Current through Register 1531, September 27, 2024
(1) No
Person shall Produce Hemp or use Hemp Stock for Production or Research without
first obtaining a License from the Department.
(a) A Person may apply for either a License
for Production or a License for Research. No Person may apply for both a
Production and Research License during the same licensing period.
(b) All Licenses are
nontransferable.
(c) Hemp
cultivated for Research shall not result in the Production of Hemp or
Hemp-derived products.
(d) All
Research shall be conducted in accordance with
Pub. L. No.
115-334 and 7 CFR Part 990, as amended. If a
Research Licensee intends to engage in Production, they must first apply for
and obtain a Production License and comply with all the requirements for
Production. No Person shall hold both a Production and Research License during
the same licensing period.
(2)
New License Applications and
Fees.
(a) A Person shall submit a
License application for either Production or Research on a form prescribed by
the Department requesting information as set forth for Production in 330 CMR
32.03(5) or Research as set forth in 330 CMR 32.03(6).
(b) Each License shall contain a License
number issued by the Department and a written finding by the Commissioner that
the requirements of M.G.L. c. 128, §§ 116 through 123 have been
satisfied and that issuing the License is in the best interest of the
Commonwealth. In determining whether issuing a License is in the best interest
of the Commonwealth, the Commissioner shall presume that this standard is
satisfied provided the Applicant is not disqualified for failing to meet the
requirements set forth in 330 CMR 32.03(4).
(c) New License applications may be submitted
to the Department between January 1stand April
30th.
(d) An application for a License shall be
accompanied by a nonrefundable application fee and shall not be deemed complete
and shall not be reviewed until such time as the fee has been paid.
(e) If an application for a License is
approved, the Licensee will be required to pay a License fee established by the
Department prior to the issuance of any License. A License will not be granted
until such time as the Licensee has paid the fee.
(f) A License shall be issued on an annual
basis and shall expire on December 31st of the year
in which it was issued unless earlier suspended, modified, or revoked by the
Department.
(g) The Licensee shall
keep the License, or a copy, at all Sites operated under the License.
(h) Upon issuance, modification, suspension
or revocation of any License, the Department shall provide a copy of the
License or documentation of suspension or revocation to the municipality in
which Production or Research of Hemp will occur. Such notice shall be provided
to the municipality's chief elected official and police department, as well as
the state police barracks whose patrol area includes that
municipality.
(i) The Licensee
shall promptly notify the Department in writing of any substantial change to
information required by 330 CMR 32.03(2). Substantial change may include, but
not be limited to, the following:
1. change
of contact information (mailing address, email address, phone
number);
2. change in size or
location of the Site(s);
3.
addition of Sites; or
4. change of
land ownership. Any such change in land ownership may require proof of
permission to use or continue to use the land subject to the License.
(3)
License
Renewals and Fees.
(a) Licenses
may be renewed by submitting a renewal application and nonrefundable renewal
fee between October 1stand December
1stof the calendar year in which the License
expires.
(b) Licenses will not be
renewed unless the Licensee has submitted the end-of-year report required by
the Department under 330 CMR 32.04(3)(d).
(c) Renewal applications that are not
received by the Department by December 1st may still
be submitted until April 30th of the following year
but may be assessed an additional late fee.
(4)
License Denials, Suspensions
and Revocations.
(a) A License or
renewal shall be denied if it fails to satisfy the minimum qualifications for
licensure pursuant to M.G.L. c. 128, §§ 116 through 123; or
(b) For good cause shown. Good cause for
denial of a License shall include, but not be limited to, the following:
1. A Person convicted of a felony relating to
a controlled substance under any state or federal law. Such Person shall be
ineligible to apply for a License for a period of ten years from the date of
the conviction.
2. Any Applicant
who does not satisfy the requirements of 330 CMR 32.00,
Pub.
L. No. 115-134, as amended, or 7 CFR 990, as
amended.
3. Any person who
materially falsifies any information contained in a License application
including, but not limited to, the license application and accompanying
documents, reports, or who makes fraudulent statements to inspectors.
(c) A License may be suspended or
revoked for failure to comply with M.G.L. c. 128, §§ 116 through 123
or as otherwise set forth in 7 CFR Part 990, as amended.
(d) Any Applicant denied a License or whose
License has been suspended or revoked may appeal pursuant to 330 CMR
32.09.
(5)
Production License. A complete application for a
Production License, including renewal, shall be submitted to the Department on
a Department-approved form. The application shall contain, at a minimum, the
following information:
(a) Full name, mailing
address, and contact information, including email address, for the Applicant;
and, if the Applicant is a business entity, the full name of the business; the
principal business location address; full name, title, and e-mail address of
the Key Participants; and employer identification number (EIN) of the
business;
(b) Name and address of
the proposed Hemp Production Site(s);
(c) Description of the Site(s), which shall
include the street address or parcel identification number if no street address
is available;
(d) GPS coordinates
provided in decimal degrees taken at the approximate center of the
Site(s);
(e) A map of the proposed
Site(s) illustrating clear boundaries and locality of the Site(s);
(f) If Hemp is to be planted in a field, the
area in acres of each field;
(g) If
Hemp is to be planted in a greenhouse or other building, the approximate
dimensions or square footage of the Production area;
(h) An Identity History Summary for all Key
Participants dated within 60 days prior to the application submission
date;
(i) Written assurance by the
Applicant that the Applicant will comply with 330 CMR 32.00,
Pub.
L. No. 115-134, as amended, and 7 CFR Part 990, as
amended;
(j) Written consent by the
Applicant to the Department to conduct both scheduled and unannounced
inspections, sampling, and testing; and
(k) Any other information that the Department
may require.
(6)
Research License. A complete application for a
Research License, including renewal, shall be submitted to the Department on a
Department-approved form. The application shall contain, at a minimum, the
following information:
(a) Full name, mailing
address, and contact information, including email address, for the
individual(s) charged with overseeing the Research;
(b) The name and location address of the
Research Institution; and
(c) A
letter of endorsement from the Research Institution;
(d) The location and description of each Site
at which Research shall take place, which shall include the street address or
parcel identification number if no street address is available, and GPS
coordinates provided in decimal degrees taken at the approximate center of the
Site;
(e) A map of the proposed
Site(s) illustrating clear boundaries and locality of the Site(s);
(f) If Hemp is to be planted in a field, the
area in acres of each field;
(g) If
Hemp is to be planted in a greenhouse or other building, the approximate
dimensions or square footage of the Production area;
(h) A description of the type of Research to
be conducted that includes a plan that clearly defines:
1. Research objectives.
2. Planting and Harvest plans.
3. Sampling methods that comply with 7 CFR
Part 990, as amended.
4. Plans for
Crop Remediation and disposals that comply with 7 CFR Part 990, as
amended.
5. Plans for Crop
reporting that comply with 330 CMR 32.04 and 7 CFR Part 990, as
amended.
(i) A statement
that all Hemp used for conducting Research will either be grown as part of the
Research or will be obtained from a Producer duly authorized by USDA, the
Commonwealth or another government entity approved by USDA to exercise primary
regulatory authority over Hemp;
(j)
An Identity History Summary for all Key Participants charged with overseeing
the Research dated within 60 days prior to the application submission
date;
(k) Written assurance by the
Applicant that the Applicant will comply with 330 CMR 32.00,
Pub.
L. No. 115-134, as amended, and 7 CFR Part 990, as
amended;
(l) Written assurance by
the Applicant that Hemp produced for Research shall not enter the stream of
commerce and shall be destroyed once the Research is completed;
(m) Written consent by the Applicant to the
Department to conduct both scheduled and unannounced inspections, sampling, and
testing; and
(n) Any other
information that the Department may require.
(7) No Licensee shall offer or sell
unprocessed, raw, or viable plant material, including the flower, except as
follows:
(a) To a Person Licensed under 330
CMR 32.03;
(b) To a Person licensed
as a processor pursuant to M.G.L. c. 128, § 118;
(c) To a Person Licensed by USDA, or under a
state or Tribe authorized to issue a license under a plan approved by 7 CFR
Part 990, as amended; or
(d) As
authorized by M.G.L. c. 94G, § 12 to a Person licensed by the Cannabis
Control Commission and in accordance with any guidance or regulation
promulgated by the Cannabis Control Commission.