reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.303 - Unannounced Purchase for Purpose of Investigative Testing (Secret Shopper Program)

Current through Register 1525, July 5, 2024
(1)
Secret Shopper Program Authorized
. The Commission or a
			 Commission Delegee may, at any time and without prior notice, authorize an
			 employee or other agent to pose as a customer and purchase any Marijuana or
			 Marijuana Products from any licensed Marijuana Establishment. The Commission or
			 a Commission Delegee may authorize such purchase for any investigative purposes
			 that are consistent with 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
			 935 CMR
			 501.000:
Medical Use of Marijuana
including, but not limited to, investigative testing for compliance with
			 laboratory testing standards and identification check requirements. The
			 purchasing employee or agent shall document the purchase, including the date,
			 time, and place of purchase, type and amount of Marijuana or Marijuana
			 Products, and any other information required by the Commission.
(2)
Custody and Preservation of
			 Purchases
. The Marijuana or Marijuana Products purchased as part
			 of the program shall be securely stored during transport in a manner to prevent
			 contamination or spoilage.
(3)
Contamination and Spoilage during Storage or
			 Transport
. Any contamination or spoilage of purchases under the
			 Secret Shopper Program during storage or transport while under the control of
			 the purchaser shall be promptly documented by the purchaser in writing and
			 reported to the Commission. The Commission or a Commission Delegee may
			 authorize the disposal of the contaminated or spoiled purchase, pursuant to
			 935
			 CMR 500.105(12).
(4)
Use of Secret Shopper
			 Investigative Results
. Results of investigations conducted under
			 Secret Shopper Program shall be promptly submitted to the Commission.
(a) All investigative results shall be
			 retained as part of the records for the licensed Marijuana Establishment from
			 which the purchase originated.
(b)
			 The Marijuana Establishment may be notified of any investigative results
			 determined to be noncompliant at a time and manner determined by the
			 Commission.
(c) After the Marijuana
			 Establishment is notified of the investigative results, such results may be
			 used by the Commission to take action on the License of the Marijuana
			 Establishment pursuant to
			 935
			 CMR 500.340,
			 500.450 and
			 500.500, or assess fines or
			 other civil penalties pursuant to
			 935
			 CMR 500.360.
(d) Without notice to the Marijuana
			 Establishment, the Commission may share such investigative results with any
			 other law enforcement or regulatory authorities.
(e) The Commission may elect to conduct
			 further evaluation of the investigative results at any time for verification or
			 for other purposes reasonably related to sanitation, public health or public
			 safety.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.310 - Deficiency Statements

Current through Register 1525, July 5, 2024
After an inspection in which a violation of 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
				935 CMR
				501.000:
Medical Use of Marijuana
is
				observed or a violation is otherwise determined to have occurred, the
				Commission shall issue a deficiency statement citing every violation
				identified, a copy of which shall be left with or sent to the Marijuana
				Establishment or Host Community.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.320 - Plans of Correction

Current through Register 1525, July 5, 2024
(1) A Marijuana
			 Establishment or Host Community shall submit to the Commission a written plan
			 of correction for any violations cited in the deficiency statement issued
			 pursuant to
			 935
			 CMR 500.310, within ten business days after
			 receipt of the statement.
(2) A
			 plan shall state, with respect to each deficiency, the specific corrective
			 step(s) to be taken, a timetable for such steps, and the date by which
			 compliance will be achieved. The timetable and the compliance dates shall be
			 consistent with achievement of compliance in the most expeditious manner
			 possible.
(3) The Commission shall
			 review the plan of correction and shall notify the Marijuana Establishment or
			 Host Community of either the acceptance or rejection of the plan or any
			 component of the plan.
(4) An
			 unacceptable plan shall be amended and resubmitted within five business days
			 after receipt of such notice.
(5)
			 The approval of a plan of correction shall not preclude the Commission from
			 issuing an order for further corrective action fixing a reasonable time for
			 correction of the violation, assessing an administrative fine, or taking any
			 other administrative action authorized under the Commission's
			 regulations.
(6) A Marijuana
			 Establishment or Host Community shall notify the Commission once the plan of
			 correction has been fully implemented and completed.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.330 - Limitation of Sales

Current through Register 1525, July 5, 2024
(1) If the
			 Commission or a Commission Delegee determines that a Marijuana Establishment
			 does not substantially comply with applicable provisions of St. 2016, c. 334,
			 as amended by St. 2017, c. 55, M.G.L. c. 94G, or
			 935 CMR
			 500.000, the Commission or a Commission Delegee may
			 order that the Marijuana Establishment dispose of and may not sell Marijuana or
			 Marijuana Products, after a date specified.
(2) The Commission or a Commission Delegee
			 may not make such a determination until a Marijuana Establishment has been
			 notified that the establishment does not substantially comply with applicable
			 provisions of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G,
			 or 935 CMR
			 500.000, that an order to dispose of or limit sales is
			 contemplated, and that the establishment has a reasonable opportunity to
			 correct the deficiencies.
(3) An
			 order that a Marijuana Establishment dispose of and may not sell Marijuana or
			 Marijuana Products pursuant to
			 935
			 CMR 500.330(1) may be
			 rescinded when the Commission or a Commission Delegee finds that the
			 establishment is in substantial compliance with the applicable provisions of
			 St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, or
			 935 CMR
			 500.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.335 - Removal and Prohibition of Marijuana and Marijuana Products

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 94G, § 4(a½)(xxxi), the Commission or a Commission
			 Delegee may order the removal or prohibition of sales by more than one Licensee
			 of categories of product types, of specific product types or of specific brands
			 of products after notice and a determination that Marijuana, Marijuana
			 Products, and Marijuana Accessories (for the purposes of
			 935
			 CMR 500.335"Product"), which based on
			 preliminary evidence, pose a substantial risk to the public health, safety or
			 welfare including, but not limited to, that the product is especially appealing
			 to Persons younger than 21 years old.
(a) The
			 Commission may vote to initiate a complaint about a Product and refer that
			 complaint to the Executive Director and Enforcement staff for
			 investigation.
(b) In consultation
			 with the Executive Director, Enforcement staff may conduct an investigation and
			 make a recommendation as to the Removal of Product. The recommendation shall be
			 based on credible and reliable evidence and provide a specific description of
			 the scope of removal and specify whether the removal or prohibition on sales
			 applies to one of the following:
1.
Category of Product Type(s)
. A type of Product
			 including, but not limited to, Marijuana seeds, Marijuana Clones, Marijuana
			 Edibles, Beverages, topical products, ointments, oils, Tinctures, oral dosage
			 forms or any other product identified by the Commission or a Commission
			 Delegee.
2.
Specific
			 Product Type(s)
. A specific type of Product within a category of
			 Products, but not including other types of Product within the same
			 category.
3.
Specific
			 Brand of Product(s)
. One or more specific Product types or
			 category types Manufactured by a Marijuana Product Manufacturer or a specific
			 Product type or category type Manufactured by multiple Marijuana Product
			 Manufacturers subject to an agreement including, but not limited to, a
			 partnership, product licensing, distribution, branding, Advertising, marketing
			 or sales agreement.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.340 - Quarantine Order

Current through Register 1525, July 5, 2024
(1) Pursuant to its
			 authority under M.G.L. c. 94G, § 4(a)(xix) and (a½)(Xxxxi), a
			 Quarantine Order may be imposed by the Commission or a Commission Delegee to
			 immediately quarantine or otherwise restrict the sale or use of Marijuana or
			 Marijuana Products by a Licensee or Registrant to protect the public health,
			 safety or welfare.
(2) If, based on
			 complaint(s), inspection(s), affidavit(s) or other credible evidence, the
			 Commission or a Commission Delegee determines that a Licensee or Registrant, or
			 the Marijuana or Marijuana Products cultivated, produced or sold by a Licensee
			 or Registrant pose an immediate or serious threat to the public health, safety
			 or welfare, the Commission or a Commission Delegee may issue an order to the
			 Licensee that:
(a) quarantines or otherwise
			 restricts the sale or use of Marijuana or Marijuana Products prepared by or in
			 the possession of the Licensee; or
(b) quarantines or otherwise restricts the
			 sales or use of Marijuana or Marijuana Products to the extent necessary to
			 avert a threat, pending final investigation results.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.350 - Cease and Desist Order and Summary Suspension Order

Current through Register 1525, July 5, 2024
(1) Pursuant to its authority under M.G.L. c.
			 94G, § 4(a) and (a½), a Cease and Desist Order or a Summary
			 Suspension Order may be imposed by the Commission or a Commission Delegee prior
			 to a hearing to protect the public health, safety, or welfare.
(2) If based on inspection(s), affidavit(s),
			 or other credible evidence, the Commission or a Commission Delegee determines
			 that a Licensee or Registrant or the Marijuana or Marijuana Products
			 cultivated, produced or sold by a Licensee or Registrant pose an immediate or
			 serious threat to the public health, safety or welfare, the Commission or a
			 Commission Delegee may:
(a) Issue a Cease and
			 Desist Order that requires cessation of any or all operations including, but
			 not limited to, the cultivation, product manufacturing, Transfer, sale,
			 delivery or transportation of Marijuana or Marijuana Products; or
(b) Issue a Summary Suspension Order that
			 requires the immediate suspension of a License and its associated registrations
			 and cessation of all operations.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.360 - Fines and Sanctions

Current through Register 1525, July 5, 2024
The Commission or a Commission Delegee may issue an order to a
				Licensee or a Host Community to show cause as to why a fine or other financial
				penalty against a Licensee, Registrant, or Host Community should not be imposed
				for any acts or omissions determined to be in violation of the state Marijuana
				laws, including M.G.L. c. 94G, and
				935 CMR
				500.000.
(1)
Notice of Fines or Sanctions
. The Commission or a
			 Commission Delegee shall send written notice of the action taken against a
			 Licensee, Registrant, or Host Community and the basis(es) for that action which
			 shall include, but not be limited to, the following information:
(a) The Commission's statutory and regulatory
			 authority, including its jurisdiction over the subject matter and its authority
			 to issue the order with regards to the License, registration, or HCA;
(b) The factual basis(es) of the
			 order;
(c) The alleged violation(s)
			 of law;
(d) An assessment of an
			 administrative fine of up to $50,000 per violation, or an order for corrective
			 action fixing a reasonable time for correction of the violation or both;
			 and
(e) Notice to the Licensee,
			 Registrant, or Host Community that they may request a hearing in accordance
			 with 935 CMR
			 500.500.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.370 - Order to Show Cause

Current through Register 1525, July 5, 2024
(1) If, after
			 investigation, the Commission or a Commission Delegee determines that there are
			 grounds to suspend or revoke a License or registration, it may also issue an
			 Order to Show Cause why the Licensee or registration should not be suspended or
			 revoked.
(2)
Notice of
			 Violations
. The Commission or a Commission Delegee shall send
			 written notice of the action taken against a Licensee or Registrant and the
			 basis for that action which shall include, but not be limited to, the following
			 information:
(a) The Commission's statutory
			 and regulatory authority, including its jurisdiction over the subject matter
			 and its authority to issue the order with regards to the License or
			 registration;
(b) The factual
			 basis(es) of the order;
(c) The
			 alleged violation(s) of law, including the alleged noncompliance with law,
			 regulation, guideline or other applicable requirement;
(d) The restriction(s) on the Licensee's or
			 Registrant's operations or the sale or use of Marijuana or Marijuana Products,
			 if any;
(e) The potential for
			 further disciplinary action(s), sanction(s) or fine(s); and
(f) The right to a hearing, if
			 any.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.400 - Marijuana Establishment: Grounds for Denial of Application for Licensure

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for denying an applicant on an application for a Marijuana
				Establishment License and the associated individuals and entities, but not for
				the renewal of a License.
(1) The
			 applicant failed to complete the application process within the time required
			 by the Commission.
(2) Information
			 provided by the applicant was 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.
(3) The application
			 indicates an inability to maintain and operate a Marijuana Establishment in
			 compliance with the requirements of St. 2016, c. 334, as amended by St. 2017,
			 c. 55, M.G.L. c. 94G, and
			 935 CMR
			 500.00 including, but not limited to,
			 935
			 CMR 500.105 and
			 935
			 CMR 500.110, based on the submission of
			 information required by
			 935
			 CMR 500.101(1).
(4) The applicant has been determined to be
			 unsuitable pursuant to any one or more of the factors listed in
			 935
			 CMR 500.800 and
			 935
			 CMR 500.801.
(5) The applicant failed to comply with the
			 control limitations listed in
			 935CMR
			 500.050(1)(b) or would
			 likely fail to comply with such limitations if a License were
			 granted.
(6) An applicant had its
			 License or registration revoked or application denied in the Commonwealth or an
			 Other Jurisdiction.
(7) Any other
			 ground that serves the purposes of St. 2016, c. 334, as amended by St. 2017, c.
			 55, M.G.L. c. 94G, or
			 935 CMR
			 500.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.415 - Void Marijuana Establishment License

Current through Register 1525, July 5, 2024
A Marijuana Establishment License is void if the Marijuana
				Establishment Ceases to Operate or transfers its location without Commission
				approval or adds a Person or Entity Having Direct or Indirect Control to the
				License without Commission approval.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.450 - Marijuana Establishment License: Grounds for Suspension, Revocation and Denial of Renewal Applications

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for suspending or revoking a Marijuana Establishment's License
				or denying a renewal application for a Marijuana Establishment License.
(1) The Marijuana Establishment is not
			 operational within the time projected in the License application or the time
			 otherwise approved by the Commission.
(2) Information provided by the Marijuana
			 Establishment was 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.
(3) The Marijuana Establishment has failed to
			 comply with any requirement of St. 2016, c. 334, as amended by St. 2017, c. 55,
			 M.G.L. c. 94G, or
			 935 CMR
			 500.000, or any applicable law or regulation
			 including, but not limited to, the laws and regulations of the Commonwealth
			 relating to taxes, child support, workers' compensation, and professional and
			 commercial insurance coverage.
(4)
			 The Marijuana Establishment has failed to submit a plan of correction as
			 required or to implement the plan as submitted pursuant to
			 935
			 CMR 500.320.
(5) The Marijuana Establishment has assigned
			 or attempted to change ownership or assign its License to another entity
			 without prior approval of the Commission under
			 935
			 CMR 500.104.
(6) The Licensee failed to comply with the
			 control limitations listed in
			 935
			 CMR 500.050(1)(b) or would
			 likely fail to comply with such limitations if a renewal License were
			 granted.
(7) There has been a lack
			 of responsible operation of the Marijuana Establishment, as shown by, but not
			 limited to, one or more of the following:
(a)
			 Failure to maintain the Marijuana Establishment in a clean, orderly, and
			 sanitary fashion;
(b) Permitting a
			 Marijuana Establishment Agent to use a Registration Card belonging to a
			 different person;
(c) Failure to
			 make substantial progress toward the Marijuana Establishment's submitted
			 diversity plan or positive impact plan;
(d) Repeated sales of Marijuana Products to
			 individuals younger than 21 years old, unless, in each instance, the Marijuana
			 Establishment Agent reasonably relied on validly issued government-issued
			 identification card in compliance with M.G.L. c. 94G, § 9(b);
(e) Repeated failure to verify the age of an
			 individual prior to permitting that individual on the Premises of a Marijuana
			 Establishment or making sales of Marijuana Products to that individual;
			 or
(f) Other incompetent or
			 negligent operation.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.500 - Hearings and Appeals of Commission Actions on Licenses

Current through Register 1525, July 5, 2024
(1) The Commission has the authority to
			 administer the administrative hearing process under M.G.L. c. 94G, §
			 4(a)(xxiv) and (g).
(2) A Licensee
			 or Host Community shall be afforded a hearing on any adverse action taken
			 pursuant to:
(a)
									935
			 CMR 500.360;
(b)
									935
			 CMR 500.370;
(c)
									935
			 CMR 500.450; or
(d) Any other notice of the Commission that
			 specifies that the Licensee, Registrant, or Host Community has a right to
			 challenge the findings of fact and conclusions of law set forth in the
			 Commission's notice using the process set forth in
			 935
			 CMR 500.500.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.801 - Suitability Standard for Licensure

Current through Register 1525, July 5, 2024
(1) In accordance with M.G.L. c. 94G, §
			 5, the Commission is prohibited from licensing a Marijuana Establishment where
			 an individual who is a Person Having Direct or Indirect Control has been
			 convicted of a felony or offense in an Other Jurisdiction that would be a
			 felony in the Commonwealth, except a prior conviction solely for a Marijuana
			 offense or solely for a violation of M.G.L. c. 94C, § 34, unless the
			 offense involved distribution of a controlled substance, including Marijuana,
			 to a minor.
(2) For purposes of
			 determining suitability based on background checks in accordance with
			 935
			 CMR 500.101(1)(b):
(a) All conditions, offenses, and violations
			 are construed to include Massachusetts law or like 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 500.801:
Table A
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 500.801:
Table A
, 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.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.820 - Confidentiality

Current through Register 1525, July 5, 2024
(1) All records
			 made or received by the Commission shall be public records and shall be
			 available for disclosure on request pursuant to this section and
			 950 CMR
			 32.00:
Public Records Access
, except
			 the following, which shall be exempt from disclosure to the extent permitted by
			 law:
(a) All records exempt from disclosure
			 pursuant to M.G.L. c. 4, § 7, cl. 26;
(b) All records to the extent that they
			 contain "personal data" pursuant to M.G.L. c. 66, § 10;
(c) All records to the extent that they
			 contain "personal information" pursuant to M.G.L. c. 93H, § 1;
(d) All records which contain CORI as defined
			 by 803 CMR 2.02:
Definitions
;
(e)
			 All records which contain CHRI as defined by
			 803
			 CMR 7.02:
Definitions
;
			 and
(f) All Confidential Records as
			 defined in
			 935
			 CMR 500.002.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.830 - Petitions for the Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
(1) Any interested Person may file a petition
			 with the Commission pursuant to M.G.L. c. 30A, § 4, for the adoption,
			 amendment or repeal of any regulation. Such petition shall be submitted in
			 written and electronic form, be signed by the petitioner or petitioner's
			 representative, and include the following information:
(a) The name, address, and relevant contact
			 information for the petitioner or the petitioner's representative;
(b) The petitioner's specific interest in the
			 regulation;
(c) The petitioner's
			 request for the adoption, amendment or repeal of a regulation, including
			 proposed regulatory language;
(d)
			 If the request is to amend an existing regulation, a copy of the existing
			 regulation with changes clearly marked on paper and electronic copies;
			 and
(e) The reasons for the request
			 including, but not limited to, citation to any relevant legal authority,
			 arguments and evidence, including data, that supports the request.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.840 - Non-conflict with Other Laws

Current through Register 1525, July 5, 2024
(1) Nothing in
			 935 CMR
			 500.000 shall be construed to limit the applicability
			 of any other law as it pertains to the rights of landlords, employers, Law
			 Enforcement Authorities, or regulatory agencies, except as otherwise provided
			 in 935 CMR
			 500.000.
(2) Nothing in
			 935 CMR
			 500.000.
(a) Allows
			 the operation of a motor vehicle, boat, or aircraft while under the influence
			 of Marijuana;
(b) Requires the
			 violation of federal law or purports to give immunity under federal law;
			 or
(c) Poses an obstacle to federal
			 enforcement of federal law.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.850 - Waivers

Current through Register 1525, July 5, 2024
(1) The Commission
			 may delegate its authority to the Executive Director to waive a regulatory
			 requirement promulgated under M.G.L. c. 94G, § 4 and M.G.L. c. 94I, §
			 7. The Executive Director may determine the form and manner of the waiver
			 process. There can be no waiver of statutory requirements.
(2) The Commission may waive applicability of
			 one or more of the requirements imposed by
			 935 CMR
			 500.000 on the submission of written documentation and
			 a finding that:
(a) Compliance would cause
			 undue hardship to the requestor;
(b) If applicable, the implementation of
			 compensating features acceptable to the Commission;
(c) The noncompliance with the regulatory
			 requirement would not jeopardize the health, safety, or welfare of any
			 Registered Qualifying Patient or the public; and
(d) The granting of the waiver would not
			 constitute a waiver of any statutory requirements.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.860 - Notice

Current through Register 1525, July 5, 2024
(1) The Commission
			 shall maintain a list of individuals or entities that request notice.
(2) Notice shall be provided, in a time and
			 manner to be determined by the Commission, to those individuals or entities on
			 the list in advance for:
(a) Meetings of the
			 Cannabis Control Commission;
(b)
			 Meetings of the Cannabis Advisory Board; and
(c) Other events determined by the
			 Commission, in its discretion.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.900 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				935 CMR
				500.000 are severable. If a court of competent
				jurisdiction declares any section, subsection, paragraph, or provision
				unconstitutional or invalid, the validity of the remaining provisions shall not
				be affected.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				935 CMR
				501.000 is to implement St. 2017, c. 55:
An
				Act to Ensure Safe Access to Marijuana
; M.G.L. c. 94G and M.G.L. c.
				94I.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.003 - Colocated Marijuana Operations (CMOs)

Current through Register 1525, July 5, 2024
An MTC may also be licensed to conduct adult-use operations as
				a Cultivator, Product Manufacturer and Retailer, as defined in
				935
				CMR 500.002
:
Cultivator, Product Manufacturer, and Retailer
. Unless
				otherwise specified, a CMO shall comply with the requirements of each the
				adult-use and medical-use license located on the Premises of the
				CMO.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.005 - Fees

Current through Register 1525, July 5, 2024
(1) Each Qualifying Patient is subject to the
			 following nonrefundable fees. If the fee poses a Verified Financial Hardship,
			 the Qualifying Patient may request a waiver of the fee in a form and manner
			 determined by the Commission.
Patients
Fee
Medical Use ID Card Replacement
$10
(2)
			 Each of the individuals and entities identified below is subject to the
			 following nonrefundable fees.
Medical Marijuana Treatment Center (MTC):
MTC Agent Registration, Annual
$500
MTC Application Fee
$3,500
MTC Initial and Annual License Fee
$50,000
Caregiving and Caregiving Institutions:
Registration of Caregiving Institutions
None
Registration of Institutional Caregivers
None
(3)
Other Fees (Cost per License)
.
Change in Name Fee
$1,000
Change in Location Fee
$10,000
Change in Building Structure Fee
$1,000
Change in Ownership or Control Fee (involving at
							 least one entity gaining ownership/control)
$5000 per entity, per License
Change in Ownership or Control Fee (involving
							 individuals,
e.g
., change of Board Member)
$500 per person
Architectural Review Request Fee
$1,500
Packaging and Labeling Preapproval Application
							 Fee
$50 per product
(4)
			 These fees do not include the costs associated with the Seed-to-sale SOR, which
			 includes a monthly program fee and fees for plant and package tags. These fees
			 do not include the costs associated with criminal background checks as required
			 under
			 935
			 CMR 501.000. These fees do not include the costs
			 associated with packaging and label approval.
(5) All persons required to complete a
			 background check pursuant to
			 935 CMR 501.101(1)(b)
			  shall be responsible for reimbursement
			 and/or payment of fees relating to criminal and background investigations as
			 necessary for the purpose of evaluating Licensees, agents and applicants for
			 licensure in accordance with
			 935 CMR
			 501.101(1)(b).
(6) For CMOs, an applicant or Licensee shall
			 pay the applicable fees for each Marijuana Establishment set forth in
			 935 CMR 500.005:
Fees
and MTC set forth in 935 CMR 501.005.
(7)
Preapproved Court
			 Appointees
.
(a) Each applicant
			 seeking to be Preapproved Court Appointee shall pay a nonrefundable application
			 fee of $500 with any such application.
(b) A Preapproved Court Appointee seeking to
			 renew its designation shall pay a renewal fee of $400.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.006 - Registration of Certifying Physicians

Current through Register 1525, July 5, 2024
(1) A
			 physician who wishes to issue a Written Certification for a Qualifying Patient
			 shall have at least one established place of practice in Massachusetts and
			 shall hold:
(a) An active full license, with
			 no prescribing restriction, to practice medicine in Massachusetts;
			 and
(b) A Massachusetts Controlled
			 Substances Registration from the DPH.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.007 - Registration of Certifying Certified Nurse Practitioners

Current through Register 1525, July 5, 2024
(1) A Certifying CNP who wishes to issue a
			 Written Certification for a Qualifying Patient shall have at least one
			 established place of practice in Massachusetts and shall hold:
(a) An active full license, with no
			 prescribing restriction, to practice nursing in Massachusetts;
(b) A board authorization by the
			 Massachusetts Board of Registration in Nursing to practice as a CNP;
			 and
(c) A Massachusetts Controlled
			 Substances Registration from the DPH.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.008 - Registration of Certifying Physician Assistants

Current through Register 1525, July 5, 2024
(1) A Certifying Physician Assistant who
			 wishes to issue a Written Certification for a Qualifying Patient shall have at
			 least one established place of practice in Massachusetts and shall hold:
(a) An active full license, with no
			 prescribing restriction, to practice as a physician assistant in
			 Massachusetts;
(b) A board
			 authorization by the Massachusetts Board of Registration of Physician
			 Assistants to practice as a physician assistant; and
(c) A Massachusetts Controlled Substances
			 Registration from the DPH.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.010 - Written Certification of a Debilitating Medical Condition for a Qualifying Patient

Current through Register 1525, July 5, 2024
(1) A Certifying
			 Healthcare Provider shall complete a program that explains the proper use of
			 Marijuana, including side effects, dosage, and contraindications, including
			 with psychotropic drugs, as well as on substance abuse recognition, diagnosis,
			 and treatment related to Marijuana, which includes, but is not limited to, the
			 following:
(a) A Certifying Physician issuing
			 a Written Certification shall have completed a minimum of 2.0 Category 1
			 continuing professional development credits as defined in
			 243 CMR
			 2.06(6)(a)1.
(b) A Certifying CNP issuing a Written
			 Certification shall have completed a minimum of one program meeting the
			 requirements of
			 244 CMR
			 5.00:
Continuing Education
and
			 244 CMR 6.00:
Approval
			 of Nursing Education Programs and the General Conduct
			 Thereof
.
(c) A Certifying
			 Physician Assistant issuing a Written Certification shall have completed a
			 minimum of one program meeting the requirements of
			 263 CMR
			 3.05(3).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.020 - Temporary and Annual Registration of Personal Caregivers

Current through Register 1525, July 5, 2024
(1) A Personal Caregiver shall apply for a
			 temporary or annual Registration Card according to the procedures set out in
			 935 CMR 501.020, unless otherwise provided by the Commission. An individual
			 shall be granted a temporary or an annual Registration Card prior to serving as
			 a Personal Caregiver for any Registered Qualifying Patient.
(2)
Temporary Caregiver
			 Registration Authorization
.
(a) A
			 temporary caregiver authorization will allow the Caregiver, during the interim
			 period during which the patient has an effective and valid temporary Patient
			 Registration Card, to serve as a caregiver to a Qualifying Patient and access
			 MTCs and obtain medical-use Marijuana, Marijuana Products and MIPs on behalf of
			 a patient before the patient and Caregiver are issued annual Registration Cards
			 by the Commission.
(b) During the
			 time a Qualifying Patient has a temporary Patient Registration Card pursuant to
			 935 CMR 501.015(3), the patient may authorize a Personal Caregiver, who is 21
			 years of age or older, as their temporary caregiver. To authorize an individual
			 as a temporary caregiver, the patient shall complete the temporary caregiver
			 authorization form, generated by the patient's healthcare provider or printed
			 from the electronic patient portal by the patient, sign the form, and provide
			 the authorization form to the designated caregiver.
(c) To access MTCs and obtain medical-use
			 Marijuana, Marijuana Products and MIPs on behalf of a patient, the Caregiver
			 shall present the patient's temporary Registration Card, a completed and signed
			 temporary caregiver authorization form, and a government-issued identification
			 document.
(d) MTCs are responsible
			 for ensuring that Caregivers present proper documentation and verifying that
			 the temporary Registration Card is valid, before the Caregiver accesses the MTC
			 and purchases Marijuana, Marijuana Products or MIPs.
(e) It is the obligation of the MTC to track
			 and dispense only the amount allowed for a 14-day Supply.
(f) To obtain an annual Registration Card
			 after receiving a temporary Registration Card, a caregiver shall comply with
			 935 CMR 501.020(3) and complete the electronic registration process for review
			 by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.021 - Registration of Caregiving Institutions

Current through Register 1525, July 5, 2024
(1)
			 Prior to facilitating the medical use of Marijuana to a Registered Qualifying
			 Patient, a hospice program, long term care facility, or hospital shall obtain a
			 Certificate of Registration as a Caregiving Institution. To obtain a
			 Certificate of Registration as a Caregiving Institution, the institution shall
			 submit, in a form and manner determined by the Commission, the following:
(a) The name, address and telephone number of
			 the institution, as well as the telephone number and email address for the
			 primary contact for that Caregiving Institution;
(b) A copy of the Caregiving Institution's
			 current facility licensure or certification from the Commonwealth of
			 Massachusetts;
(c) Written
			 acknowledgement by the authorized signatory of the Caregiving Institution of
			 the limitations on the institution's authorization to cultivate, possess, and
			 dispense to Registered Qualifying Patients, Marijuana for medical purposes in
			 the Commonwealth;
(d) An
			 attestation by the authorized signatory of the Caregiving Institution that
			 employees of the Caregiving Institution shall not engage in the diversion of
			 Marijuana and that he or she understands that protections conferred by M.G.L.
			 c. 941, for possession of Marijuana for medical use are applicable only within
			 Massachusetts; and
(f) Any other
			 information required by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.022 - Registration of Institutional Caregivers

Current through Register 1525, July 5, 2024
(1) A Caregiving Institution shall apply for
			 an Institutional Caregiver registration for all employees that will be
			 facilitating a Registered Qualifying Patient's use of Marijuana for medical
			 purposes. All such individuals shall be 21 years of age or older.
(2) A Caregiving Institution seeking
			 registration of an Institutional Caregiver shall file an application, in a form
			 and manner determined by the Commission, which shall include:
(a) The full name, date of birth and address
			 of the individual;
(b) Written
			 acknowledgment by the individual of the limitations on his or her authorization
			 to possess, transport, and facilitate the use of Marijuana for medical purposes
			 in the Commonwealth;
(c) Written
			 acknowledgment by the individual of the prohibition against cultivation in his
			 or her role as an Institutional Caregiver;
(d) A copy of the Institutional Caregiver's
			 driver's license, government issued identification card, or other verifiable
			 identity document acceptable to the Commission;
(e) An attestation that the individual shall
			 not engage in the diversion of Marijuana;
(f) A nonrefundable application fee, as
			 required by the Commission; and
(g)
			 Any other information required by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.025 - Responsibilities of Caregivers

Current through Register 1525, July 5, 2024
(1)
Personal Caregivers
.
(a) A Personal Caregiver may:
1. Transport a Registered Qualifying Patient
			 to and from an MTC;
2. Obtain and
			 transport Marijuana from an MTC on behalf of a Registered Qualifying
			 Patient;
3. Cultivate Marijuana,
			 subject to the plant limitations of 935 CMR 501.027(8), on behalf of a maximum
			 of one Registered Qualifying Patient who has not obtained a Hardship
			 Cultivation Registration, unless the Personal Caregiver is a visiting nurse,
			 personal care attendant, or home health aide serving as a Personal
			 Caregiver;
4. Cultivate Marijuana
			 on behalf of one or more Registered Qualifying Patients who have obtained a
			 Hardship Cultivation Registration, unless the Personal Caregiver is a visiting
			 nurse, personal care attendant, or home health aide serving as a Personal
			 Caregiver;
5. Prepare Marijuana for
			 consumption by a Registered Qualifying Patient; and
6. Administer Marijuana to a Registered
			 Qualifying Patient.
7. Receive
			 reimbursement for reasonable expenses incurred in the provision of services as
			 a Caregiver, including transportation and cultivation expenses directly related
			 to the care of a Registered Qualifying Patient, so long as the expenses are
			 documented and available for inspection by the Commission on request. A
			 Caregiver may not receive reimbursement or payment for the Caregiver's time. In
			 the case of an individual who serves as a Personal Caregiver for more than one
			 Registered Qualifying Patient, the individual may receive partial reimbursement
			 from multiple patients so long as the total reimbursement received does not
			 exceed the Caregiver's total documented expenses.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.027 - Hardship Cultivation Registration

Current through Register 1525, July 5, 2024
(1) A Qualifying Patient registered with the
			 Commission pursuant to
			 935 CMR
			 501.015 may apply for a Hardship Cultivation
			 Registration if such patient can demonstrate that his or her access to an MTC
			 is limited by:
(a) Verified financial
			 hardship;
(b) Physical incapacity
			 to access reasonable transportation, as demonstrated by an inability to use
			 public transportation or drive oneself, lack of a Personal Caregiver with a
			 reliable source of transportation, and lack of an MTC that will deliver
			 Marijuana to the patient's or Personal Caregiver's primary address;
(c) Lack of an MTC within a reasonable
			 distance of the patient's primary residence and lack of an MTC that will
			 deliver Marijuana to the patient's or Personal Caregiver's primary address;
			 or
(d) Lack of access to a medicine
			 essential for the Qualifying Patient's treatment plan.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.029 - Registration and Conduct of Independent Testing Laboratory Agents

Current through Register 1525, July 5, 2024
(1) An Independent Testing Laboratory
			 providing testing services for an MTC or Marijuana Establishment in compliance
			 with
			 935 CMR
			 501.000, or
			 935 CMR
			 500.000:
Adult Use of Marijuana
,
			 shall apply for Laboratory Agent registration for any of its employees,
			 consultants or volunteers that will be in possession of Marijuana for medical
			 use on behalf the Independent Testing Laboratory.
(2) An application for registration of a
			 Laboratory Agent, submitted to the Commission by an Independent Testing
			 Laboratory, shall include:
(a) The full name,
			 date of birth and address of the individual;
(b) All aliases used previously or currently
			 in use by the individual, including maiden name, if any;
(c) Written acknowledgment signed by the
			 applicant of the limitations on his or her authorization to possess, test,
			 Transfer, or Process Marijuana or Marijuana Products in the
			 Commonwealth;
(d) A copy of the
			 applicant's driver's license, government issued identification card, or other
			 verifiable identity document acceptable to the Commission;
(e) An attestation signed by the applicant
			 that the applicant will not engage in the diversion of Marijuana and Marijuana
			 Products;
(f) A nonrefundable
			 application fee, as required by the Commission; and
(g) Any other information required by the
			 Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.030 - Registration of Medical Marijuana Treatment Center Agents

Current through Register 1525, July 5, 2024
(1) An MTC shall apply for MTC agent
			 registration for all its, employees, Executives, Owners, and volunteers who are
			 associated with that MTC. The Commission shall issue an Agent Registration Card
			 to each individual determined to be suitable for registration. All such
			 individuals shall:
(a) Be 21 years of age or
			 older;
(b) Have not been convicted
			 of an offense in the Commonwealth involving the distribution of controlled
			 substances to minors, or a like violation of the laws of other jurisdictions;
			 and
(c) Be determined suitable for
			 registration consistent with the provisions of
			 935 CMR
			 501.800 and
			 935 CMR
			 501.801 or
			 935
			 CMR 501.802.