Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.803 - Suitability Standard for Registration as a Laboratory Agent

Current through Register 1525, July 5, 2024
(1)
								935
			 CMR 501.803 shall apply to Laboratory Agents
			 in their capacity as employees or volunteers for an Independent Testing
			 Laboratory licensed pursuant to
			 935
			 CMR 501.029 registered with the DCJIS
			 pursuant to
			 803
			 CMR 2.04:
iCORIRegistration
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 501.803:
(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 501.803:
Table C
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
			 501.803:
Table C
, 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 501.800. In addition to the requirements
			 established in
			 935
			 CMR 501.800 shall:
1. Consider whether offense(s) or information
			 that would result in a Presumptive Negative Suitability Determination under 935
			 CMR 501.803:
Table C
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 C
: Registration as a Laboratory
				Agent. Shall apply solely to applicants for registration as a Laboratory Agent
				in accordance with 935 CMR 501.803 at an MTC registered or licensed pursuant to
				935 CMR
				501.052, or
				935 CMR
				500.050:
Marijuana
				Establishments
.
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 501.000 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.
Presumptive Negative Suitability Determination
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.
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 an MTC.
May make a Negative Suitability Determination in
							 accordance with
							 935
							 CMR 500.800(8)