Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.101 - Application Requirements
Universal Citation: 935 MA Code of Regs 935.500
Current through Register 1531, September 27, 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(a1/2)(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.
(b)
Background Check. Prior to an application being
considered complete, each applicant for licensure shall submit the following
information:
1. The list of individuals and
entities in
935
CMR
500.101(1)(a)1.;
2. Information for each individual identified
in 935 CMR
500.101(1)(a)1. which shall
include:
a. The individual's full legal name
and any aliases;
b. The
individual's address;
c. The
individual's date of birth;
d. A
photocopy of the individual's driver's license or other government-issued
identification card;
e. A CORI
Acknowledgment Form, pursuant to
803
CMR 2.09: Requirements for Requestors
to Request CORI, provided by the Commission, signed by the individual
and notarized;
f. Authorization to
obtain a full set of fingerprints, in accordance with M.G.L. c. 94G, § 21,
and Public Law
92-544, submitted in a form and manner as
determined by the Commission; and
g. Any other authorization or disclosure
deemed necessary by the Commission, for the purposes of conducting a background
check.
3.
Relevant Background Check Information. All Persons and
Entities Having Direct or Indirect Control, and those individuals and entities
contributing 10% or more in the form of a loan, shall provide information
detailing involvement in any of the following criminal, civil, or
administrative matters:
a. A description and
the relevant dates of any criminal action under the laws of the Commonwealth,
or an Other Jurisdiction, whether for a felony or misdemeanor including, but
not limited to, action against any health care facility or facility for
providing Marijuana for medical- or adult-use purposes, in which those
individuals either owned shares of stock or served as board member, Executive,
officer, director or member, and which resulted in conviction, or guilty plea,
or plea of nolo contendere, or admission of sufficient
facts;
b. A description and the
relevant dates of any civil action under the laws of the Commonwealth, or an
Other Jurisdiction including, but not limited to, a complaint relating to any
professional or occupational or fraudulent practices;
c. A description and relevant dates of any
past or pending legal or disciplinary actions in the Commonwealth or any other
state against an entity whom the applicant served as a Person or Entity Having
Direct or Indirect Control, related to the cultivation, Processing,
distribution, or sale of Marijuana for medical- or adult-use
purposes;
d. A description and the
relevant dates of any administrative action with regard to any professional
license, registration, or certification, including any complaint, order,
stipulated agreement or settlement, or disciplinary action, by the
Commonwealth, or like action in an Other Jurisdiction including, but not
limited to, any complaint or issuance of an order relating to the denial,
suspension, or revocation of a license, registration, or
certification;
e. A description and
relevant dates of any administrative action, including any complaint, order or
disciplinary action, by the Commonwealth, or a like action by an Other
Jurisdiction with regard to any professional license, registration, or
certification, held by any Person or Entity Having Direct or Indirect Control,
if any;
f. A description and
relevant dates of actions against a license to prescribe or distribute
controlled substances or legend drugs held by any Person or Entity Having
Direct or Indirect Control that is part of the applicant's application, if any;
and
g. Any other information
required by the Commission.
(c)
Management and Operations
Profile. Each applicant shall submit, with respect to each
application, a response in a form and manner specified by the Commission, which
includes:
1. Detailed information regarding
its business registration with the Commonwealth, including the legal name, a
copy of the articles of organization and bylaws as well as the identification
of any doing-business-as names;
2.
A certificate of good standing, issued within the previous 90 days from
submission of an application, from the Corporations Division of the Secretary
of the Commonwealth;
3. A
certificate of good standing or certificate of tax compliance issued within the
previous 90 days from submission of an application, from the DOR;
4. A certificate of good standing, issued
within the previous 90 days from submission of an application, from the DUA, if
applicable. If not applicable, a written statement to this effect is
required;
5. A proposed timeline
for achieving operation of the Marijuana Establishment and evidence that the
Marijuana Establishment will be ready to operate within the proposed timeline
after notification by the Commission that the applicant qualifies for
licensure;
6. A description of the
Marijuana Establishment's plan to obtain a liability insurance policy or
otherwise meet the requirements of
935
CMR 500.105(10).
7. A detailed summary of the business plan
for the Marijuana Establishment;
8.
A detailed summary of operating policies and procedures for the Marijuana
Establishment which shall include, but not be limited to, provisions for:
a. Security;
b. Prevention of diversion;
c. Storage of Marijuana;
d. Transportation of Marijuana;
e. Inventory procedures;
f. Procedures for quality control and testing
of product for potential contaminants;
g. Personnel policies;
h. Dispensing procedures;
i. Recordkeeping procedures;
j. Maintenance of financial records;
and
k. Diversity plans to promote
equity among people of color, particularly Black, African American, Hispanic,
Latinx, and Indigenous people, women, Veterans, persons with disabilities, and
LGBTQ+ people, in the operation of the Marijuana Establishment. The plan shall
outline the goals, programs, and measurements the Marijuana Establishment will
pursue once licensed.
9.
A detailed description of qualifications and intended training(s) for Marijuana
Establishment Agents who will be employees;
10. The Management and Operation Profile
submitted in accordance with
935
CMR 500.101(1)(c) shall
demonstrate compliance with the operational requirements set forth in
935
CMR 500.105 through
500.145 as
applicable;
11. Disclosure of the
proposed hours of operation, and the names and contact information for
individuals that will be the emergency contacts for the Marijuana
Establishment; and
12. Any other
information required by the Commission.
(d)
Additional Specific
Requirements.
1. In addition to
the requirements set forth in 935 CMR 500.101(1)(c), applicants for a license
to operate a Marijuana Establishment for retail shall also provide, as part of
the Management and Operation Profile packet, a detailed description of the
Marijuana Establishment's proposed plan for obtaining marijuana products from a
licensed Marijuana Establishment(s).
2. In addition to the requirements set forth
in 935 CMR 500.101(1)(c), applicants for a license to operate Marijuana
Establishment for cultivation shall also provide as part of the Management and
Operation Profile packet an operational plan for the cultivation of marijuana,
including a detailed summary of the policies and procedures for
cultivation.
3. In addition to the
requirements set forth in 935 CMR 500.101(1)(c), applicants for a license to
operate a Marijuana Establishment for product manufacturing shall also provide,
as part of the Management and Operation Profile packet:
a. a description of the types and forms of
marijuana products that the Marijuana Establishment intends to
produce;
b. the methods of
production; and
c. a sample of any
unique identifying mark that will appear on any product produced by the
applicant as a branding device.
4. In addition to the requirements set forth
in 935 CMR 500.101(1)(c), applicants for a license to operate a Marijuana
Establishment as a Microbusiness shall also provide, as part of the Application
of Intent, evidence of residency within the Commonwealth for a period of 12
consecutive months prior to the date of application.
5. In addition to the requirements set forth
in 935 CMR 500.101(1)(c), applicants for a license to operate a Marijuana
Establishment as a Craft Marijuana Cooperative shall also provide, as part of
the Application of Intent:
a. Evidence of
residency within the Commonwealth for a period of 12 consecutive months prior
to the date of application;
b.
Evidence of the cooperative's organization as a limited liability company or
limited liability partnership, or a cooperative corporation under the laws of
the Commonwealth;
c. Evidence that
one member has filed a Schedule F tax income form within the past five years;
and;
d. Evidence that the
cooperative is organized to operate consistently with the Seven Cooperative
Principles established by the International Cooperative Alliance in
1995.
(e)
Eligibility as an Economic Empowerment Applicant.
1. An applicant who intends to file an
application for licensure as an Economic Empowerment Applicant shall file, in a
form and manner specified by the Commission, a request for certification as an
Economic Empowerment Applicant. The request for certification shall be in
addition to the requirements included in 935 CMR 500.101(1)(a) through
(d).
2. The request for
certification as an Economic Empowerment Applicant shall be evaluated by the
Commission pursuant to
935 CMR
500.102(l)(b), where an
applicant has demonstrated three or more of the following criteria:
a. A majority of ownership belongs to people
who have lived for five of the preceding ten years in an area of
disproportionate impact, as determined by the Commission;
b. A majority of ownership has held one or
more previous positions where the primary population served were
disproportionately impacted, or where primary responsibilities included
economic education, resource provision or empowerment to disproportionately
impacted individuals or communities;
c. At least 51% of current employees or
subcontractors reside in areas of disproportionate impact and by the first day
of business, the ratio will meet or exceed 75%;
d. At least 51% or employees or
subcontractors have drug-related CORI and are otherwise legally employable in
cannabis enterprises;
e. A majority
of the ownership is made up of individuals from Black, African American,
Hispanic or Latino descent;
f.
Other significant articulable demonstration of past experience in or business
practices that promote economic empowerment in areas of disproportionate
impact.
(2) License Pre-certification Application Process for Economic Empowerment Priority Applicants and Social Equity Program Participants.
(a)
License Applicants controlled by and with majority ownership comprised of
Economic Empowerment Priority Applicants or Social Equity Program Participants
may file a Pre-certification Application. The Pre-certification Application for
licensure shall be in a form and manner specified by the Commission. After
receiving pre-certification by the Commission pursuant to
935
CMR 500.101(2), an applicant
may submit a Provisional License Application. After a License Applicant
receives a Provisional License, the License Applicant shall comply with the
requirements of
935
CMR 500.103.
(b)
Pre-certification
Application. The Pre-certification Application shall consist of
three sections: Application of Intent; Background Check; and Management and
Operations Profile.
1. A License 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.
2. The Commission may
determine a License Applicant to be pre-certified upon finding a License
Applicant has submitted responsive documentation demonstrating a propensity to
successfully operate under a Marijuana Establishment License.
3. Once deemed complete, the Commission
reserves the right to approve or deny the Pre-certification
Application.
4. On approval of the
Pre-certification Application, a License Applicant shall be given a dated
notice of such approval along with a copy of the Pre-certification Application
to the extent permitted by law.
5.
Application materials, including attachments, may be subject to release
pursuant to the Public Records Law, M.G.L. c. 66, § 10 and c. 4, § 7,
cl. 26.
(c)
Application of Intent. An applicant for
pre-certification under
935
CMR 500.101 (2)(c) 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;
2. A disclosure of an interest of each
individual named in the application in any Marijuana Establishment for
licensure in Massachusetts;
3.
Documentation disclosing whether any individual named in the application have
past or present business interests in Other Jurisdictions;
4. The requisite nonrefundable application
fee pursuant to
935
CMR 500.005; and
5. Any other information required by the
Commission.
(d)
Background Check. Each License Applicant for
pre-certification shall submit the following information:
1. The list of individuals and entities in
935
CMR
500.101(1)(a)1;
2.
Relevant Background Check
Information. All Persons and Entities Having Direct or Indirect
Control listed in the Pre-certification Application shall provide information
detailing involvement in any of the following criminal, civil, or
administrative matters:
a. A description and
the relevant dates of any criminal action under the laws of the Commonwealth,
or Other Jurisdictions, whether for a felony or misdemeanor including, but not
limited to, action against any health care facility or facility for providing
Marijuana for medical- or adult-use purposes, in which those individuals either
owned shares of stock or served as board member, Executive, officer, director
or member, and which resulted in conviction, or guilty plea, or plea of
nolo contendere, or admission of sufficient facts;
b. A description and the relevant dates of
any civil action under the laws of the Commonwealth, or Other Jurisdictions
including, but not limited to, a complaint relating to any professional or
occupational or fraudulent practices;
c. A description and relevant dates of any
past or pending legal or disciplinary actions in the Commonwealth or any Other
Jurisdiction against an entity whom the applicant served as a Person or Entity
Having Direct or Indirect Control, related to the cultivation, Processing,
distribution, or sale of Marijuana for medical- or adult-use
purposes;
d. A description and the
relevant dates of any administrative action including any complaint, order,
stipulated agreement or settlement, or disciplinary action, by the
Commonwealth, or like action in an Other Jurisdiction including, but not
limited to:
i. The denial, suspension, or
revocation, or other action with regard to of a professional or occupational
license, registration, or certification or the surrender of a
license;
ii. Administrative actions
with regard to unfair labor practices, employment discrimination, or other
prohibited labor practices; and
iii. Administrative actions with regard to
financial fraud, securities regulation, or consumer
protection.
e. A
description and relevant dates of actions against a license to prescribe or
distribute controlled substances or legend drugs held by any Person or Entity
Having Direct or Indirect Control that is part of the applicant's application,
if any; and
f. Any other
information required by the Commission.
3. Individuals and entities seeking
pre-certification may submit to a Commission initiated background check upon
request in a form and manner determined by the Commission.
(e)
Management and Operations
Profile. Each applicant for pre-certification shall submit, with
respect to each application, a response in a form and manner specified by the
Commission, which includes:
1. A description
of the Marijuana Establishment's plan to obtain a liability insurance policy or
otherwise meet the requirements of
935
CMR 500.105(10);
2. A detailed summary of the business plan
for the Marijuana Establishment;
3.
A detailed summary of operating policies and procedures for the Marijuana
Establishment which shall include, but not be limited to, provisions for:
a. Security, including specific plans for
securing entrances and that all Finished Marijuana and Finished Marijuana
Products are kept out of plain sight and not visible from a public
place;
b. Prevention of
diversion;
c. Where applicable to
Delivery Licensees, procedures to ensure the safe delivery of Finished
Marijuana Products to Consumers and as permitted, to Patients and
Caregivers;
d. Storage of Marijuana
including, but not limited to, disposal procedures for unsold and unconsumed
Marijuana Products;
e.
Transportation of Marijuana;
f.
Inventory procedures, including procedures for reconciling undelivered
Individual Orders at the close of the business day;
g. Procedures for quality control and testing
of product for potential contaminants;
h. Personnel policies;
i. Dispensing procedures, including the
process for how Individual Orders will be filled;
j. Procedures to ensure that Consumers are
not overserved or that individual order delivery limits are adhered
to;
k. procedures to educate
Consumers about risk of impairment and penalties for operating under the
influence;
l. Recordkeeping
procedures;
m. Maintenance of
financial records;
n. Sanitary
practices in compliance with
105 CMR
590.000: State Sanitary Code Chapter X -
Minimum Sanitation Standards for Food Establishments; and
o. A detailed description of qualifications
and intended training(s) for Marijuana Establishment Agents who will be
employees;
4. The
Management and Operation Profile submitted in accordance with
935
CMR 500.101(1)(c) shall
demonstrate compliance with the operational requirements set forth by
incorporation in
935
CMR 500.105 through
500.145 as
applicable;
5. Disclosure of the
proposed hours of operation, and the names and contact information for
individuals that will be the emergency contacts for the Marijuana
Establishment; and
6. Any other
information required by the Commission.
(f)
Provisional License
Application. The provisional license application shall consist of
the three sections of the application, the Application of Intent, Background
Check, and Management and Operations Profile.
1. An applicant may submit a provisional
license application within 24 months of the date of the applicant's
pre-certification approval pursuant to
935
CMR
500.101(2)(b)3.
2. If there has been a material change of
circumstances after the submission of these sections as part of the
Pre-certification Application, the applicant shall revise this information and
attest in a form and manner determined by the Commission.
3. Once all information has been entered into
each section of the application, the application may be submitted. Following
Commission review, the License Applicant will be notified if the application
has been deemed complete or if additional information may be
necessary.
4. Once the Provisional
License application has been submitted, it will be reviewed in the order it was
received pursuant to
935
CMR 500.102(2).
5. The Pre-certification and Provisional
License application combined will be reviewed in accordance with
935
CMR 500.102(1) and
935
CMR 500.102(2).
6. Application materials, including
attachments, may be subject to release pursuant to the Public Records Law,
M.G.L. c. 66, § 10 and c. 4, § 7, cl. 26.
(g)
Application of
Intent. An applicant for licensure under
935
CMR 500.101(2)(g) shall
submit the following as part of the Application of Intent:
1. A list of all Persons or Entities Having
Direct or Indirect Control currently associated with the proposed
establishment. 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 or MTC
application in Massachusetts;
3.
Documentation disclosing whether any individual named in the application have
past or present business interests in Other Jurisdictions;
4. Documentation of a bond or an escrow
account in an amount set by
935
CMR 500.105(16);
5. Identification of the proposed address for
the license;
6. 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 from the Owner evidencing permission to use the
Premises.
7. Disclosure
and 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.
8.
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;
9. 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;
a. 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.
b.
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. In addition
to this requirement, the host community shall state that they have accepted the
Social Consumption Establishment applicant's plans to:
i. Mitigate noise;
ii. Mitigate odor; and
iii. Comply with outdoor smoking laws,
ordinances, or bylaws.
c.
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 any local licensing requirements for social consumption of
the adult use of marijuana;
d. 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.
e. 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:
i. 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;
ii. 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
iii. 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.
f. Any other information required by the
Commission.
(h)
Background
Check. Each applicant for licensure shall submit complete
background check application information in compliance with the provisions of
935
CMR 500.101(2)(d);
1. Each applicant for licensure shall submit
the list of individuals and entities in
935
CMR 500.101(1)(b)2. and
500.101(2)(d)1.
2. The applicant
shall resubmit the information required under
935
CMR 500.101 (1)(b) if there has been a
material change of circumstances including, but not limited to, a change in the
list of individuals and entities identified above.
(i)
Management and Operations
Profile. Each applicant for licensure shall submit, with respect
to each application, a response in a form and manner specified by the
Commission, which includes:
1. Detailed
information regarding its business registration with the Commonwealth,
including the legal name, a copy of the articles of organization and bylaws as
well as the identification of any doing-business-as names;
2. A certificate of good standing, issued
within the previous 90 days from submission of an application, from the
Corporations Division of the Secretary of the Commonwealth;
3. A certificate of good standing or
certificate of tax compliance issued within the previous 90 days from
submission of an application, from the DOR;
4. A certificate of good standing, issued
within the previous 90 days from submission of an application, from the DUA, if
applicable. If not applicable, a written statement to this effect is
required;
5. A proposed timeline
for achieving operation of the Marijuana Establishment and evidence that the
Marijuana Establishment will be ready to operate within the proposed timeline
after notification by the Commission that the applicant qualifies for
licensure;
6. A diversity plan to
promote equity among people of color, particularly Black, African American,
Hispanic, Latinx, and Indigenous people, women, Veterans, persons with
disabilities, and LGBTQ+ people, in the operation of the Marijuana
Establishment. The plan shall outline the goals, programs, and measurements the
Marijuana Establishment will pursue once licensed.
(j) The Executive Director of the Commission
may approve, provided the Executive Director gives the Commission timely notice
of his decision:
1. Applications for Delivery
Pre-Certification;
2. Applications
and authorization to commence operations for Delivery Endorsements pursuant to
935
CMR 500.050(5) for licensed
Marijuana Microbusinesses that have complied with Commission requirements
pertaining to delivery operations.
(3) Additional Specific Requirements.
(a)
Additional Requirements for Cultivators. In addition
to the requirements for the Management and Operations Profile set forth in
935
CMR 500.101(1)(c),
applicants for a license to operate Marijuana Establishment for cultivation
shall also provide as part of the Management and Operation Profile packet an
operational plan for the cultivation of Marijuana, including a detailed summary
of the policies and procedures for cultivation, consistent with state and local
law including, but not limited to, the Commission's Guidance on Integrated Pest
Management.
(b)
Additional Requirements for Craft Marijuana
Cooperatives. In addition to the requirements for the Application
of Intent and the Management and Operations Profile set forth in
935
CMR 500.101(1)(a) and (c),
applicants for a license to operate a Marijuana Establishment as a Craft
Marijuana Cooperative shall provide:
1. As
part of the Application of Intent:
a.
Evidence of residency within the Commonwealth for a period of 12 consecutive
months prior to the date of application;
b. Evidence of the cooperative's organization
as a limited liability company or limited liability partnership, or a
cooperative corporation under the laws of the Commonwealth;
c. Evidence that one Member has filed a
Schedule F (Form 1040), Profit or Loss from Farming, within the past five
years; and
d. Evidence that the
cooperative is organized to operate consistently with the Seven Cooperative
Principles established by the International Cooperative Alliance in
1995.
2. As part of the
Management and Operations Profile:
a. The plan
required of Cultivators pursuant to
935
CMR 500.101(3)(a);
and
b. The plan(s) and
documentation required of Marijuana Product Manufacturers pursuant to
935
CMR 500.101(3)(c), as
applicable.
(c)
Additional Requirements for
Marijuana Product Manufacturers. In addition to the requirements
for the Management and Operations Profile set forth in
935
CMR 500.101(1)(c),
applicants for a license to operate a Marijuana Establishment for Product
Manufacturing shall also provide, as part of the Management and Operation
Profile packet:
1. A description of the types,
forms and shapes, colors, and flavors of Marijuana Products that the Marijuana
Establishment intends to produce;
2. The methods of production;
3. A safety plan for the Manufacture and
production of Marijuana Products including, but not limited to, sanitary
practices in compliance with
105 CMR
590.000: State Sanitary Code Chapter X -
Minimum Sanitation Standards for Food Establishments.
4. A sample of any unique identifying mark
that will appear on any product produced by the applicant as a branding device;
and
5. A detailed description of
the Marijuana Establishment's proposed plan for obtaining Marijuana from a
licensed Marijuana Establishment(s).
(d)
Additional Requirements for
Microbusinesses. In addition to the requirements for the
Application of Intent and the Management and Operations Profile set forth in
935
CMR 500.101(1)(a) and (c),
applicants for a license to operate a Marijuana Establishment as a
Microbusiness shall also provide:
1. As part
of the Application of Intent, evidence of residency within the Commonwealth for
a period of 12 consecutive months prior to the date of application;
2. As part of the Management and Operations
Profile, the same plans required of Marijuana Cultivators pursuant to
935
CMR 500.101(3)(a), Marijuana
Product Manufacturers pursuant to
935
CMR 500.101(3)(c), and in
the case of a Delivery Endorsement, Retailers pursuant to
935
CMR 500.101(3)(e) to the
extent that these requirements implicate retail sales involving
delivery.
(e)
Additional Requirements for Retailers. In addition to
the requirements for the Management and Operations Profile set forth in
935
CMR 500.101(1)(c),
applicants for a license to operate a Marijuana Establishment for retail shall
also provide, as part of the Management and Operation Profile packet, a
detailed description of the Marijuana Establishment's proposed plan for
obtaining Marijuana Products from a licensed Marijuana
Establishment(s).
(f)
Additional Requirements for Independent Testing
Laboratories. In addition to the requirements for the Management
and Operations Profile set forth in
935
CMR 500.101(1)(c),
applicants for a license to operate an Independent Testing Laboratory may
provide, as part of the Management and Operations Profile packet, documentation
demonstrating accreditation that complies with
935
CMR 500.050(7)(a). If unable
to demonstrate accreditation prior to provisional licensure, the applicant
shall demonstrate accreditation prior to final licensure.
(g)
Additional Requirements for
Marijuana Courier Applicants. In addition to the requirements set
forth in
935
CMR 500.101(2) applicants to
operate under a Marijuana Courier license shall also provide the following:
1. As part of the Pre-certification
application, a delivery plan that demonstrates compliance with
935
CMR 500.145.
2. As part of the Provisional License
application, information and documentation regarding any agreement, and the
agreement if applicable, with a Marijuana Retailer or MTC and/or Third-party
Technology Platform pursuant to
935
CMR
500.145(1)(g).
(h)
Additional Requirements for
Delivery Operator Applicants. In addition to the requirements set
forth in
935
CMR 500.101(2), applicants
to operate under a Delivery Operator License shall also provide the following:
1. As part of the Pre-certification
application, a delivery plan that demonstrates compliance with
935
CMR 500.145 and
500.146.
2. As part of the Pre-certification
application, a plan to obtain Marijuana and Marijuana Products.
3. As part of the Provisional License
application, information and documentation regarding any agreements with
Third-party Technology Platforms pursuant to
935
CMR 500.145(1)(g).
4. As part of the Provisional License
application, a detailed plan for White Labeling, if applicable, which shall
include:
a. An image of the logo and name to
be used as part of the label;
b. An
indication of whether the applicant intends the label to be Affixed by the
Applicant or by Marijuana Establishments with which the Applicant intends to
enter into Wholesale Agreements; and
c. Identification of the Marijuana
Establishments from which the Applicant anticipates entering into Wholesale
Agreements, if known. If unknown at the time of Provisional License
application, the Applicant shall be required to identify the Marijuana
Establishments prior to Final Licensure.
5. Applicants for Delivery Operator Licenses
shall comply with the requirements of
935
CMR
500.103(1)(h).
(i)
Additional Requirements for
Social Consumption Establishment Applicants. In addition to the
requirements set forth in
935
CMR 500.101(2) applicants
for a license to operate a Social Consumption Establishment shall also provide
the following summaries of policies and procedures as part of their
Pre-certification application:
1. Prevention
of a Consumer from bringing Marijuana or Marijuana Products, Marijuana
Accessories onto the Premises that have not been obtained from the Social
Consumption Establishment, including policies for ensuring Marijuana
Accessories brought on-site, if permitted, do not contain Marijuana or
Marijuana Products not obtained from the Social Consumption
Establishment;
2. Procedural and
operational plans to ensure the Marijuana Establishment makes a diligent effort
to assist Consumers who may be impaired in finding means of transportation and
that explain how the plans are adequately tailored to the region in which the
establishment is located;
3. If
vaporization or other nonsmoking forms of consumption involving heat are
permitted indoors, procedures and building plans or schematic to ensure that:
a. The area(s) in which consumption involving
heat takes place are isolated from the other areas, separated by walls and a
secure door, with access only from the Social Consumption
Establishment;
b. Employees have
access to a smoke-free, vapor-free area where they may monitor the consumption
area from a smoke-free, vapor-free area;
c. A ventilation system directs air from the
consumption area to the outside of the building through a filtration system
sufficient to remove vapor, consistent with all applicable building codes and
ordinances, and adequate to eliminate odor at the property line;
4. Procedures to ensure no sales
occur within the consumption area;
5. Employees shall monitor the consumption
from a smoke-free, vapor-free area including, but not limited to, an employee
monitoring the exit of the Marijuana Establishment;
6. Procedures to ensure that smoking as
defined by M.G.L. c. 270, § 22 is prohibited
indoors.
(4) MTC Priority Applicants. An MTC Priority Applicant shall be granted priority review of its application for a Marijuana Establishment license that is colocated with and for the same type of licensed activity (Marijuana Cultivator, Product Manufacturer or Retailer) as the MTC (formerly, RMD) license which was the basis for its priority review status certified by the Commission.
(a) The MTC
license, for which priority review status was certified by the Commission,
shall be active at the time the Marijuana Establishment application is
submitted in order to receive priority review for that application.
(b) An MTC Priority Applicant shall be
eligible for priority review of only its application for a Marijuana
Establishment license that is:
1. Colocated
with the MTC whose Certificate of Registration was the basis for its priority
review status previously certified by the Commission in 2018; and
2. For the same type of licensed activity
(Marijuana Cultivator, Product Manufacturer or Retailer) for which the MTC
received a provisional Certificate of Registration or final Certificate of
Registration that formed the basis of its priority review status certified by
the Commission in 2018.
(5) Expedited Applicants. Following the review of applications submitted by priority applicants, applications submitted by Expedited Applicants shall be reviewed.
(a) The following applicants are
eligible to be considered Expedited Applicants:
1. Social Equity Participants;
2. Marijuana Microbusiness
applicants;
3. Marijuana Craft
Marijuana Cooperative applicants;
4. Independent Testing Laboratory
applicants;
5. Outdoor Marijuana
Cultivator applicants; or
6.
Minority, women, and veteran-owned businesses.
(b)
Eligibility
Criteria
1. Applicants for
Marijuana Microbusinesses, Craft Marijuana Cooperatives, Independent Testing
Laboratories, and Outdoor Marijuana Cultivators are only eligible for expedited
review for those specific applications only and no other type of license
application.
2. A Social Equity
Participant shall possess 10% or more of equity in a proposed ME for the
application to receive expedited review.
3. A minority, woman, and/or veteran-owned
business shall:
a. Disclose this designation
in their license application and either be certified as that specific type of
business with the SDO or submit documentation in a time and manner determined
by the Commission to demonstrate that they have signed up for the SDO's
required business class.
b. Receive
certification as minority, women, and/or veteran-owned business by the SDO
prior to obtaining a final license.
(6) CMO License Requirements. Marijuana Establishment applicants seeking to operate as an MTC shall also comply with the application requirements in 935 CMR 501.000: Medical Use of Marijuana.
(7) Pre-verification and Verification of Social Equity Businesses.
(a) Pre-verification
of Eligibility as a Social Equity Business is applicable to individuals and
entities who, as a business entity, have not been licensed as a Marijuana
Establishment.
1. An individual or entity may
file, in a form and manner specified by the Commission, an application for
Pre-verification of Eligibility as a Social Equity Business. Once the
Commission has confirmed that the application is complete, Commission staff
will review the application to determine whether the individual or entity is
eligible as a Social Equity Business. After making this determination, the
Commission will notify the individual or entity whether it has been determined
to be a pre-verified Social Equity Business.
2. The Commission shall act on an application
for Pre-verification of Eligibility as a Social Equity Business within 30 days
of receipt.
3. Pre-verified Social
Equity Businesses certified by the Commission may request that the Commission
provide confirmation of pre-verified status to a Host Community.
(b) Verification of Eligibility as
a Social Equity Business is applicable to individuals and entities who, as a
business entity, are licensed as a Marijuana Establishment.
1. A Marijuana Establishment may file, in a
form and manner specified by the Commission, an application for Verification of
Eligibility as a Social Equity Business. Once the Commission has confirmed that
the application is complete, Commission staff will review the application to
determine whether the Marijuana Establishment is a Social Equity Business or is
eligible as a Social Equity Business. After making this determination, the
Commission will notify the Marijuana Establishment whether it has been
determined to be a verified Social Equity Business.
2. The Commission shall act on an application
for Verification of Eligibility as a Social Equity Business within 30 days of
receipt.
(c) If there has
been a change in qualifying criteria after the submission of an application, or
after receiving pre-verification, the individual or entity pre-verified or
verified as a Social Equity Business shall revise this information and attest
to the change in a form and manner determined by the Commission. The individual
or entity shall also notify the Host Community of a change in qualifying
criteria to its application or its pre-verified status as a Social Equity
Business, as applicable.
(d) List
to be provided to the Department of Revenue. The Commission shall provide the
Department of Revenue with a list of Social Equity Businesses 30 days within
pre-verification or Verification of Eligibility as a Social Equity Business by
the Commission.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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