Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.002 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				935 CMR
				501.000, the following terms shall have the following
				meanings:
Administrative Hold
means a hold
				requiring temporary isolation of Marijuana, Marijuana Products, or
				Marijuana-infused Products (MIPs), 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 MTC Agents after completing the Basic Core Curriculum under
				935
				CMR 501.105(2)(b).
Advertising
means a form of marketing
				communication that employs a sponsored, nonpersonal message to sell or promote
				an MTC ' Brand Name, MTC 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 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 exempt from Massachusetts criminal and civil
				penalties under M.G.L. c. 94G and 94I, and
				935 CMR
				500.000:
Adult Use of Marijuana
and
				935 CMR
				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
				935
				CMR 500.040:
Leadership Rating
				Program for Marijuana Establishments
and
Marijuana-related
				Businesses
and 500.101:
Application Requirements
, 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 MTC Agents taught by a
				Responsible Vendor Trainer under
				935
				CMR 501.105(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 an MTC.
Brand Name Sponsorship
means the
				payment by an MTC in exchange for use of a Brand Name:
(a) to sponsor an athletic, musical, artistic, or other social
				or cultural event; or
(b) 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 in
				935 CMR 501.002.
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 an 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:
Adult Use of Marijuana
. 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 and a Marijuana Establishment operating under
				at least one License pursuant to
				935 CMR
				500.000:
Adult Use of Marijuana
, 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:
Adult Use of Marijuana
and
				935 CMR
				501.000.
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.
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 Licensee
means an entity that
				is 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.