reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.11 - Exemption to Allow Public Employees to Hold Additional Jobs on Premises Occupied Pursuant to Contract or Agreement with Public Agencies

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.11 is to permit a public employee to hold an additional paid position with a second employer, where the only impediment to such employment arises because the second employer occupies premises pursuant to a contract or agreement with the public agency that employs the public employee, or any other public agency at the same level of government.
(2)
Exemption
. A public employee is not prohibited by M.G.L. c. 268A, § 7, 14, or 20 from receiving compensation from employment, or from a contractual arrangement with an employer or contracting entity, because that employer or entity occupies premises pursuant to a contract or agreement with a public agency at the same level of government as the public employee's agency; provided, that the public employee does not participate in or have official responsibility for the public agency's process for recommending or selecting properties that will be subject to such contracts or agreements, or for decision-making with respect to such recommendation and selection, or any property management responsibilities with respect to such properties. A person acting within this exemption remains subject to the other prohibitions of M.G.L. c. 268A, including, but not limited to, §§ 4, 6, 11, 13, 17, 19, and 23.
Example
: A mechanic employed by the Massachusetts Department of Transportation may have a second job at a fast-food restaurant located at a state-owned rest stop on the Massachusetts Turnpike. The second job is consistent with the exemption because, in his state job, the mechanic does not participate in, and would not have official responsibility for, negotiating the terms of the restaurant's contractual arrangement with the Turnpike.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.12 - Exemption to Permit Public Employees to Participate in Mitigation, Disaster Relief and Renewable Energy Programs

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.12 is to permit public employees to participate in mitigation, disaster relief, and renewable energy programs administered by their agencies.
(2)
Definition
. For purposes of 930 CMR 6.12, a public agency mitigation program is one designed to mitigate the effects of the public agency's projects and activities on the surrounding community.
(3)
Exemption
. A public employee may participate in, and receive the benefits of, any public agency mitigation program, any public agency disaster relief program (including, but not limited to, the Red Tide Relief program), and any renewable energy or energy efficiency program to the extent that the employee is otherwise eligible for the program, without violating M.G.L.c. 268A, § 7, 14, or 20; provided that the employee does not participate in or have official responsibility for the administration of such program or decision-making with respect to the award of benefits or reliefunder such program.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.13 - Exemptions to Permit Public Agencies to Contract With Attorneys and Other Consultants of Choice

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.13 is to make it easier for public agencies to contract with attorneys and other consultants of choice, and to broaden the pool of attorneys and consultants available to provide services to public agencies.
(2)
Definition
. For purposes of 930 CMR 6.13, a legitimate public purpose means that the public will obtain an identifiable advantage from the use of the particular person's services under an additional contract.
(3)
Exemption for Current Public Employees
. A person who is a special public employee by reason of performing contracted legal or other professional services for a public agency may have a financial interest in a contract or contracts made by the agency in which he is serving (additional contract), without violating M.G.L. c. 268A, § 4, 7, 11, 14, 17, or 20; provided that the employee:
(a) did not participate in or have official responsibility for the contents, design, making, or award of the additional contract, and
(b) either the additional contract was awarded as the result of a competitive selection process in accordance with applicable law or agency policy, or, consistent with applicable public procurement law and agency policy, the agency head certifies in writing that a legitimate public purpose will be served by permitting the additional contract and provides a sole source justification for that contract, and
(c) the person files with the Commission (state and county employees) or the city or town clerk (municipal employees) a disclosure of the nature of services provided to the agency and the employee's financial interest, which includes facts to show compliance with 930 CMR 6.13(3)(a) and (b).
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.14 - Exemption of Affordable Housing Programs and Community Development Programs

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.14 is to clarify the exemption for housing subsidy programs contained in M.G.L. c. 268A, § 20(g) and (h), by specifying that the statutory language of those sections applies to various types of programs.
(2)
Exemption
. For purposes of the exemptions created by M.G.L. c. 268A, § 20(g) and (h), housing subsidy program administered by a local housing authority and rental subsidy administered by a local housing authority shall include affordable housing programs and community development programs administered by local housing authorities and municipal agencies, subject to the limitation contained in M.G.L. c. 268A, § 20(g) and (h) that a public employee with responsibility for the administration of such programs is not eligible for the exemption.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.15 - Exemption of Eminent Domain Settlements

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.15 is to allow negotiated settlements in eminent domain matters.
(2)
Exemption
. A public employee may enter into, and receive payment pursuant to, a negotiated settlement agreement with the public agency that employs the public employee, or a public agency at the same level of government that employs the public employee, in an eminent domain matter, without violating M.G.L. c. 268A, § 7, 14, or 20. Persons acting within this exemption remain subject to the other prohibitions of M.G.L. c. 268A, including §§ 4, 6, 11, 13, 17, and 19.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.16 - Exemption of Fee-based Contractual Relationships Readily Available to the Public

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.16 is to allow public employees to enter into fee-based contractual relationships readily available to the public.
(2)
Exemption
. A public employee may enter into, and receive the benefits of, any fee-based contractual relationship with the public agency that employs the public employee, or with a public agency at the same level of government that employs the public agency, provided that the fee-based contractual relationship is readily available at a set price to the public at large, without violating M.G.L. c. 268A, § 7, 14, or 20. Persons acting within this exemption remain subject to the other prohibitions of M.G.L.C. 268A, including §§ 6, 13, and 19.
Example
: A state employee may purchase an MBTA pass.
Example
: A municipal employee may pay to send a child to a summer camp run by the municipal recreation department.
Example
: A municipal employee may become a paid member at a municipal golf course.
Example
: Where a regional vocational high school trains students to perform auto repairs in part by running a program whereby students provide oil changes and other services to members of the public for a set fee payable to the school, a teacher at the school can have his oil changed by the students as part of that program as long as those services are readily available to the public and the teacher pays the applicable fee.
Example
: An employee of the Massachusetts Port Authority may purchase a ticket from an airline operating out of a facility owned by that agency.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.17 - Exemption Related to Senior Tax Abatement Programs

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.17 is to allow participants in senior tax abatement programs to hold additional municipal positions and to have financial interests in municipal contracts, and
vice versa.
(2)
Exemption
. A participant in a senior tax abatement program may hold additional municipal positions and have financial interests in municipal contracts without violating M.G.L. c. 268A, § 20, provided that the employee does not participate in or have official responsibility for the administration of such program or decision-making with respect to the award of benefits or relief under such program.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.18 - Census Employment

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.18 is to allow public employees to hold additional paid positions with the federal census.
(2)
Exemption
. A public employee may hold a paid position with the federal census without violating M.G.L.c.268A, §§4, 11, and 17.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.19 - Exemption Permitting Public Employees to Purchase or Rent Housing and Parking Units in Multi-unit Buildings Subject to Contractual Arrangements With Public Agencies, When Such Transactions Are Readily Available to the General Public

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.19 is to allow public employees to purchase or rent housing and parking units in multi-unit buildings that are subject to long-term leases or other contractual arrangements with public agencies, including their own, when the opportunity to enter into such arrangements is readily available to the general public, and the public employee was not involved in creating the opportunity.
(2)
Exemption
. A public employee may purchase or rent a housing and/or parking unit in a multi-unit building that is subject to a long-term lease or other contractual arrangement with a public agency, including his or her own public agency, without violating M.G.L. c. 268A, § 7, 14, or 20, provided that the following conditions are met:
(a) The public employee did not participate in or have official responsibility for: the negotiation or approval of the long-term lease or contractual arrangement with the public agency; any other aspect of the public agency action that led to the availability of the purchase or lease opportunity; or administration of any program related to the lease or contractual arrangement; and
(b) The purchase or lease opportunity is available to members of the general public on the same terms that it is available to the public employee, and steps have been taken to make the general public aware of the availability of the opportunity.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.20 - Exemption Permitting Town Clerks to Perform Certain Election-related Functions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.20 is to permit town clerks to perform election-related functions that town clerks are statutorily required to perform, and functions that are not likely to be outcome-determinative.
(a) During elections in which the town clerk, and/or an immediate family member of the town clerk, is a candidate for any office or offices, and
(b) In towns in which the clerk is appointed, during elections in years in which the town clerk's term expires, and the person or persons who appoint the clerk are candidates for any office or offices.
The basis for this exemption is the unique role played by town clerks relating to elections, and the existing extensive regulation of their functions in state election law.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.21 - Exemption of State-sponsored College Savings and Investment Funds

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.21 is to allow state employees to participate in state-sponsored college savings and investment fund plans or programs.
(2)
Exemption
. A state employee may enter into, and receive the benefits of, any state-sponsored college savings and investment fund plan or program, provided that participation in such a program is readily available to the public at large, without violating M.G.L. c. 268A, § 7. Persons acting within this exemption remain subject to the other prohibitions of M.G.L. c. 268A, including § 6.
Example
: A state employee may enroll in Massachusetts Educational Financing Authority savings and investment plans.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.22 - Exemption Permitting State Employees to Teach at State Educational Institutions In Certain Circumstances

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.23 is to allow a state employee to teach or perform other related duties at an educational institution of the Commonwealth even if the employee participates in financial management matters at the institution, provided that the employee does not participate in financial management matters for the department or program in which the employee wants to teach.
(2)
Exemption
. A state employee may teach or perform other related duties at an educational institution of the Commonwealth without violating M.G.L. c. 268A, § 7, even if the employee participates in, or has official responsibility for, the financial management of such educational institution, provided that the employee does not participate in the financial management of the department or program in which the employee will teach.
Example
: A state employee who manages the Human Resources department for UMass Amherst, including that department's budget, may teach a class in the Accounting Department, because he has no responsibility for the financial management of that department.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.24 - Exemption to Continue Certain Exemptions Affected by Municipal Population Changes Until Next Municipal Election

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.24 is to clarify the application of statutory exemptions to M.G.L. c. 268A, §§ 17 and 20, when the population of a municipality has changed and an exemption from the law becomes unavailable as the result of such change in population.
(2)
Exemptions
. When a decennial census results in the unavailability of an exemption under M.G.L. c. 268A, §§ 17 and/or 20, any person who had an exemption under either of those sections based on the prior decennial census may continue to use that exemption as stated in 930 CMR 6.24(2)(a) and (b).
(a) Appointed municipal employees may continue to use the previously available exemption until 120 days after the Commission notifies the affected municipality in writing that population change has rendered a previously available exemption to the conflict of interest law unavailable.
(b) Elected municipal employees may continue to use the previously available exemption until the next municipal election, whether or not the affected employee's term has expired at the time of such election.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.27 - Alphabetical Index to Exemptions Unrelated to Gifts

Current through Register 1525, July 5, 2024
Topic
Regulatory Section
Adoptive or Pre-adoptive Parent
930 CMR 6.05
Affordable Housing Programs
930 CMR 6.14
Agricultural Preservation Restriction
930 CMR 6.10
Board Member
930 CMR 6.02, 6.08, 6.23
Census Employment
930 CMR 6.18
Charter School Trustees
930 CMR 6.09
Child, Act on Behalf of
930 CMR 6.03
College Savings
930 CMR 6.21
Commission
930 CMR 6.01(1)
Committee for Public Counsel Services
930 CMR 6.06
Community Development Programs
930 CMR 6.14
Conservation Restriction or Easement
930 CMR 6.10
Consultants
930 CMR 6.13
Department of Children and Families
930 CMR 6.05
Disaster Relief Program
930 CMR 6.12
Disclosure
930 CMR 6.01(6)
Elected State Officials
930 CMR 6.25
Eminent Domain
930 CMR 6.15
Exigent Circumstances
930 CMR 6.04
Expertise
930 CMR 6.23
Fee-based Contractual Relationships
930 CMR 6.16
Foster Parents
930 CMR 6.05
Guardian
930 CMR 6.05
Human Services Agencies, Clients of
930 CMR 6.07
Indirect Financial Interest
930 CMR 6.02(2)(b)
Interns
930 CMR 6.02(3)(d)
Leased Premises, from Public Agency
930 CMR 6.11, 6.19
Mitigation Program
930 CMR 6.12
Parents
930 CMR 6.03, 6.05, 6.09
Personal Services
930 CMR 6.07
Pre-existing Financial Interest
930 CMR 6.26
Population Changes
930 CMR 6.24
Public Employee
930 CMR 6.01(3)
Red Cross
930 CMR 6.04
Red Tide Relief Program
930 CMR 6.12
Renewable Energy Program
930 CMR 6.12
Rented Premises, from Public Agency
930 CMR 6.11
Rescue Organization
930 CMR 6.04
School Committee Member
930 CMR 6.03, 6.09
Senior Tax Abatement Programs
930 CMR 6.17
Social Services Agencies
930 CMR 6.07
Teaching at State Institutions
930 CMR 6.22
Town Clerks
930 CMR 6.20
Uncompensated Position
930 CMR 6.02(2)(a)
Usual Compensation
930 CMR 6.02(2)(c)
Volunteer
930 CMR 6.02
Volunteer Medical Organization
930 CMR 6.04
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 7.00 - Definition Of Governmental Body

Current through Register 1525, July 5, 2024
For purposes of M.G.L. c. 268A, § 5(e), the phrase, governmental body as determined by the state ethics commission with which he has been associated, means:
(a) a state agency, authority, board, bureau, commission, council, department, division or other entity, including the general court and the courts of the commonwealth, for which a former state employee performed services, or in which a former state employee held an office, position, employment, or membership (first governmental body), at any time during the year prior to leaving state government;
(b) any other governmental body or bodies located organizationally within the first governmental body; and
(c) the employees of the first governmental body and every governmental body within it. For purposes of 930 CMR 7.00, located organizationally does not include any independent agency and authority that is placed within an executive office by the agency or authority's enabling act, but is not subject to the jurisdiction of such executive office.
Example
: for a former state legislator or legislative employee, the governmental body with which he was associated is the General Court of the Commonwealth of Massachusetts (both branches) and their Members and employees.
Example
: for a former Governor or employee of the Governor's office, the governmental body with which she was associated is the Governor's office and its employees and the Governor, but not other Executive Offices or agencies.
Example
: for a former employee of an Executive Office, the governmental body with which he was associated is the Executive Office by which he was employed, all divisions and departments of that Executive Office, all state agencies within that Executive Office, and the employees of that office and those divisions, departments, and agencies, but not the Governor, the Governor's office, other Executive Offices, or their agencies.
Example
: for a former employee of a state agency, the governmental body with which she was associated is that state agency, any governmental bodies located organizationally within that agency, and the employees of that agency, but not the Governor or the Governor's office, other state agencies within the same Executive Office as the former employing agency, or other executive branch agencies.
Example
: for a former employee of an independent state authority that is placed within an executive office, but not subject to supervision or control by that executive office, the governmental body with which he was associated is the independent state agency, but not the executive office.
REGULATORY AUTHORITY
930 CMR 7.00: M.GL. c. 268A, § 5(e) and c. 268B, § 3(a)(2).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				935 CMR
				500.000 is to implement St. 2017, c. 55, An Act to
				Ensure Safe Access to Marijuana, and M.G.L. c. 94G.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.003 - Colocated Marijuana Operations (CMOs)

Current through Register 1525, July 5, 2024
An adult-use Marijuana Cultivator, Product Manufacturer or
				Retailer also be licensed as an MTC as defined in to
				935
				CMR 501.002. No other adult-use license type
				qualifies to be a CMO. Unless otherwise specified, a CMO shall comply with the
				requirements of each of 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 500.000 - Adult Use of Marijuana › Section 500.029 - Registration and Conduct of Laboratory Agents

Current through Register 1525, July 5, 2024
(1) The Commission shall issue a Laboratory
			 Agent Registration Card to each applicant associated as an employee or
			 volunteer with an Independent Testing Laboratory licensed pursuant to
			 935 CMR
			 500.050(7), or
			 501.029:
Registration of Independent Testing Laboratory Agents
, who is
			 determined to be suitable for registration. All such individuals shall:
(a) Be 21 years of age or older;
(b) Have not been convicted of any felony
			 drug offense in the Commonwealth or a like violation of the laws of an Other
			 Jurisdiction;
(c) Have not been
			 convicted of any offense involving the distribution of controlled substances to
			 a minor or a like violation of the laws of an Other Jurisdiction; and
(d) Be determined to be suitable for
			 registration consistent with the provisions of
			 935
			 CMR 500.800,
			 500.801
			 or
			 500.803.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.030 - Registration of Marijuana Establishment Agents

Current through Register 1525, July 5, 2024
(1) A Marijuana Establishment shall apply for
			 registration for all its employees, Owners, Executives and volunteers who are
			 associated with that Marijuana Establishment. 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 500.800 and
			 935 CMR
			 500.801 or
			 935
			 CMR 500.802.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.031 - Denial of a Marijuana Establishment Agent Registration Card

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, constitutes full and
				adequate grounds for denial of an agent Registration Card for a Marijuana
				Establishment Agent, including Laboratory Agents:
(1) Failure to provide the information
			 required in
			 935
			 CMR 500.029 or
			 500.030.
(2) Provision of information on the
			 application 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;
(3) Failure to meet the
			 requirements set forth in
			 935
			 CMR 500.029 or
			 500.030;
(4) Revocation or suspension of an agent
			 Registration Card in the previous six months;
(5) Failure by the Marijuana Establishment to
			 pay all applicable fees; or
(6)
			 Other grounds, as the Commission may determine in the exercise of its
			 discretion, that are directly related to the applicant's ability to serve as a
			 Marijuana Establishment Agent, or that make the applicant unsuitable for
			 registration; however, the Commission will provide notice to the applicant of
			 the grounds prior to the denial of the agent Registration Card and a reasonable
			 opportunity to correct these grounds.
(a) The
			 Commission may delegate Registrants' suitability determinations to the
			 Executive Director, who may appoint a Suitability Review Committee, in
			 accordance with
			 935
			 CMR 500.800. Suitability determinations shall
			 be based on credible and reliable information.
(b) The Executive Director may institute a
			 suitability review based on a recommendation from Enforcement staff that
			 background check information would result in or could support an adverse
			 suitability determination. All suitability determinations will be made in
			 accordance with the procedures set forth in
			 935
			 CMR 500.800.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.032 - Revocation of a Marijuana Establishment Agent Registration Card

Current through Register 1525, July 5, 2024
(1) Each of the
			 following, in and of itself, constitutes full and adequate grounds for
			 revocation of an agent Registration Card issued to a Marijuana Establishment
			 Agent, including Laboratory Agents:
(a)
			 Submission of information in the application or renewal application 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;
(b) Violation of the requirements of the
			 state Marijuana laws, including
			 935 CMR
			 500.000.
(c) Fraudulent use of a Marijuana
			 Establishment Agent Registration Card including, but not limited to, tampering,
			 falsifying, altering, modifying, duplicating, or allowing another person to
			 use, tamper, falsify, alter, modify, or duplicate an agent Registration
			 Card;
(d) Selling, Transferring,
			 distributing, or giving Marijuana to any unauthorized person;
(e) Failure to notify the Commission within
			 five business days after becoming aware that the agent Registration Card has
			 been lost, stolen, or destroyed;
(f) Failure to notify the Commission within
			 five business days after a change in the registration information contained in
			 the application or required by the Commission to have been submitted in
			 connection with the application an agent Registration Card, including open
			 investigations or pending actions as delineated in
			 935
			 CMR 500.802 as applicable, that may otherwise
			 affect the status of the suitability for registration of the Marijuana
			 Establishment Agent;
(g)
			 Conviction, guilty plea, plea of
nolo contendere
, or admission
			 to sufficient facts of a drug offense involving distribution to a minor in the
			 Commonwealth, or a like violation of the laws of an Other Jurisdiction;
			 or
(h) Conviction, guilty plea,
			 plea of
nolo contendere
or admission to sufficient facts in
			 the Commonwealth, or a like violation of the laws of another state, to an
			 offense as delineated in
			 935
			 CMR 500.801:
Table A: Marijuana
			 Establishment Licensees
or
			 935
			 CMR 500.803:
Table E: Registration as
			 a Laboratory Agent
, as applicable, that may otherwise affect the
			 status of the suitability for registration of the Marijuana Establishment
			 Agent.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.033 - Void Registration Cards

Current through Register 1525, July 5, 2024
(1) An agent
			 Registration Card issued to a Marijuana Establishment Agent, including a
			 Laboratory Agent, shall be void when:
(a) The
			 agent has ceased to be associated with the Marijuana Establishment or
			 Independent Testing Laboratory that applied for and received the agent's
			 Registration Card;
(b) The card has
			 not been surrendered on the issuance of a new agent Registration Card based on
			 new information; or
(c) The agent
			 is deceased.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.040 - Leadership Rating Program for Marijuana Establishments and Marijuana-related Businesses

Current through Register 1525, July 5, 2024
(1)
Leadership Rating Categories
. In a time and manner to
			 be determined by the Commission, Licensees will be eligible to earn leadership
			 ratings in the following categories:
(a)
			 Social Justice Leader;
(b) Local
			 Employment Leader;
(c) Energy and
			 Environmental Leader; and
(d)
			 Compliance Leader.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.102 - Action on Applications

Current through Register 1525, July 5, 2024
(1)
Action on Each Application
. The Commission shall grant
			 licenses with the goal of ensuring that the needs of the Commonwealth are met
			 regarding access, quality, and community safety.
(a) License applications shall be evaluated
			 based on the applicant's:
1. Demonstrated
			 compliance with the laws and regulations of the Commonwealth;
2. Suitability for licensure based on the
			 provisions of
			 935
			 CMR 500.101(1),
			 500.800 and
			 500.801; and
3. Evaluation of the thoroughness of the
			 applicant's responses to the required criteria. The Commission shall consider
			 each license application submitted by an applicant on a rolling
			 basis.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.130 - Additional Operational Requirements for Marijuana Product Manufacturers

Current through Register 1525, July 5, 2024
(1) In addition to the general operational
			 requirements for Marijuana Establishments required under
			 935
			 CMR 500.105 and security requirements
			 provided in
			 935 CMR
			 500.110, Marijuana Product Manufacturers
			 shall comply with additional operational requirements required under 935 CMR
			 500.130.
(2) Production of Edibles
			 shall take place in compliance with the following:
(a) All Edibles shall be prepared, handled,
			 and stored in compliance with the sanitation requirements in
			 105 CMR 590.000:
State Sanitary Code Chapter X: Minimum Sanitation Standards for Food
			 Establishments
, and with the requirements for food handlers specified
			 in
			 105 CMR 300.000:
Reportable Diseases
,
Surveillance, and Isolation and
			 Quarantine Requirements
; and
(b) Any Marijuana Product that is made to
			 resemble a typical food or Beverage product shall be packaged and labelled as
			 required by
			 935
			 CMR 500.105(5) and
			 (6).
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.146 - Additional Operational Requirements for Marijuana Delivery Operators

Current through Register 1525, July 5, 2024
(1)
Warehousing
.
(a) A Delivery Operator shall operate a
			 Warehouse for the storage of Finished Marijuana Products and preparation of
			 Individual Orders for Delivery.
(b)
			 Warehouses shall comply with all applicable requirements of
			 935 CMR
			 500.110.
(c) Warehouses shall comply with all
			 requirements of
			 935
			 CMR 500.105(11).
(d) Warehouses shall incorporate a sally port
			 or loading area immediately adjacent to the Warehouse that enables the transfer
			 of Finished Marijuana Products into a vehicle for delivery.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.150 - Edibles

Current through Register 1525, July 5, 2024
(1)
Production of
			 Edibles
. Edibles shall be produced in compliance with the
			 following:
(a) Any Edible that is made to
			 resemble a typical food or Beverage product shall be packaged and labeled as
			 required by M.G.L. c. 94G, § 4(a½)(xxiv) and (xxvi), and
			 935
			 CMR 500.105(5) and
			 (6).
(b) The Manufacture or sale of Edibles in the
			 following shapes and types is prohibited:
1.
			 The distinct shape of a human, animal, fruit, or sporting-equipment item;
			 or
2. A shape that bears the
			 likeness or contains characteristics of a realistic or fictional human, animal,
			 fruit, or sporting-equipment item including artistic, caricature, or cartoon
			 renderings.
(c) Edibles
			 that are geometric shapes and simply fruit flavored are not considered fruit
			 and are permissible.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.160 - Testing of Marijuana and Marijuana Products

Current through Register 1525, July 5, 2024
(1) No Marijuana Product, including
			 Marijuana, may be sold or otherwise marketed for adult use that is not capable
			 of being tested by Independent Testing Laboratories, except as allowed under
			 935 CMR
			 500.000. Testing of Marijuana Products shall be
			 performed by an Independent Testing Laboratory in compliance with a protocol(s)
			 established in accordance with M.G.L. c. 94G, § 15 and in a form and
			 manner determined by the Commission including, but not limited to, the Protocol
			 for Sampling and Analysis of Finished Marijuana and Marijuana Products for
			 Marijuana Establishments, Medical Marijuana Treatment Centers and Colocated
			 Marijuana Operations. Testing of environmental media (
e.g.
,
			 soils, solid growing media, and water) shall be performed in compliance with
			 the Protocol for Sampling and Analysis of Environmental Media for Massachusetts
			 Registered Medical Marijuana Dispensaries published by the
			 Commission.
(2) Marijuana shall be
			 tested for the Cannabinoid Profile and for contaminants as specified by the
			 Commission including, but not limited to, mold, mildew, heavy metals, plant
			 growth regulators, and the presence of Pesticides. In addition to these
			 contaminant tests, final ready-to-sell Marijuana Vaporizer Products shall be
			 screened for heavy metals and Vitamin E Acetate (VEA) in accordance with the
			 relevant provisions of the Protocol for Sampling and Analysis of Finished
			 Marijuana and Marijuana Products for Marijuana Establishments, Medical
			 Marijuana Treatment Centers and Colocated Marijuana Operations.
(3) The Commission may, at its discretion,
			 require additional testing where necessitated to safeguard the public health or
			 public safety and so identified by the Commission.
(4) A Marijuana Establishment shall have a
			 written policy for responding to laboratory results that indicate contaminant
			 levels are above acceptable limits established in the protocols identified in
			 935
			 CMR 500.160(1).
(a) Any such policy shall include:
1. notifying the Commission within 72 hours
			 of any laboratory testing results indicating that the contamination cannot be
			 remediated and disposing of the Production Batch.
2. notifying the Commission of any
			 information regarding contamination as specified by the Commission or
			 immediately upon request by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.170 - Municipal Requirements

Current through Register 1525, July 5, 2024
(1)
			 Marijuana Establishments and Marijuana Establishment Agents shall comply with
			 all local rules, regulations, ordinances, and bylaws.
(2) Nothing in
			 935 CMR
			 500.000 shall be construed so as to prohibit lawful
			 local oversight and regulation, including fee requirements, that does not
			 conflict or interfere with the operation of
			 935 CMR
			 500.000.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.181 - Minimum Acceptable Equity Standards Governing Municipalities and Host Communities

Current through Register 1525, July 5, 2024
(1)
								935
			 CMR 500.181 is governed by M.G.L. c. 94G
			 §§ 3 and 4, as amended by St. 2022, c. 180. Pursuant to M.G.L. c. 94G
			 § 3, the Commission must establish minimum acceptable standards for Host
			 Communities to promote and encourage full participation in the regulated
			 Marijuana industry by people from communities that were disproportionately
			 harmed by Marijuana prohibition and enforcement and to positively impact those
			 communities.
(2) M.G.L. c. 94G,
			 § 4(a)(xxxi)-(xxxii) empowers the Commission to establish procedures for
			 municipalities to promote and encourage full participation in the regulated
			 Marijuana industry during negotiations of HCAs with Social Equity Businesses
			 and to develop minimum acceptable standards governing HCA negotiations with
			 Social Equity Businesses. The Commission is further authorized to develop best
			 practices for HCA negotiations between municipalities and License Applicants
			 that have been designated as Social Equity Program Participants or Economic
			 Empowerment Priority Applicants.
(3)
Equity Standards for Host
			 Communities to Promote and Encourage Full Participation in the Regulated
			 Marijuana Industry
.
(a)
			 Municipalities are presumed to have met the Commission's minimum acceptable
			 equity standards for promoting and encouraging full participation in the
			 regulated Marijuana industry by taking one of the following actions:
1. Adopting an ordinance or bylaw to
			 exclusively permit Social Equity Businesses for three years or until the goals
			 of the exclusivity period have been met;
2. Adopting the Model Ordinance or Bylaw
			 created by the Commission to permit Social Equity Businesses; or
3. Creating a Local Approval Process for
			 equity applicants that is administered on a 1:1 basis, where a General
			 Applicant may be approved only after a Social Equity Business has commenced
			 operations. Host Communities may choose to administer a 1:1 Local Approval
			 Process until such time as 50% of the Licensees operating in the Host Community
			 are Social Equity Businesses.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.200 - Counties of Dukes County and Nantucket

Current through Register 1525, July 5, 2024
(1) To the extent permitted by law, Marijuana
			 Establishments operating from locations in the Counties of Dukes County and
			 Nantucket (the "'island counties") may operate in full compliance with
			 935 CMR
			 500.000.
(2) If Marijuana Establishments operating
			 from locations in the island counties are prevented from operating in full
			 compliance with
			 935 CMR
			 500.00 by operation of law, they are not required to
			 utilize Independent Testing Laboratories until such time as a laboratory is
			 located on the island where the Marijuana Establishment is located or the
			 establishment can transport Marijuana Products to the mainland of
			 Massachusetts.
(3) If Marijuana
			 Establishments operating from locations in the island counties are prevented
			 from utilizing Independent Testing Laboratories by operation of law, they are
			 required to test Marijuana Products in a manner that is not Unreasonably
			 Impracticable, but also adequately protects the public health in the opinion of
			 the Commission. Such testing may include:
(a)
			 a modified on-Premises testing system approved by the Commission if the label
			 on any Marijuana or Marijuana Product so tested discloses in capital letters:
			 "WARNING: LIMITED TESTING FOR CONTAMINANTS AND PESTICIDES.";
(b) a testing facility in the island counties
			 that does not meet the criteria for an Independent Testing Laboratory, but is
			 approved by the Commission for testing by Marijuana Establishments located in
			 the island counties; or
(c) such
			 other testing system approved by the Commission.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.300 - Complaints Process

Current through Register 1525, July 5, 2024
(1) In a time
			 and manner determined by the Commission, a dedicated telephone number, email
			 address or other means shall be provided for members of the public or Consumers
			 to notify the Commission of complaints regarding Marijuana Establishments,
			 Marijuana Establishment Agents, or Host Communities.
(2) The Commission may, at its discretion,
			 investigate or decline to investigate any complaint or refer a complaint to
			 another law enforcement or regulatory authority
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.301 - Inspections and Compliance

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 94G, §§ 4(a)(xvii) through (xx), the Commission or a
			 Commission Delegee may inspect a Marijuana Establishment and affiliated
			 vehicles at any time without prior notice to determine the Marijuana
			 Establishment's compliance with M.G.L. c. 94G, and
			 935 CMR
			 500.000. All areas, activities and records of a
			 Marijuana Establishment and activities and records of Marijuana Establishment
			 Agents are subject to such inspection. Submission of an application by or
			 issuance of a License to a Marijuana Establishment constitutes consent for such
			 inspection.
(2) A Marijuana
			 Establishment shall allow immediate access to the facility on being presented
			 with photo identification documenting the Commission representative's
			 affiliation with the Commission or a Commission Delegee's affiliation with a
			 state agency with lawful jurisdiction over the operations of a Marijuana
			 Establishment.
(3) A Marijuana
			 Establishment or Host Community shall immediately on request make available to
			 the Commission or a Commission Delegee all information that may be relevant to
			 an inspection or investigation of an incident or a complaint.
(4) A Marijuana Establishment or Host
			 Community shall make all reasonable efforts to facilitate the inspection or
			 investigation of an incident or a complaint, including the taking of samples,
			 photographs, video or other evidence or recordings, and complying with demands
			 for examination and inspection in accordance with
			 935
			 CMR 500.302.
(5) During an inspection, the Commission or a
			 Commission Delegee may direct a Marijuana Establishment to test Marijuana for
			 contaminants including, but not limited to, mold, mildew, heavy metals,
			 plant-growth regulators, and the presence of Pesticides not approved for use on
			 Marijuana pursuant to
			 935
			 CMR 500.120(5).
(6) An inspection or other investigation may
			 be made prior to the issuance of a License or the renewal of a License.
			 Additional inspections may be made whenever the Commission or a Commission
			 Delegee deems it necessary for the enforcement of M.G.L. c. 94G, and
			 935 CMR
			 500.000.
(7) The failure to cooperate with an
			 inspection or investigation or otherwise comply with
			 935
			 CMR 500.301 may result in administrative or
			 disciplinary action against the Licensee or Host Community.
Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.302 - Compliance Examination

Current through Register 1525, July 5, 2024
(1)
			 After a Marijuana Establishment has been licensed, the Commission or a
			 Commission Delegee, pursuant to M.G.L. c. 94G, § 4(a)(xx), has the
			 authority to demand access to a Marijuana Establishment's papers, books,
			 documents, records, correspondence, electronic communications, and other
			 tangible things to examine and inspect. Such examination and inspection may
			 include interrogatories to parties or
subpoenas
to compel the
			 production of papers, books, documents, records, correspondence, electronic
			 communications, and other tangible things. The examination and inspection of a
			 Marijuana Establishment may also include the interview of material witnesses,
			 registered agents or Close Associates whom the Commission has determined is
			 involved in the financing, management or operation of an
			 establishment.
(2)
Administrative
subpoenas
. The
			 Commission or a Commission Delegee may, during a preliminary investigation
			 prior to a hearing, issue, modify, amend or rescind
subpoenas
.
			 Material witnesses, registered agents, or other Persons whom the Commission has
			 determined are involved in the financing, management or operation of an
			 establishment may petition the Commission to modify, amend or rescind
			 subpoenas.
(3)
General
			 Provisions
. Administrative subpoenas for compliance examination
			 and inspection shall be issued in the name of the Commission by the Commission
			 or a Commission Delegee. Service may be made in a form and manner determined by
			 the Commission including, but not limited to, by the consent of the
			 parties.
(4)
Enforcement of
subpoenas
. On the
			 failure of a Person to comply with a subpoena, and not subsequently vacated or
			 modified by the Commission or a Commission Delegee, the Commission or a
			 Commission Delegee may apply to the Superior Court for an order to compel
			 compliance with the
subpoena
; an order for costs and fees
			 associated with the issuance and enforcement of the
subpoena;
or an order of contempt for any failure by a party to comply with a court
			 order.
(5) The failure to cooperate
			 with provisions of
			 935
			 CMR 500.302 may result in administrative or
			 disciplinary action against the Licensee.