Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.803 - Suitability Standard for Registration as a Laboratory Agent

Current through Register 1525, July 5, 2024
(1)
								935
			 CMR 500.803 shall apply to Laboratory Agents
			 in their capacity as employees or volunteers for an Independent Testing
			 Laboratory licensed pursuant to
			 935
			 CMR 500.029 and shall be used by the
			 Independent Testing Laboratory Executive registered with the DCJIS pursuant to
			 803
			 CMR 2.04:
iCORI Registration
and the Commission for purposes of determining suitability for registration as
			 a Laboratory Agent with the Licensee.
(2) In accordance with M.G.L. c. 94G, §
			 15(b)(5), the Commission is prohibited from issuing a registration to a
			 Laboratory Agent who has been convicted of a felony drug offense in the
			 Commonwealth or Other Jurisdictions that would be a felony drug offense in the
			 Commonwealth.
(3) For purposes of
			 determining suitability based on background checks performed in accordance with
			 935
			 CMR 500.803:
(a) All conditions, offenses, and violations
			 are construed to include Massachusetts law or similar law(s) of Other
			 Jurisdictions.
(b) All criminal
			 disqualifying conditions, offenses, and violations include the crimes of
			 attempt, accessory, conspiracy, and solicitation.
(c) Juvenile dispositions shall not be
			 considered as a factor for determining suitability.
(d) Where applicable, all look back periods
			 for criminal conditions, offenses, and violations included in
			 935
			 CMR 500.803:
Table E
commence on the date of disposition; provided however, that if disposition
			 results in incarceration in any institution, the look back period shall
			 commence on release from incarceration.
(e) Unless otherwise specified in
			 935
			 CMR 500.803:
Table E
, a
			 criminal condition, offense or violation shall include both convictions, which
			 include guilty pleas and pleas of
nolo contendere
, and
			 dispositions resulting in continuances without a finding or other disposition
			 constituting an admission to sufficient facts, but shall exclude other
			 non-conviction dispositions.
(f)
			 All suitability determinations will be made in accordance with the procedures
			 set forth in
			 935
			 CMR 500.800. In addition to the requirements
			 established in
			 935
			 CMR 500.800: shall:
1. Consider whether offense(s) or information
			 that would result in a Presumptive Negative Suitability Determination under
			 935
			 CMR 500.803:
Table E
renders
			 the subject unsuitable for registration, regardless of the determination of the
			 Licensee; and
2. Consider appeals
			 of determinations of unsuitability based on claims of erroneous information
			 received as part of the background check during the application process in
			 accordance with
			 803
			 CMR 2.17:
Requirement to Maintain a
			 Secondary Dissemination Log
and
			 803
			 CMR 2.18:
Adverse Employment Decision
			 Based on CORI or Other Types of Criminal History Information Received from a
			 Source Other than the DCJIS
.
Table E:
Registration as a Laboratory
				Agent
. Applies solely to applicants for registration as a
				Laboratory Agent in accordance with
				935
				CMR 500.803 at Marijuana Establishment
				licensed pursuant to
				935
				CMR 500.050.
Time
							 Period
Precipitating
							 Issue
Result
Present (during time from start of application
							 process through action on application or renewal).
Open/Unresolved Criminal
							 Proceedings
:
Any outstanding or unresolved criminal proceeding,
							 the disposition of which may result in a felony conviction under the laws of
							 the Commonwealth or a similar law in Other Jurisdictions.
Mandatory
Disqualification
Present
Open/Unresolved Marijuana Business-Related
							 License Violations (Massachusetts or Other Jurisdictions)
:
An outstanding or unresolved violation of the
							 regulations as included in
							 935 CMR
							 500.000 or a similar statute or regulations in Other
							 Jurisdictions that has either (a) remained unresolved for a period of six
							 months or more; or (b) the nature of which would result in a determination of
							 unsuitability for registration.
Present
Submission of False or Misleading Information
							 to the Commission Including, but Not Limited to
:
Submission of information in connection with an agent
							 application, waiver request or other Commission action 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; or making statements during or
							 in connection with a Commission inspection or investigation that are deceptive,
							 misleading, false or fraudulent, or that tend to deceive or create a misleading
							 impression, whether directly, or by omission or ambiguity, including lack of
							 disclosure or insufficient disclosure; or
Presumptive Negative Suitability
							 Determination
Present
Open Professional or Occupational License
							 Cases
Mandatory Disqualification
Indefinite
Felony Convictions in Massachusetts or Other
							 Jurisdictions
:
For drug offenses or trafficking crimes under M.G.L.
							 c. 94C, § 32E, or like crimes in Other Jurisdictions.
Mandatory Disqualification
Preceding Five Years
Felony Convictions or CWOF in Massachusetts or
							 Other Jurisdictions
:
For crimes of violence against a person, "violent
							 crime" to be defined the same way as under M.G.L. c. 140, § 121 and M.G.L.
							 c. 127, § 133E.
Presumptive Negative Suitability
							 Determination
Preceding Seven Years
Felony Convictions or CWOF in Massachusetts or
							 Other Jurisdictions
:
For crimes of dishonesty or fraud.
Presumptive Negative Suitability
							 Determination
Preceding Five Years
The applicant's or Licensee's prior actions posed or
							 would likely pose a risk to the public health, safety, or welfare; and the risk
							 posed by the applicant's or Licensee's actions relates or would likely relate
							 to the operation of a Marijuana Establishment.
May make a Negative Suitability Determination in
							 accordance with
							 935
							 CMR 500.800(8)