Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.103 - Licensure and Renewal

Current through Register 1525, July 5, 2024
(1)
Provisional License
. On selection by the Commission,
			 an applicant shall submit the required license fee and subsequently be issued a
			 provisional license to develop a Marijuana Establishment, in the name of the
			 entity. Such provisional license shall be subject to reasonable conditions
			 specified by the Commission, if any.
(a) The
			 Commission shall review architectural plans for the building or renovation of a
			 Marijuana Establishment. Construction or renovation related to such plans may
			 not begin until the Commission has granted approval. Submission of such plans
			 shall occur in a manner and form established by the Commission including, but
			 not limited to, a detailed floor plan of the Premises of the proposed Marijuana
			 Establishment that identifies the square footage available and describes the
			 functional areas of the Marijuana Establishment, including areas for any
			 preparation of Marijuana Products, and, if applicable, such information for the
			 single allowable off-Premises location in Massachusetts where Marijuana will be
			 cultivated or Marijuana Products will be prepared; and a description of plans
			 to ensure that the Marijuana Establishment will be compliant with requirements
			 of the Americans with Disabilities Act (ADA) Accessibility
			 Guidelines.
(b) To demonstrate
			 compliance with
			 935
			 CMR 500.120(11), a Marijuana
			 Cultivator applicant shall also submit an energy compliance letter prepared by
			 a Massachusetts Licensed Professional Engineer or Massachusetts Licensed
			 Registered Architect with supporting documentation. For a Microbusiness or
			 Craft Marijuana Cooperative with a cultivation location sized as Tier 1 or Tier
			 2, compliance with any of the requirements of
			 935
			 CMR 500.120 (11) may be demonstrated through
			 an energy compliance letter prepared by one or more of the following energy
			 professionals:
1. A Certified Energy Auditor
			 certified by the Association of Energy Engineers;
2. A Certified Energy Manager certified by
			 the Association of Energy Engineers;
3. A Massachusetts Licensed Professional
			 Engineer; or
4. A Massachusetts
			 Licensed Registered Architect.
(c) A Marijuana Establishment shall construct
			 its facilities in accordance with
			 935 CMR
			 500.000, conditions set forth by the Commission in its
			 provisional license and architectural review, and any applicable state and
			 local laws, regulations, permits or licenses.
(d) The Commission may conduct inspections of
			 the facilities, as well as review all written materials required in accordance
			 with 935 CMR
			 500.000.
(e) The applicable license fee shall be paid
			 within 90 days from the date the applicant was approved for a provisional
			 license by the Commission. Failure to pay the applicable license fee within the
			 required time frame shall result in the license approval expiring. If this
			 occurs, a new license application will need to be completed pursuant to 935 CMR
			 500. 101 and will require Commission approval.
(f) To the extent updates are required to the
			 information provided for initial licensure, the Marijuana Cultivator shall
			 submit an updated energy compliance letter prepared by a Massachusetts Licensed
			 Professional Engineer or Massachusetts Licensed Registered Architect with
			 supporting documentation, together with a renewal application submitted under
			 935
			 CMR 500.103(4).
(g) Prior to the issuance of a final license,
			 an Independent Testing Laboratory shall demonstrate compliance with
			 935
			 CMR 500.050(7)(a) and
			 provide to the Commission documentation relating to its
			 accreditation.
(h) To the extent
			 that an Applicant for a Delivery Operator License decides, following the
			 submission of the Application for Provisional Licensure, but prior to receiving
			 Final Licensure, that the Applicant will engage in White Labeling, the
			 Applicant shall submit the information required by
			 935
			 CMR 500.101(3)(h)4. to the
			 Commission. The Executive Director shall determine whether the submission
			 satisfies the requirements of
			 935
			 CMR
			 500.101(3)(h)4.