Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.101 - Application Requirements

Current through Register 1525, July 5, 2024
(1)
New Applicants
. An applicant in any category of
			 Marijuana Establishment shall file, in a form and manner specified by the
			 Commission, an application for licensure as a Marijuana Establishment. The
			 application shall consist of three sections: Application of Intent; Background
			 Check; and Management and Operations Profile, except as otherwise provided. The
			 applicant may complete any section of the application in any order. Once all
			 sections of the application have been completed, the application may be
			 submitted. Application materials, including attachments, may be subject to
			 release pursuant to the Public Records Law, M.G.L. c. 66, § 10 and M.G.L.
			 c. 4, § 7, cl. 26.
(a)
Application of Intent
. An applicant for licensure as a
			 Marijuana Establishment shall submit the following as part of the Application
			 of Intent:
1. Documentation that the
			 Marijuana Establishment is an entity registered to do business in Massachusetts
			 and a list of all Persons or Entities Having Direct or Indirect Control. In
			 addition, the applicant shall submit any contractual, management, or other
			 written document that explicitly or implicitly conveys direct or indirect
			 control over the Marijuana Establishment to the listed person or entity
			 pursuant to
			 935 CMR
			 500.050(1)(b);
2. A disclosure of an interest of each
			 individual named in the application in any Marijuana Establishment application
			 for licensure or Licensee in Massachusetts;
3. Documentation disclosing whether any
			 individual named in the application have past or present business interests in
			 Other Jurisdictions;
4.
			 Documentation detailing the amounts and sources of capital resources available
			 to the applicant from any individual or entity that will be contributing
			 capital resources to the applicant for purposes of establishing or operating
			 the identified Marijuana Establishment for each license applied for. If any
			 person or entity contributing initial capital, either in cash or in kind, would
			 be classified as a Person or Entity Having Direct or Indirect Control, in
			 exchange for the initial capital, they shall also be listed pursuant to 935 CMR
			 500.101(1)(a)1. Information submitted shall be subject to review and
			 verification by the Commission as a component of the application process.
			 Required documentation shall include:
a. The
			 proper name of any individual or registered business name of any
			 entity;
b. The street address,
			 provided, however that the address may not be a post office box;
c. The primary telephone number;
d. Electronic mail;
e. The amount and source of capital provided
			 or promised;
f. A bank record dated
			 within 60 days of the application submission date verifying the existence of
			 capital;
g. Certification that
			 funds used to invest in or finance the Marijuana Establishment were lawfully
			 earned or obtained; and
h. Any
			 contractual or written agreement pertaining to a loan of initial capital, if
			 applicable.
5.
			 Documentation of a bond or an escrow account in an amount set by
			 935
			 CMR 500.105(16);
6. Identification of the proposed address for
			 the license;
7. Documentation of a
			 property interest in the proposed address. The proposed Marijuana Establishment
			 shall be identified in the documentation as the entity that has the property
			 interest. Interest may be demonstrated by one of the following:
a. Clear legal title to the proposed
			 site;
b. An option to purchase the
			 proposed site;
c. A legally
			 enforceable agreement to give such title; or
d. Documentation evidencing permission to use
			 the Premises.
8.
			 Documentation in the form of the most current, executed HCA or HCA Waiver
			 entered into between a License Applicant and a Host Community that complies
			 with 935 CMR 500.180;
9. Documentation that the applicant has
			 conducted a community outreach meeting consistent with the Commission's
			 Guidance for License Applicants on Community Outreach within the six months
			 prior to the application. Documentation shall include:
a. Copy of a notice of the time, place and
			 subject matter of the meeting, including the proposed address of the Marijuana
			 Establishment, that was published in a newspaper of general circulation in the
			 city or town at least 14 calendar days prior to the meeting;
b. Copy of the meeting notice filed with the
			 city or town clerk, the planning board, the contracting authority for the
			 municipality and local cannabis licensing authority, if applicable;
c. Attestation that at least one meeting was
			 held within the municipality where the establishment is proposed to be
			 located;
d. Attestation that at
			 least one meeting was held after normal business hours;
e. Attestation that notice of the time, place
			 and subject matter of the meeting, including the proposed address of the
			 Marijuana Establishment, was mailed at least seven calendar days prior to the
			 community outreach meeting to abutters of the proposed address of the Marijuana
			 Establishment, and residents within 300 feet of the property line of the
			 petitioner as they appear on the most recent applicable tax list,
			 notwithstanding that the land of any such Owner is located in another city or
			 town;
f. Information presented at
			 the community outreach meeting, which shall include, but not be limited to:
i. The type(s) of Marijuana Establishment to
			 be located at the proposed address;
ii. Information adequate to demonstrate that
			 the location will be maintained securely;
iii. Steps to be taken by the Marijuana
			 Establishment to prevent diversion to minors;
iv. A plan by the Marijuana Establishment to
			 positively impact the community;
v.
			 Information adequate to demonstrate that the location will not constitute a
			 nuisance as defined by law; and
vi.
			 An attestation that community members were permitted to ask questions and
			 receive answers from representatives of the Marijuana
			 Establishment.
10. A description of plans to ensure that the
			 Marijuana Establishment is or will be compliant with local codes, ordinances,
			 and bylaws for the physical address of the Marijuana Establishment which shall
			 include, but not be limited to, the identification of all local licensing
			 requirements for the adult use of Marijuana;
11. A plan by the Marijuana Establishment to
			 positively impact Areas of Disproportionate Impact, as defined by the
			 Commission, for the purposes established in M.G.L. c. 94G, §
			 4(a½)(iv). The plan shall outline the goals, programs, and measurements
			 the Marijuana Establishment will pursue once licensed. A Licensee may satisfy
			 their positive impact plan requirement, in part, by donating to the Cannabis
			 Social Equity Trust Fund at any time once licensed.
12. In addition to donating to the Cannabis
			 Social Equity Trust Fund, a Licensee may satisfy the remainder of their
			 positive impact plan by complying with one or more of the following:
a. The Licensee has conducted 50 hours of
			 educational seminars targeted to residents of Areas of Disproportionate Impact
			 in one or more of the following: Marijuana cultivation, Marijuana Product
			 manufacturing, Marijuana retailing, or Marijuana business training;
b. The Licensee can demonstrate that a
			 majority of employees have a conviction or continuance without a finding for an
			 offense under M.G.L. c. 94C or an equivalent conviction in Other Jurisdictions;
			 or
c. The Licensee can demonstrate
			 that in a year, at least one percent of its gross revenue or a minimum of 20
			 hours of each staff member's paid time is contributed to supporting persons
			 from communities disproportionately harmed by Marijuana prohibition or an Area
			 of Disproportionate Impact as determined by the Commission.
13. The requisite nonrefundable application
			 fee pursuant to
			 935
			 CMR 500.005; and
14. Any other information required by the
			 Commission.