Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.802 - Suitability Standard for Registration as a Medical Marijuana Treatment Center Agent

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 94G, § 4(a½)(iii), the Commission has established
			 qualifications for licensure and minimum standards for employment that are
			 directly and demonstrably related to the operation of an MTC and similar to
			 qualifications for licensure and employment standards in connection with
			 alcoholic Beverages as regulated under M.G.L. c. 138; provided, that a prior
			 conviction solely for a Marijuana-related offense or for a violation of M.G.L.
			 c. 94C, § 34 shall not disqualify an individual or otherwise affect
			 eligibility for employment or licensure in connection with an MTC, unless the
			 offense involved the distribution of a controlled substance, including
			 Marijuana, to a minor.
(2) For
			 purposes of determining suitability based on background checks in accordance
			 with
			 935 CMR
			 501.030 and
			 501.101.
(a) All conditions, offenses, and violations
			 are construed to include Massachusetts law or like 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 501.802:
Table B
and
			 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 501.802:
Table B
and
			 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. 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, the Suitability Review Committee
			 shall:
1. Consider whether offense(s) or
			 information that would result in a Presumptive Negative Suitability
			 Determination under 935 CMR 501.802:
Table B
and
			 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
.