Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.104 - Notification and Approval of Changes

Current through Register 1525, July 5, 2024
(1) Prior to making the following changes,
			 the Marijuana Establishment shall submit a request for such change to the
			 Commission and pay the appropriate fee. No such change shall be permitted until
			 approved by the Commission or in certain cases, the Commission has delegated
			 authority to approve changes to the Executive Director. Failure to obtain
			 approval of such changes may result in a license being suspended, revoked, or
			 deemed void.
(a)
Location
			 Change
. Prior to changing its location, a Marijuana Establishment
			 shall submit a request for such change to the Commission.
(b)
Ownership or Control
			 Change
.
1.
Ownership
			 Change
. Prior to any change in ownership, where an Equity Holder
			 acquires or increases its ownership to 10% or more of the equity or contributes
			 10% or more of the initial capital to operate the Marijuana Establishment,
			 including capital that is in the form of land or buildings, the Marijuana
			 Establishment shall submit a request for such change to the
			 Commission.
2.
Control
			 Change
. Prior to any change in control, where a new Person or
			 Entity Having Direct or Indirect Control should be added to the license, the
			 Marijuana Establishment shall submit a request for such change to the
			 Commission prior to effectuating such a change. An individual, corporation, or
			 entity shall be determined to be in a position to control the decision-making
			 of a Marijuana Establishment if the individual, corporation, or entity falls
			 within the definition of Person or Entity Having Direct or Indirect
			 Control.
3.
Priority
			 Applicants Change in Ownership or Control
.
a. Economic Empowerment Priority Applicants
			 shall notify the Commission of any change in ownership or control, regardless
			 of whether such change would require the applicant to seek approval pursuant to
			 935
			 CMR 500.104(1)(b)1. and
			 2.
b. When an Economic Empowerment
			 Priority Applicant notifies the Commission of any change in ownership or
			 control, the Commission shall review anew the applicant's eligibility for
			 economic empowerment certification status.
c. When an Economic Empowerment Priority
			 Applicant implicates the approval process established in
			 935
			 CMR 500.104(1)(b)1. and 2.,
			 the applicant shall seek approval by the Commission of a change in ownership or
			 control, and shall undergo the approval process provided therein prior to
			 making a change in ownership or control.
i. In
			 order to maintain its status as an Economic Empowerment Priority Applicant, the
			 Economic Empowerment Priority Applicant in its submission shall demonstrate
			 that it continues to qualify as an Economic Empowerment Priority Applicant, as
			 defined in
			 935
			 CMR 500.002.
ii. If the qualifications are no longer are
			 met subsequent to the approved change, the applicant will no longer be
			 certified as an Economic Empowerment Priority Applicant and will no longer
			 receive any benefits stemming from that designation.
iii. The applicant may still seek approval of
			 a change of ownership or control.
(c)
Structural
			 Change
. Prior to any modification, remodeling, expansion,
			 reduction or other physical, non-cosmetic alteration of the Marijuana
			 Establishment, the establishment shall submit a request for such change to the
			 Commission.
(d)
Name
			 Change
. Prior to changing its name, the Marijuana Establishment
			 shall submit a request for such change to the Commission. Name change requests,
			 and prior approval, shall apply to an establishment proposing a new or amending
			 a current doing-business-as name.
(e)
Court Supervised
			 Proceedings
. Notification and approval requirements with respect
			 to Court Appointees and Court Supervised Proceedings are detailed in
			 935
			 CMR
			 500.104(3).