
Marijuana Transporter
means an entity,
				not otherwise licensed by the Commission, that is licensed to possess Marijuana
				Products solely for the purpose of transporting, temporary storage, sale and
				distribution to Marijuana Establishments or MTCs, but not to Consumers.
				Marijuana Transporters may be an Existing Licensee Transporter or Third-party
				Transporter.
Marijuana Vaporizer Device
means a
				product containing concentrated marijuana oil that is converted into inhalable
				marijuana aerosolized vapors.
Massachusetts Resident
means a person
				whose primary Residence is in Massachusetts.
Medical Marijuana Treatment Center (MTC), (formerly
				known as a Registered Marijuana Dispensary (RMD))
, means an entity
				licensed under
				935
				CMR 501.101:
Application
				Requirements
that acquires, cultivates, possesses, Processes
				(including development of related products such as Edibles, MIPs, Tinctures,
				aerosols, oils, or ointments), Repackages, transports, sells, distributes,
				delivers, dispenses, or administers Marijuana, products containing Marijuana,
				related supplies, or educational materials to Registered Qualifying Patients or
				their Personal Caregivers for medical use. Unless otherwise specified, MTC
				refers to the site(s) of dispensing, cultivation, and preparation of Marijuana
				for medical use.
Medical-use Marijuana (or Medical-use
				Cannabis)
means Marijuana that is cultivated, Processed,
				Transferred, tested or sold in compliance with M.G.L. c. 94I, and
				935 CMR
				501.000:
Medical Use of
				Marijuana
.
Medical-use Marijuana
or
Marijuana Products
means Marijuana Products that are
				Manufactured, Transferred, tested or sold in compliance with M.G.L. c. 94I, and
				935 CMR
				501.000:
Medical Use of
				Marijuana
.
Member
means a member of a nonprofit
				entity incorporated pursuant to M.G.L. c. 180.
Microbusiness
means an entity that can
				be either a Tier 1 Marijuana Cultivator or Marijuana Product Manufacturer or
				both, in compliance with the operating procedures for each License and, if in
				receipt of a Delivery Endorsement issued by the Commission, may deliver
				Marijuana or Marijuana Products produced at the licensed location directly to
				Consumers in compliance with established regulatory requirements for retail
				sale as it relates to delivery. A Microbusiness that is a Marijuana Product
				Manufacturer may purchase no more than 2,000 pounds of Marijuana per year from
				other Marijuana Establishments for the purpose of Marijuana Product
				manufacturing by the Licensee.
Model Host Community Agreement
means a
				template published by the Commission to illustrate a compliant Host Community
				Agreement. Host Community Agreements that conform to the model Host Community
				Agreement are presumed compliant and must be executed by the parties.
Mother Plant
means a marijuana plant
				that is grown or maintained for the purpose of generating Clones, and that will
				not be used to produce plant material for sale to another Marijuana
				Establishment or Medical Marijuana Treatment Center.
MTC Agent
means any Owner, employee,
				Executive, or volunteer of an MTC, who shall be 21 years of age or older.
				Employee includes a consultant or contractor who provides on-site services to
				an MTC related to the cultivation, harvesting, preparation, packaging, storage,
				testing, or dispensing of Marijuana or Marijuana Products for medical
				purposes.
MTC Priority Applicant
means a Medical
				Marijuana Treatment Center (MTC) (previously, Registered Marijuana Dispensary
				(RMD)) certified by the Commission as an MTC Priority Applicant in 2018 upon
				demonstrating that it had at least a provisional Certification of Registration
				prior to April 1, 2018. This applicant has priority for the purposes of the
				review of its license application.
Mycotoxin
means a secondary metabolite
				of a microfungus that is capable of causing death or illness in humans and
				other animals. For purposes of
				935 CMR
				500.000, and
				501.000:
Medical
				Use of Marijuana
, Mycotoxin shall include aflatoxin B1, aflatoxin B2,
				aflatoxin G1, aflatoxin G2, and ochratoxin A.
Order to Show Cause
means an order
				issued by the Commission or Commission Delegee on a determination that there
				are grounds to suspend or revoke a License or registration.
Other Jurisdiction
means the United
				States, another state, or foreign jurisdiction, or a military, territorial or
				Native American tribal authority.
Outdoor Cultivation
means the
				cultivation of mature Cannabis without the use of artificial lighting in the
				Canopy area at any point in time. Artificial lighting is permissible only to
				maintain Immature or Vegetative Mother Plants.
Owner
means any Equity Holder that
				possesses 10% equity or more in a Marijuana Establishment, MTC or Independent
				Testing Laboratory.
Panic Alarm
means an audible security
				alarm signal generated by the manual activation of a device that signals a life
				threatening or emergency situation and calls for a law enforcement
				response.
Paraphernalia
means "drug
				paraphernalia" as defined in M.G.L. c. 94C, § 1.
Patient Registration Card
means a
				temporary or an annual Registration Card currently and validly issued by the
				Commission to a Registered Qualifying Patient. The Patient Registration Card
				facilitates verification of an individual Registrant's status including, but
				not limited to, identification by the Commission and Law Enforcement
				Authorities, of those individuals who are exempt from Massachusetts criminal
				and civil penalties under M.G.L. c. 94I, and
				935 CMR
				501.000:
Medical Use of Marijuana
through Commission-supported databases. A Temporary Patient Registration issued
				to a Qualifying Patient shall be deemed a Registration Card.
Person
means an individual or entity
				under the laws of the Commonwealth.
Personal Caregiver
means a person,
				registered by the Commission, who shall be 21 years of age or older, who has
				agreed to assist with a Registered Qualifying Patient's medical use of
				Marijuana, and is not the Registered Qualifying Patient's Certifying Healthcare
				Provider. A visiting nurse, personal care attendant, or home health aide
				providing care to a Registered Qualifying Patient may serve as a Personal
				Caregiver, including as a second Personal Caregiver to patients younger than 18
				years old.
Personal Caregiver Registration Card
means a temporary or an annual Registration Card currently and validly issued
				by the Commission to a Personal Caregiver. The Registration Card allows access
				into Commission supported databases. The Registration Card facilitates
				verification of an individual Registrant's status including, but not limited
				to, identification by the Commission and Law Enforcement Authorities of those
				individuals who are exempt from Massachusetts criminal and civil penalties
				under M.G.L. c. 94I, and
				935 CMR
				501.000:
Medical Use of Marijuana.
A
				temporary registration issued to a Personal Caregiver shall be deemed a
				Registration Card.
Person or Entity Having Direct Control
means any person or entity having direct control over the operations of a
				Marijuana Establishment, which satisfies one or more of the following
				criteria:
(a) An Owner that possesses
			 a financial interest in the form of equity of 10% or greater in a Marijuana
			 Establishment;
(b) A Person or
			 Entity that possesses a voting interest of 10% or greater in a Marijuana
			 Establishment or a right to veto significant events;
(c) A Close Associate;
(d) A Person or Entity that has the right to
			 control or authority, through contract or otherwise including, but not limited
			 to:
1. To make decisions regarding operations
			 and strategic planning, capital allocations, acquisitions and
			 divestments;
2. To appoint more
			 than 50% of the directors or their equivalent;
3. To appoint or remove Corporate-level
			 officers or their equivalent;
4. To
			 make major marketing, production, and financial decisions;
5. To execute significant (in aggregate of
			 $10,000 or greater) or exclusive contracts; or
6. To earn 10% or more of the profits or
			 collect more than 10% of the dividends.
(e) A Court Appointee or assignee pursuant to
			 an agreement for a general assignment or Assignment for the Benefit of
			 Creditors; or
(f) A Third-party
			 Technology Platform Provider that possesses any financial interest in a
			 Delivery Licensee including, but not limited to, a Delivery Agreement or other
			 agreement for services.
Person or Entity Having Indirect
				Control
means any person or entity having indirect control over
				operations of a Marijuana Establishment. It specifically includes any Person or
				Entity Having Direct Control over an indirect holding or parent company of the
				applicant, and the chief executive officer and executive director of those
				companies, or any person or entity in a position indirectly to control the
				decision-making of a Marijuana Establishment.
Pesticide
means a substance or mixture
				of substances intended for preventing, destroying, repelling, or mitigating any
				pest, and any substance or mixture of substances intended for use as a plant
				regulator, defoliant, or desiccant; provided that Pesticide shall not include
				any article that is a "new animal drug" within the meaning of § 201(v) of
				the Federal Food, Drug and Cosmetic Act (21 U.S.C. §
											321(v)), or that has been
				determined by the Secretary of the United States Department of Health and Human
				Services not to be a new animal drug by a regulation establishing conditions of
				use for the article, or that is an animal feed within the meaning of §
				201(w) of such act (21
				U.S.C. §
											321(w)).
Preapproved Court Appointee
means a
				person or entity preapproved by the Commission pursuant to
				935
				CMR 500.104(3)(c) to serve
				as a Court Appointee over a Licensee or its delegee which may be recommended to
				a court of competent jurisdiction.
Pre-certification Application
means an
				application reviewed by the Commission for pre-certification prior to
				provisional licensure. The Pre-certification Application may be available in a
				form and manner determined by the Commission.
Pre-verification
means the process of
				a Marijuana Establishment examining the identification presented by an
				individual Consumer to confirm that the identification is valid and matches the
				individual presenting it and collecting the information required by
				935 CMR
				500.000 prior to that Consumer being able to receive
				deliveries of Marijuana or Marijuana Products to the Consumer's Residence. A
				Marijuana Establishment may not acquire or record personal information about
				Consumers other than information typically required in a retail
				transaction.
Pre-verification
or
Verification of Eligibility as a Social Equity
				Business
means the process through which the Commission confirms
				whether an applicant is a Social Equity Business.
Premises
means any indoor or outdoor
				location over which a Marijuana Establishment or Independent Testing Laboratory
				or its agents may lawfully exert substantial supervision or control over entry
				or access to the property or the conduct of persons.
Priority Applicant
means an MTC
				Priority Applicant (formerly a Registered Marijuana Dispensary or RMD Priority
				Applicant) or an Economic Empowerment Priority Applicant.
Process
or
Processing
means to harvest, dry, cure, trim and
				separate parts of the Cannabis or Marijuana plant by manual or mechanical
				means, except it shall not include Manufacture as defined in
				935
				CMR 500.002.
Product Database
means a
				Commission-operated technology platform displaying information about Marijuana
				Products produced by licensed Marijuana Product Manufacturers and sold by a
				licensed Marijuana Retailer or Delivery Operator pursuant to
				935 CMR
				500.000 or an MTC pursuant to
				935 CMR
				501.000:
Medical Use of
				Marijuana
.
Production Area
means a Limited Access
				Area within the Marijuana Establishment where Cannabis or Marijuana is handled
				or produced in preparation for sale.
Production Batch
means a batch of
				finished plant material, Cannabis resin, Cannabis concentrate, or
				Marijuana-infused Product made at the same time, using the same methods,
				equipment and ingredients. The Licensee shall assign and record a unique,
				sequential alphanumeric identifier to each Production Batch for the purposes of
				production tracking, product labeling and product recalls. All Production
				Batches shall be traceable to one or more Cannabis or Marijuana Cultivation
				Batches.
Program Transfer
means the transfer of
				the medical use of Marijuana program pursuant to St. 2017, c. 55, §§
				64 through 71, and 82, and M.G.L. c. 94I.
Propagation
means the reproduction of
				Cannabis or Marijuana plants by seeds, cuttings, or grafting.
Protected Patient Records
means any
				document, record or electronic or written communication related to their care
				provided by a medical-use Marijuana Licensee or establishment or by a
				Certifying Healthcare Provider that is required to be confidential or protected
				from disclosure by law.
Provisional Marijuana Establishment
				License
means a License issued by the Commission confirming that a
				Marijuana Establishment has completed the application process and satisfied the
				qualifications for initial licensure.
Qualifying Patient
means:
(i) a Massachusetts Resident or a
			 non-Massachusetts Resident receiving end-of-life or palliative care or cancer
			 treatment in Massachusetts as determined by a Certifying Healthcare Provider,
			 who is 18 years of age or older who has been diagnosed by a Certifying
			 Healthcare Provider as having a Debilitating Medical Condition; or
(ii) a Massachusetts Resident, or a
			 non-Massachusetts Resident receiving end-of-life or palliative care or cancer
			 treatment in Massachusetts as determined by a Certifying Healthcare Provider,
			 who is younger than 18 years old who has been diagnosed by two Massachusetts
			 licensed Certifying Physicians, at least one of whom is a board-certified
			 pediatrician, pediatric subspecialist, oncologist, neurologist, or family
			 physician as having a Debilitating Medical Condition that is also a
			 Life-limiting Illness, subject to
			 935
			 CMR 501.010(11).
Quality Control Sample
means a sample
				of Marijuana or Marijuana Product developed by a Marijuana Cultivator, a
				Marijuana Product Manufacturer, a Microbusiness, or a Craft Marijuana
				Cooperative that is provided internally to employees for purposes of ensuring
				product quality and making determinations about whether to sell the Marijuana
				or Marijuana Product.
Quarantine Order
means an order to
				quarantine or otherwise restrict the sales or use of Marijuana, Marijuana
				Products, or MIPs by a Licensee or Registrant to protect the public health,
				safety, or welfare.
Reasonably Related
means a
				demonstrable nexus between the actual operations of a Marijuana Establishment
				or MTC and an enhanced need for a Host Community's goods or services in order
				to offset the impact of operations. Fees customarily imposed on other
				non-marijuana businesses operating in a Host Community shall not be considered
				Reasonably Related.
Registered Qualifying Patient
means a
				Qualifying Patient who is currently and validly issued a temporary or an annual
				Registration Card by the Commission.
Registrant
means the holder of a
				Registration Card currently and validly registered with the Commission.
Registration Card
means an
				identification card currently and validly issued by the Commission, to a
				Registered Qualifying Patient, Personal Caregiver, Institutional Caregiver,
				Marijuana Establishment or Laboratory Agent. The Registration Card allows
				access into Commission supported databases. The Registration Card facilitates
				verification of an individual Registrant's status including, but not limited
				to, the identification by the Commission and Law Enforcement Authorities of
				those individuals who are exempt from Massachusetts criminal and civil
				penalties under St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94I,
				and 935 CMR
				501.000:
Medical Use of
				Marijuana
.
Removal of Product
means an order
				issued against a Marijuana Establishment to remove and prohibit sales of
				categories of products, product types, specific product types or specific
				brands of products after notice and on a determination that the Marijuana or
				Marijuana Product poses a substantial risk to the public health, safety or
				welfare including, but not limited to, when the product is especially appealing
				to persons younger than 21 years old.
Repackage
means to uniformly wrap or
				seal Marijuana that has already been wrapped or sealed, into a ready-made
				product for retail sale, without combining, infusing, or changing the chemical
				composition of the Marijuana.
Research Permit
means a certificate
				indicating Commission approval to conduct a specified research project over a
				specified and finite period. To the extent that a Research Licensee is subject
				to other IRB, institutional, industry, or professional standards, they shall
				demonstrate compliance with those standards.
Residence
means a house, condominium
				or apartment, and excludes, unless otherwise authorized by law, dormitories or
				other on-campus college or university housing; bed-and-breakfast
				establishments, hotels, motels or other commercial hospitality operations; and
				federal public housing identified at
https://resources.hud.gov/
, shelters
				or residential programs.
Residual Solvent
means a volatile
				organic chemical used in the Manufacture of a Marijuana Product that is not
				completely removed by practical manufacturing techniques.
Responsible Vendor
means a Marijuana
				Establishment that the Commission has determined to have completed the initial
				training requirements and has maintained its training requirement under
				935
				CMR 500.105(2).
Responsible Vendor Trainer
means an
				independent business entity certified by the Commission to provide Responsible
				Vendor Training Program courses. No owner, manager, or employee of a
				Responsible Vendor Trainer may be a Person or Entity Having Direct or Indirect
				Control of a Marijuana Establishment.
Responsible Vendor Training (RVT)
				Program
means a mandatory program that provides training courses
				taught by a Responsible Vendor Trainer for Marijuana Establishment Agents in
				order to satisfy the minimum training hours required under
				935
				CMR 500.105(2).
School Entrance
means the entrance(s)
				that provide ingress and egress to students of the preexisting public or
				private or private school providing education in kindergarten or any grades 1
				through 12 at the time of the newspaper publication of the proposed Marijuana
				Establishment's community outreach meeting under
				935
				CMR
				500.101(1)(a)9.a..
SDO
means the Supplier Diversity
				Office of the Massachusetts Operational Services Division (OSD).
Second Confirmatory Test
means a
				second full panel of tests performed for reanalysis of a sample of Marijuana or
				Marijuana Products that failed an initial test for contaminants.
Seed-to-sale Electronic Tracking
				System
means a system designated by the Commission as the system
				of record (Seed-to-sale SOR) or a secondary electronic tracking system used by
				a Marijuana Establishment or an MTC or an Independent Testing Laboratory. This
				system shall capture everything that happens to an individual Marijuana plant,
				from seed and cultivation, through growth, harvest and Manufacture of Marijuana
				Products and MIPs, including transportation, if any, to final sale of finished
				products. Seed-to-sale Electronic Tracking System shall utilize a unique-plant
				identification and unique-batch identification. It will also be able to track
				agents' and Registrants' involvement with the Marijuana Product. Any secondary
				system used by the Marijuana Establishment or an MTC or an Independent Testing
				Laboratory shall integrate with the SOR in a form and manner determined by the
				Commission.
Seed-to-sale System of Record (Seed-to-sale
				SOR)
means the electronic tracking system designated and required
				by the Commission to perform a process.
Shelf-stable
means able to be safely
				stored at room temperature in a sealed container. Shelf-stable does not include
				"Time/Temperature Controlled for Safety Food" as it is defined under
				105
				CMR 590.001(A):
Adoption of 2013 Food Code
.
Small Business
means, for the purposes
				of 935 CMR 500.005(1)(b), an
				applicant or Licensee that (a) currently employs a combined total of 50 or
				fewer full-time equivalent employees in all locations or employees work less
				than a combined total of 2,600 hours per quarter; and (b) has gross revenues of
				$5 million or less, as reported to the Massachusetts Department of Revenue the
				year prior to the date of the Licensee's renewal application or as otherwise
				demonstrated in a form and manner determined by the Commission.
Social Consumption Establishment
means
				an entity licensed to sell Marijuana or Marijuana Products and allow Consumers
				to consume Marijuana or Marijuana Products solely on its Premises.
Social Equity Business (SEB)
means a
				Marijuana Establishment comprised of at least 51% (majority) ownership of
				individuals who are Social Equity Program Participants, or who have been
				certified as meeting the Commission's criteria for designation as an Economic
				Empowerment Priority Applicant, or both.
Social Equity Program Participant
means an individual who qualified to participate in the Social Equity Program
				and is designated as a program participant by the Commission.
Substantial Modification
means a
				material change to a term of a contract that a reasonable person would
				understand alters the relationship between the parties. A Substantial
				Modification shall include, but is not limited to, shifting responsibility for
				the performance of a contract term or increasing or decreasing the amount of
				consideration being paid for performance of the contract above an amount that
				is
de minimis
.
Summary Suspension
means the
				suspension of any License or registration issued under
				935 CMR
				500.000, and the cessation of all operations in order
				to protect the public health, safety and welfare.
Temporary Patient Registration
means
				an interim registration document for patients and their Personal Caregivers
				generated automatically upon the Commission's receipt of a Certifying
				Healthcare Provider's Electronic Certification. The temporary registration
				document shall constitute a Registration Card for patients and their Personal
				Caregivers to access an MTC. Temporary registration shall expire 14 days after
				the Commission issues the Registration Card or on the issuance and receipt of
				an annual Registration Card, whichever occurs first.
Third-party Technology Platform
				Provider
means an individual or entity that provides or hosts an
				internet-based application or group of applications developed for the
				facilitation of ordering and delivering Finished Marijuana Products, Marijuana
				Accessories and Branded Goods for sale or delivery by a Marijuana Retailer,
				Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement to a
				Consumer. A proprietary application developed by a Licensee exclusively for
				that Licensee's use shall not be considered to be a Third-party Technology
				Platform Provider. A Third-party Technology Platform Provider may not be an
				investor in a Delivery Licensee.
Tincture
means a Cannabis-infused
				alcohol or oils concentrate administered orally in small amounts using a
				dropper or measuring spoon. Tinctures are not considered an Edibles under
				935 CMR
				500.000 and are not subject to the dosing limitations
				applicable to Edibles.
Transfer
means the sale of Marijuana
				or Marijuana Products from a Marijuana Establishment to a separate Marijuana
				Establishment, Independent Testing Laboratory or MTC (but not to Consumers)
				subject to entry of the transaction in the Commission's Seed-to-sale
				SOR.
United States (U.S.)
means the United
				States of America.
Unreasonably Impracticable
means that
				the measures necessary to comply with the regulations, ordinances or bylaws
				adopted pursuant to 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, or
				501.000:
Medical
				Use of Marijuana
subject Licensees to unreasonable risk or require
				such a high investment of risk, money, time or any other resource or asset that
				a reasonably prudent businessperson would not operate a Marijuana
				Establishment.
Usable Marijuana
means the fresh or
				dried leaves and flowers of the female Marijuana plant and any mixture or
				preparation thereof, including Marijuana, Marijuana Products or MIPs, but does
				not include the seedlings, seeds, stalks, roots of the plant, or Marijuana
				rendered unusable in accordance with
				935
				CMR 500.105(12)(c).
Vault
means a secured, limited access
				storage room within a Marijuana Establishment that is outfitted with adequate
				security features for the purposes of storing Marijuana or Marijuana Products
				or cash. A vault must be adequately sized to store inventory that is not being
				actively handled for purposes of dispensing, packaging, processing or
				transportation.
Vegetation
means the sporophytic state
				of the Cannabis or Marijuana plant, which is a form of asexual reproduction in
				plants during which plants do not produce resin or flowers and are bulking up
				to a desired production size for Flowering.
Vegetative Plant
means a plant in a
				stage of Vegetation.
Vendor Sample
means a sample of
				Marijuana or Marijuana Product developed by a Marijuana Cultivator or a
				Marijuana Product Manufacturer licensed under the provisions of
				935 CMR
				500.000 that is provided to a Marijuana Product
				Manufacturer, a Marijuana Retailer or a Delivery Operator to promote product
				awareness.
Verified Financial Hardship
means that
				an individual is a recipient of MassHealth, or Supplemental Security Income, or
				the individual's income does not exceed 300% of the federal poverty level,
				adjusted for family size.
Veteran
means a person who served in
				the active military, naval air, or space service of the United States and who
				was discharged or released under conditions other than dishonorable.
Visitor
means an individual, other
				than a Marijuana Establishment Agent or Laboratory Agent, authorized by the
				Marijuana Establishment or Independent Testing Laboratory to be on the Premises
				of an Establishment for a purpose related to its operations and consistent with
				the objectives of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c.
				94G, and
				935 CMR
				500.000; provided, however, that no such individual
				shall be younger than 21 years old.
Visitor Identification Badge
means a
				badge issued by an MTC, Marijuana Establishment or the Commission to be used at
				all times while on the Premises of a Marijuana Establishment or an MTC or
				Independent Testing Laboratory. These identification badges shall be issued in
				a form and manner determined by the Commission.
Waiver of Consent
means the document
				signed by potential participants or the legal guardians of potential
				participants that waives one or more elements of consent.
Warehouse
means an indoor structure or
				a portion of the structure on the Licensee's Premises used by a Marijuana
				Establishment for the onsite storage of Marijuana and Marijuana Products in
				compliance with the regulatory requirements of
				935 CMR
				500.000, including the requirements for security,
				storage and disposal. For Delivery Operators, the location of the Warehouse
				shall be the Licensee's principle place of business in the host
				community.
Warehousing
means the on-site storage
				of Marijuana and Marijuana Products that have been purchased at wholesale for
				eventual resale.
White Labeling
means to affix a
				product label that includes the branding, including the name and logo, of a
				specific Marijuana Establishment Licensee to a Finished Marijuana Product that
				was previously produced and packaged by a licensed Product Manufacturer,
				Cultivator, Microbusiness or Craft Marijuana Cooperative for sale to Consumers.
				Vaporizer Devices shall not be white labeled. White labeled products shall be
				required to comply with
				935
				CMR 500.105(5), and (6),
				935
				CMR 500.130(6) and
				935
				CMR 500.146(7).
Wholesale
means the Transfer of
				Marijuana or Marijuana Product between Marijuana Establishments.
Wholesale Agreement
means a contract
				between Marijuana Establishments defining the terms of Transfer of Marijuana or
				Marijuana Products between the Marijuana Establishments.
Written Certification
means a form
				submitted to the Commission by a Massachusetts licensed Certifying Healthcare
				Provider describing the Qualifying Patient's pertinent symptoms, specifying the
				patient's Debilitating Medical Condition, and stating that in the physician's
				professional opinion the potential benefits of the medical use of Marijuana
				would likely outweigh the health risks for the patient.
14-day Supply
means that amount of
				Marijuana, or equivalent amount of Marijuana in MIPs, that a Registered
				Qualifying Patient would reasonably be expected to need over a period of 14
				calendar days for the Patient's personal medical use, which is 2.5 ounces,
				subject to
				935
				CMR 501.010(10), unless
				otherwise determined by a Certifying Healthcare Provider.
60-day Supply
means that amount of
				Marijuana, or equivalent amount of Marijuana in MIPs, that a Registered
				Qualifying Patient would reasonably be expected to need over a period of 60
				calendar days for his or her personal medical use, which is ten ounces, subject
				to 935 CMR
				501.010(10), unless
				otherwise determined by a Certifying Healthcare
				Provider.