(1)
Provisional License. On selection by the Commission,
an applicant shall submit the required license fee and subsequently be issued a
provisional license to develop a Marijuana Establishment, in the name of the
entity. Such provisional license shall be subject to reasonable conditions
specified by the Commission, if any.
(a) The
Commission shall review architectural plans for the building or renovation of a
Marijuana Establishment. Construction or renovation related to such plans may
not begin until the Commission has granted approval. Submission of such plans
shall occur in a manner and form established by the Commission including, but
not limited to, a detailed floor plan of the Premises of the proposed Marijuana
Establishment that identifies the square footage available and describes the
functional areas of the Marijuana Establishment, including areas for any
preparation of Marijuana Products, and, if applicable, such information for the
single allowable off-Premises location in Massachusetts where Marijuana will be
cultivated or Marijuana Products will be prepared; and a description of plans
to ensure that the Marijuana Establishment will be compliant with requirements
of the Americans with Disabilities Act (ADA) Accessibility
Guidelines.
(b) To demonstrate
compliance with
935
CMR 500.120(11), a Marijuana
Cultivator applicant shall also submit an energy compliance letter prepared by
a Massachusetts Licensed Professional Engineer or Massachusetts Licensed
Registered Architect with supporting documentation. For a Microbusiness or
Craft Marijuana Cooperative with a cultivation location sized as Tier 1 or Tier
2, compliance with any of the requirements of
935
CMR 500.120 (11) may be demonstrated through
an energy compliance letter prepared by one or more of the following energy
professionals:
1. A Certified Energy Auditor
certified by the Association of Energy Engineers;
2. A Certified Energy Manager certified by
the Association of Energy Engineers;
3. A Massachusetts Licensed Professional
Engineer; or
4. A Massachusetts
Licensed Registered Architect.
(c) A Marijuana Establishment shall construct
its facilities in accordance with 935 CMR 500.000, conditions set forth by the
Commission in its provisional license and architectural review, and any
applicable state and local laws, regulations, permits or licenses.
(d) The Commission may conduct inspections of
the facilities, as well as review all written materials required in accordance
with 935 CMR 500.000.
(e) The
applicable license fee shall be paid within 90 days from the date the applicant
was approved for a provisional license by the Commission. Failure to pay the
applicable license fee within the required time frame shall result in the
license approval expiring. If this occurs, a new license application will need
to be completed pursuant to 935 CMR 500. 101 and will require Commission
approval.
(f) To the extent updates
are required to the information provided for initial licensure, the Marijuana
Cultivator shall submit an updated energy compliance letter prepared by a
Massachusetts Licensed Professional Engineer or Massachusetts Licensed
Registered Architect with supporting documentation, together with a renewal
application submitted under
935
CMR 500.103(4).
(g) Prior to the issuance of a final license,
an Independent Testing Laboratory shall demonstrate compliance with
935
CMR 500.050(7)(a) and
provide to the Commission documentation relating to its
accreditation.
(h) To the extent
that an Applicant for a Delivery Operator License decides, following the
submission of the Application for Provisional Licensure, but prior to receiving
Final Licensure, that the Applicant will engage in White Labeling, the
Applicant shall submit the information required by
935
CMR 500.101(3)(h)4. to the
Commission. The Executive Director shall determine whether the submission
satisfies the requirements of
935
CMR
500.101(3)(h)4.
(2)
Final License.
On completion of all inspections required by the Commission, a Marijuana
Establishment is eligible for a final license. All information described in 935
CMR 500.000 that is not available at the time of submission shall be provided
to and approved by the Commission before Marijuana Establishment may receive a
final license. Such final licenses shall be subject to reasonable conditions
specified by the Commission, if any.
(a) No
person or entity shall operate a Marijuana Establishment without a final
license issued by the Commission.
(b) A provisional or final license may not be
assigned or transferred without prior Commission approval.
(c) A provisional or final license shall be
immediately void if the Marijuana Establishment Ceases to Operate or if,
without the permission of the Commission, it relocates.
(d) Acceptance of a provisional or final
license constitutes an agreement by the Marijuana Establishment that it will
adhere to the practices, policies, and procedures that are described in its
application materials, as well as all relevant laws, regulations, and any
conditions imposed by the Commission as part of licensure.
(e) The Marijuana Establishment shall post
the final license in a conspicuous location on the Premises at each
Commission-approved location.
(f)
The Marijuana Establishment shall conduct all activities authorized by 935 CMR
500.000 at the address(es) identified on the final license issued by the
Commission.
(3) The
Marijuana Establishment shall be operational within the time indicated in
935
CMR 500.101(1)(c)5. or as
otherwise amended through the application process and approved by the
Commission through the issuance of a final license.
(4)
Expiration and Renewal of
Licensure. The Marijuana Establishment's license, as applicable,
shall expire one year after the date of issuance of the provisional license and
annually thereafter, and may be renewed as follows, unless an action has been
taken based on the grounds set forth in
935
CMR 500.450.
(a) No later than 90 calendar days prior to
the expiration date, a Marijuana Establishment shall submit a completed renewal
application to the Commission in a form and manner determined by the
Commission, as well as the required license fee.
(b) The Marijuana Establishment shall submit
as a component of the renewal application a report or other information
demonstrating the establishment's efforts to comply with the plans required
under
935
CMR 500.101(1), including
935
CMR 500.101(1)(a)11. and
935
CMR 500.100(1)(c)8.k., as
applicable. The report shall, at a minimum, have detailed, demonstrative, and
quantifiable proof of the establishment's efforts, progress, and success of
said plans.
(c) A Marijuana
Cultivator engaged in indoor cultivation shall include a report of the
Marijuana Cultivator's energy and water usage over the 12-month period
preceding the date of the application.
(d) To the extent updates are required to the
information provided for initial licensure, the Marijuana Cultivator shall
submit an updated energy compliance letter prepared by a Massachusetts Licensed
Professional Engineer or Massachusetts Licensed Registered Architect with
supporting documentation, together with a renewal application submitted under
935
CMR 500.103(4).
(e) The Marijuana Establishment shall submit
as a component of the renewal application certification of good standing from
the Secretary of the Commonwealth, the DOR, and the DUA. Certificates of good
standing will be valid if issued within 90 days of the submittal of the renewal
application.
(f) The Marijuana
Establishments shall update as needed, and ensure the accuracy of, all
information that it submitted on its initial application for a
license.
(g) The Marijuana
Establishment shall comply with the requirements of
935
CMR 500.104(1) in
accordance with that section separately from the renewal application.
(h) Commission shall issue a renewal license
within 30 days of receipt of a renewal application and renewal license fee to a
Licensee in accordance with M.G.L. c. 94G, § 6, if the Licensee:
1. Is in good standing with the Secretary of
Commonwealth, DOR, and DUA;
2.
Provided documentation demonstrating substantial effort or progress towards
achieving its goals submitted as part of its plans required under
935
CMR 500.101(1), including
935
CMR 500.101(1)(a)11. and
500.101(1)(c)8.k., as applicable; and
3. No new information submitted as part of
the renewal application, or otherwise obtained, presents suitability issues for
any individual or entity listed on the application or license.
(i) All Economic Empowerment
Priority Applicants shall submit, as part of its renewal application, an
attestation in a form and manner determined by the Commission, executed by the
individuals who, through ownership, qualify an applicant or licensee as an
Economic Empowerment Priority Applicant certifying that:
1. Is in good standing with the Secretary of
Commonwealth, DOR, and DUA;
2.
Provided documentation demonstrating substantial effort or progress towards
achieving its goals submitted as part of its plans required under
935
CMR 500.101(1), including
935
CMR 500.101(1)(a)11. and
500.101(1)(c)8.k., as applicable; and
3. No new information submitted as part of
the renewal application, or otherwise obtained, presents suitability issues for
any individual or entity listed on the application or license.
(j) CMO Marijuana Retailers shall
submit the following information pertaining to patient supply of Marijuana:
1. The licensee's policy and the procedures
(
e.g., data points, formulas) relied on to determine what
constitutes a sufficient quantity and variety of Marijuana Products consistent
with 935 CMR
500.140(15); and
2. The licensee's policy and procedures for
determining what qualifies as a reasonable substitution for a medical Marijuana
Product under
935
CMR 500.140(15) and its
policy for communicating reliance on the substitution to patients.
(5) The Commission shall
maintain a publicly available and searchable source of information about all
operating licensees, including Delivery Licensees, on its website.