Current through Register 1531, September 27, 2024
(1) In addition to
the general operational requirements for Marijuana Establishments required
under
935
CMR 500.105 and security requirements
provided in
935 CMR
500.110, Marijuana Cultivators shall comply
with additional operational requirements required under 935 CMR
500.120.
(2) A Marijuana Cultivator
may cultivate its own Marijuana or acquire Marijuana from other Marijuana
Establishments for the purposes of Propagation. Prior to commencing operations,
Marijuana Cultivators shall disclose all growing media and plant nutrients
intended to be used during the cultivation process. In all instances, Marijuana
Cultivators shall disclose all growing media and plant nutrients used for
cultivation upon request.
(3) Only
a licensed Marijuana Cultivator or Microbusiness is permitted to cultivate
Marijuana for adult use for sale to Marijuana Establishments.
(4) All phases of the cultivation,
Processing, and packaging of Marijuana by a Marijuana Cultivator shall take
place in a designated Limited Access Area where Marijuana is not visible from a
public place without the use of binoculars, aircraft or other optical aids.
Marijuana is not visible if it cannot be reasonably identified.
(5) Application of Pesticides shall be
performed in compliance with M.G.L. c. 132B and the regulations promulgated at
333 CMR
2.00 through
14.00. Any testing results
indicating noncompliance shall be immediately reported to the Commission, who
may refer any such result to the MDAR.
(6) A Marijuana Cultivator selling or
otherwise transferring Marijuana to another Marijuana Establishment shall
provide documentation of its compliance, or lack thereof, with the testing
requirements of
935 CMR
500.160.
(7) A Marijuana Cultivator may label
Marijuana and Marijuana Products with the word "organic" only if all
cultivation is consistent with US Department of Agriculture organic
requirements at 7 CFR 205: National Organic Program and
consistent with MDAR requirements for Pesticide usage;
(8) Soil for cultivation shall meet federal
standards identified by the Commission including, but not limited to, the U.S.
Agency for Toxic Substances and Disease Registry's Environmental Media
Evaluation Guidelines for residential soil levels.
(9) The cultivation process shall use best
practices to limit contamination including, but not limited to, mold, fungus,
bacterial diseases, rot, pests, Pesticides not in compliance with 935 CMR
500.120(5) for use on Marijuana, mildew, and any other contaminant identified
as posing potential harm. Best practices shall be consistent with state and
local law including, but not limited to, the Commission's Guidance on
Integrated Pest Management.
(10)
Any application of plant nutrient to land used for the cultivation of Marijuana
shall comply with St. 2012, c. 262, as amended by St. 2013, c. 118, § 26,
and
330 CMR 31.00: Plant
Nutrient Application Requirements for Agricultural Land and Non-agricultural
Turf and Lawns.
(11) A
Marijuana Cultivator shall satisfy minimum energy efficiency and equipment
standards established by the Commission and meet all applicable environmental
laws, regulations, permits and other applicable approvals including, but not
limited to, those related to water quality and quantity, wastewater, solid and
hazardous waste management, and air pollution control, including prevention of
odor and noise pursuant to
310 CMR
7.00: Air Pollution Control as a
condition of obtaining a final license under
935 CMR 500.103(2)
and as a condition of renewal under
935 CMR
500.103(4). A Marijuana
Cultivator shall adopt and use additional best management practices as
determined by the Commission, in consultation with the working group
established under St. 2017, c. 55, § 78(b) or applicable departments or
divisions of the EOEEA, to reduce energy and water usage, engage in energy
conservation and mitigate other environmental impacts, and shall provide energy
and water usage reporting to the Commission in a form determined by the
Commission. Each license renewal application under
935 CMR 500.103(4)
shall include a report of the Marijuana
Cultivator's energy and water usage over the 12-month period preceding the date
of application. Marijuana Cultivators shall be subject to the following minimum
energy efficiency and equipment standards:
(a) The building envelope for all facilities,
except Greenhouses, shall meet minimum Massachusetts Building Code requirements
and all Massachusetts amendments (780 CMR: Massachusetts Amendments to
the International Building Code 2009), International Energy
Conservation Code (IECC) Section C402 or The American Society of Heating,
Refrigerating and Air-conditioning Engineers (ASHRAE) Standard 90.1 Sections
5.4 and 5.5 as applied or incorporated by reference in 780 CMR:
Massachusetts Amendments to the International Building Code
2009, except that facilities using existing buildings may demonstrate
compliance by showing that the envelope insulation complies with code minimum
standards for Type Factory Industrial F-1, as further defined in guidelines
issued by the Commission.
(b)
Lighting used for Cannabis cultivation shall meet one of the following
compliance requirements:
1. Horticulture
Lighting Power Density may not exceed 36 watts per square foot, except for Tier
1 and Tier 2 which may not exceed 50 watts per square foot; or
2. All horticultural lighting used in a
facility is listed on the current Design Lights Consortium Solid-state
Horticultural Lighting Qualified Products List ("Horticultural QPL") or other
similar list approved by the Commission as of the date of license application,
and lighting Photosynthetic Photon Efficacy (PPE) is at least 15% above the
minimum Horticultural QPL threshold rounded up to the nearest 0.1 µmol/J
(micromoles per joule).
3. A
facility seeking to use horticultural lighting not included on the
Horticultural QPL or other similar list approved by the Commission shall seek a
waiver pursuant to
935 CMR 500.850 and
provide documentation of third-party certification of the energy efficiency
features of the proposed lighting. All facilities, regardless of compliance
path, shall provide third-party safety certification by an OSHA NRTL or
SCC-recognized body, which shall certify that products meet a set of safety
requirements and standards deemed applicable to horticultural lighting products
by that safety organization.
(c) Heating Ventilation and Air Condition
(HVAC) and dehumidification systems shall meet Massachusetts Building Code
requirements and all Massachusetts amendments (780 CMR: Massachusetts
Amendments to the International Building Code 2009), IECC Section C403
or ASHRAE Chapter 6 as applied or incorporated by reference in (780 CMR:
Massachusetts Amendments to the International Building Code
2009). As part of the documentation required under 935 CMR
500.120(11)(b), a Marijuana Cultivator shall provide a certification from a
Massachusetts Licensed Mechanical Engineer that the HVAC and dehumidification
systems meet Massachusetts building code as specified in 935 CMR 500.120(11)(c)
and that such systems have been evaluated and sized for the anticipated loads
of the facility.
(d) Safety
protocols shall be established and documented to protect workers, Consumers, or
Visitors (e.g., eye protection near operating Horticultural
Lighting Equipment).
(e)
Requirements in 935 CMR 500.120(11)(b) and (c) shall not be required if an
indoor Marijuana Cultivator is generating 80% or more of the total annual
on-site energy use for all fuels (expressed on a MWh basis) from an on-site
clean or renewable generating source, or renewable thermal generation, as
provided in M.G.L. c. 25A § 11F and 11F1/2. Additionally, the
Marijuana Establishment shall document that renewable energy credits or
alternative energy credits representing the portion of the Licensee's energy
usage not generated onsite have been purchased and retired on an annual
basis.
(f) Prior to final
licensure, a Marijuana Cultivator Licensee shall demonstrate compliance with
935 CMR 500.120(11), by submitting an energy compliance letter prepared by a
Massachusetts Licensed Professional Engineer or Massachusetts Licensed
Registered Architect with supporting documentation, together with submission of
building plans under
935 CMR
500.103. For a Microbusiness or Craft
Marijuana Cooperative with a cultivation location sized as Tier 1 or Tier 2, or
such other Marijuana Cultivators that have been granted a waiver under
935 CMR 500.850,
compliance with any of the requirements of 935 CMR 500.120(11) may be
demonstrated through an energy compliance letter or updated 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.
(g) A CMO with a final Certificate of
Licensure issued before November 1, 2019 shall have until July 1, 2020 to
comply with 935 CMR 500.120(11), except that any additions to or renovations to
a facility shall comply with 935 CMR 500.120(11). A CMO subject to 935 CMR
500.120(11)(g) may apply for an additional six-month extension if it agrees to
install meters to monitor energy usage, water usage and other data determined
by the Commission as necessary in order to provide reports on energy usage,
water usage, waste production and other data in a form and manner determined by
the Commission.
(h) For purposes of
935 CMR 500.120(11), the following terms shall have the following meanings:
1. Horticultural Lighting Equipment (HLE)
means any lighting equipment (e.g., fixtures, bulbs, ballasts,
controls, etc.) that uses energy for the cultivation of
plants, at any stage of growth (e.g., germination,
cloning/Mother Plants, Propagation, Vegetation, Flowering, and
harvest).
2. Horticulture Lighting
Square Footage (HLSF) means an area to be calculated in square feet and
measured using clearly identifiable boundaries of all areas(s) that will
contain plants at any point in time, at any stage of growth, including all of
the space(s) within the boundaries, HLSF may be noncontiguous, but each unique
area included in the total HLSF calculations shall be separated by an
identifiable boundary which includes, but is not limited to: interior walls,
shelves, Greenhouse walls, hoop house walls, garden benches, hedge rows,
fencing, garden beds, or garden plots. If plants are being cultivated using a
shelving system, the surface area of each level shall be included in the total
HLSF calculation.
3. Lighting Power
Density (HLPD) means a measure of total watts of Horticultural Lighting
Equipment per total Horticulture Lighting Square Footage, (HLE / HLSF = HLPD)
expressed as number of watts per square foot.
(12) In addition to the written operating
policies required under
935
CMR 500.105(1), a Marijuana
Cultivator, including CMO Marijuana Cultivators and MTCs, shall maintain
written policies and procedures for the cultivation, production, Transfer or
distribution of Marijuana, as applicable, which shall include, but not be
limited to:
(a) Methods for identifying,
recording, and reporting diversion, theft, or loss, for correcting all errors
and inaccuracies in inventories, and for maintaining accurate inventory. The
policies and procedures, at a minimum, shall comply with
935
CMR 500.105(8);
(b) Policies and procedures for handling
voluntary and mandatory recalls of Marijuana. Such procedures shall be adequate
to deal with recalls due to any action initiated at the request or order of the
Commission, and any voluntary action by a Marijuana Establishment to remove
defective or potentially defective Marijuana from the market, as well as any
action undertaken to promote public health and safety;
(c) Policies and procedures for ensuring that
any outdated, damaged, deteriorated, mislabeled, or contaminated Marijuana is
segregated from other Marijuana and destroyed. Such procedures shall provide
for written documentation of the disposition of the Marijuana. The policies and
procedures, at a minimum, shall comply with
935
CMR 500.105(12);
(d) Policies and Procedures for
Transportation. The policies and procedures, at a minimum, shall comply with
935
CMR 500.105(13);
(e) Policies and procedures to reduce energy
and water usage, engage in energy conservation and mitigate other environmental
impacts. The policies and procedures, at a minimum, shall comply with
935
CMR 500.105(15) and 935 CMR
500.120(11);
(f) Policies and
procedures for ensuring fire safety in cultivation activities including, but
not limited to, the storage and processing of chemicals or fertilizers, in
compliance with the standards set forth in
527 CMR 1.00: The
Massachusetts Comprehensive Fire Safety Code;
(g) Policies and procedures for the Transfer,
acquisition, or sale of Marijuana between Marijuana Establishments;
(h) Policies and procedures for developing
and providing Vendor Samples to a Marijuana Product Manufacturer, a Marijuana
Retailer or a Delivery Operator. Policies and procedures shall include methods
by which the Marijuana Cultivator will adequately track, record, and document
all Vendor Samples developed on, or provided from, the licensed Premises in
satisfaction of 935 CMR 500.120(13);
(i) Policies and procedures for developing
and providing Quality Control Samples to employees for the purpose of ensuring
product quality and determining whether to make the product available to sell.
Policies and procedures shall include methods by which the Marijuana Cultivator
will adequately track, record, and document all Quality Control Samples
developed on, or provided from, the licensed Premises in satisfaction of 935
CMR 500.120(14). Policies and procedures shall further prohibit consumption of
Quality Control Samples on the licensed Premises; and
(j) Policies and procedures for packaging
Marijuana and White Labeling Marijuana Cultivators shall retain all Wholesale
Agreements entered into with Delivery Operators and shall make them available
to the Commission upon request.
(13)
Vendor Samples.
(a) A Marijuana Cultivator may provide a
Vendor Sample of Marijuana flower to a Marijuana Product Manufacturer or to a
Marijuana Retailer. Provision of a Vendor Sample under 935 CMR 500.120(13)
shall not be considered a prohibited practice under
935
CMR
500.105(4)(b)20.
(b) Vendor Samples provided under 935 CMR
500.120(13):
1. May not be consumed on any
licensed Premises;
2. May not be
sold to another licensee or Consumer;
3. Shall be tested in accordance with
935 CMR
500.160; and
4. Shall be transported in accordance with
935
CMR 500.105(13). A Marijuana
Cultivator may include Vendor Samples with other Marijuana flower intended for
transportation to an individual Marijuana Product Manufacturer or an individual
Marijuana Retailer;
(c)
Vendor Sample limits. A Marijuana Cultivator is
limited to providing the following aggregate amount of Vendor Samples to an
individual Marijuana Product Manufacturer or an individual Marijuana Retailer
in a calendar month period: Four grams per strain of Marijuana flower and no
more than seven strains of Marijuana flower.
(d) All Vendor Samples provided by a
Marijuana Cultivator under 935 CMR 500.120(13) shall be assigned a unique,
sequential alphanumeric identifier and entered into the Seed-to-sale SOR in a
form and manner to be determined by the Commission, and further, shall be
designated as "Vendor Sample";
(e)
Vendor Samples provided under 935 CMR 500.120(13) shall have a legible, firmly
Affixed label on which the wording is no less than
1/16 inch in size
containing at minimum the following information:
1. A statement that reads: "VENDOR SAMPLE NOT
FOR RESALE";
2. The name and
registration number of the Marijuana Cultivator;
3. The quantity, net weight, and type of
Marijuana flower contained within the package; and
4. A unique sequential, alphanumeric
identifier assigned to the Cultivation Batch associated with the Vendor Sample
that is traceable in the Seed-to-sale SOR.
(14)
Quality Control
Samples.
(a) A Marijuana
Cultivator may provide a Quality Control Sample of Marijuana flower to its
employees for the purpose of ensuring product quality and determining whether
to make the product available to sell. Provision of a Quality Control Sample
under 935 CMR 500.120(14) shall not be considered a prohibited practice under
935
CMR
500.105(4)(b)20.
(b) Quality Control Samples provided to
employees under 935 CMR 500.120(14):
1. May
not be consumed on the licensed Premises;
2. May not be sold to another licensee or
Consumer; and
3. Shall be tested in
accordance with
935 CMR
500.160.
(c)
Quality Control Sample
Limits. A Marijuana Cultivator is limited to providing the
following aggregate amount of Quality Control Samples to all employees in a
calendar month period: Four grams per strain of Marijuana flower and no more
than seven strains of Marijuana flower.
(d) All Quality Control Samples provided by a
Marijuana Cultivator under 935 CMR 500.120(14) shall be assigned a unique,
sequential alphanumeric identifier and entered into the Seed-to-sale SOR in a
form and manner to be determined by the Commission, and further, shall be
designated as "Quality Control Sample."
(e) Quality Control Samples provided under
935 CMR 500.120(14) shall have a legible, firmly Affixed label on which the
wording is no less than
1/16 inch in size
containing, at minimum, the following information:
1. A statement that reads: "QUALITY CONTROL
SAMPLE NOT FOR RESALE";
2. The name
and registration number of the Marijuana Cultivator;
3. The quantity, net weight, and type of
Marijuana flower contained within the package; and
4. A unique sequential, alphanumeric
identifier assigned to the Cultivation Batch associated with the Quality
Control Sample that is traceable in the Seed-to-sale SOR.
(f) Upon providing a Quality Control Sample
to an employee, the Marijuana Cultivator shall record:
1. The reduction in quantity of the total
weight or item count under the unique alphanumeric identifier associated with
the Quality Control Sample;
2. The
date and time the Quality Control Sample was provided to the
employee;
3. The agent registration
number of the employee receiving the Quality Control Sample; and
4. The name of the employee as it appears on
their agent registration card.
