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, Licensees engaged in retail sales
shall comply with 935 CMR 500.140.
(2)
On-premises Verification of
Identification.
(a) On entry into
the Premises of a Marijuana Retailer by an individual, a Marijuana
Establishment Agent shall immediately inspect the individual's proof of
identification and determine the individual's age. An individual shall not be
admitted to the Premises, unless the Marijuana Retailer has verified that the
individual is 21 years of age or older by an individual's proof of
identification.
(b) On
point-of-sale by an individual, a Marijuana Establishment Agent shall inspect
the individual's proof of identification and determine the individual's
age.
(c) In accordance with M.G.L.
c. 94G, § 4(c)(3), a Marijuana Retailer may not acquire or record Consumer
personal information other than information typically required in a retail
transaction, which can include information to determine the Consumer's age. A
Marijuana Retailer may not record or retain any additional personal information
from Consumer without the Consumer's voluntary written permission, except as
provided in (d) and (e).
(d) A
Marijuana Retailer that has entered into Delivery Agreements with Delivery
Licensees for the purpose of transacting home deliveries to Consumers shall
establish a Pre-verification process for Consumers who intend to place orders
for delivery with the Marijuana Establishment. A Marijuana Retailer that holds
more than one Marijuana Retailer license may establish a process to share
Pre-verification information about Consumers among their multiple locations for
the purpose of enabling deliveries from any licensed location operated by the
Marijuana Retailer; provided, however that information shall only be shared
among locations upon the affirmative election by a Consumer. To comply with the
requirements of Pre-verification, the Marijuana Establishment shall:
1. Require the Consumer to pre-verify with
the Marijuana Establishment either in person or through a Commission-approved
electronic means by presenting or submitting the Consumer's valid, unexpired
government-issued photo identification; and
2. Examine the government-issued
identification card and verify that the individual Consumer presenting or
submitting the government-issued identification card is the individual Consumer
that matches the government-issued identification card and that the individual
Consumer is 21 years of age or older.
(e) A Marijuana Retailer shall collect and
maintain relevant information about the individual Consumer, for the purpose of
transacting a delivery and ensuring that the recipient of a delivery under
935
CMR 500.145 is legally allowed to receive
Marijuana and Marijuana Products, which shall be limited to:
1. The individual's name;
2. The individual's date of birth;
3. The individual's address;
4. The individual's primary telephone number;
and
5. The individual's email
address.
(f) Any such
information collected by the Marijuana Establishment shall be used solely for
the purpose of transacting a delivery under
935
CMR 500.145 and shall be otherwise maintained
confidentially.
(3)
Limitation on Sales.
(a) In accordance with M.G.L. c. 94G, §
7, a Marijuana Retailer may not knowingly sell more than one ounce of Marijuana
or its combined dry weight equivalent in Marijuana concentrate or Edibles to a
retail customer per day.
1. One ounce of
Marijuana flower shall be equivalent to five grams of active
tetrahydrocannabinol (THC) in Marijuana concentrate including, but not limited
to, Tinctures.
2. One ounce of
Marijuana flower shall be equivalent to five hundred milligrams of active
tetrahydrocannabinol (THC) in Edibles.
3. Topicals and ointments shall not be
subject to a limitation on daily sales.
(b) A Marijuana Retailer may not sell
Marijuana or Marijuana Products in excess of the potency levels established by
935 CMR
500.150(4); and
(c) A Marijuana Retailer shall demonstrate
that it has a point-of-sale system that does not allow for a transaction in
excess of the limit established in 935 CMR 500.140(3)(a) or the potency levels
established in 935 CMR 500.140(3)(b).
(4)
Unauthorized Sales and Right
to Refuse Sales.
(a) A Marijuana
Retailer shall refuse to sell Marijuana to any Consumer who is unable to
produce valid proof of government-issued identification.
(b) A retailer shall refuse to sell Marijuana
Products to a Consumer if, in the opinion of the Marijuana Establishment Agent
based on the information available to the agent at that time, the Consumer or
the public would be placed at risk. This includes, but is not limited to, the
Consumer engaging in daily transactions that exceed the legal possession limits
or that create a risk of diversion.
(c) A retailer may not sell to an individual
more than one ounce of Marijuana or its dry weight equivalent in Marijuana
concentrate or Edibles per transaction. A retailer may not knowingly sell to an
individual more than one ounce of Marijuana or its dry weight equivalency per
day.
(d) A retailer is prohibited
from selling Marijuana Products containing nicotine.
(e) A retailer is prohibited from selling
Marijuana Products containing alcohol, if sales of such alcohol would require
licensure pursuant to M.G.L. c. 138.
(5)
Recording Sales
.
(a) A Marijuana Retailer shall only utilize
a point-of-sale system approved by the Commission, in consultation with the
DOR.
(b) A retailer may utilize a
sales recording module approved by the DOR.
(c) A retailer is prohibited from utilizing
software or other methods to manipulate or alter sales data.
(d) A retailer shall conduct a monthly
analysis of its equipment and sales data to determine that no software has been
installed that could be utilized to manipulate or alter sales data and that no
other methodology has been employed to manipulate or alter sales
data.
(e) A Marijuana Retailer
shall maintain records that it has performed the monthly analysis and produce
it on request to the Commission. If a retailer determines that software has
been installed for the purpose of manipulation or alteration of sales data or
other methods have been utilized to manipulate or alter sales data:
1. It shall immediately disclose the
information to the Commission;
2.
It shall cooperate with the Commission in any investigation regarding
manipulation or alteration of sales data; and
3. Take such other action directed by the
Commission to comply with
935
CMR 500.105.
(f) A retailer shall comply with
830 CMR
62C.25.1: Record Retention and DOR
Directive 16-1 regarding recordkeeping requirements.
(g) A retailer shall adopt separate
accounting practices at the point of sale for Marijuana and Marijuana Product
sales, and non-Marijuana sales.
(h)
The Commission and the DOR may audit and examine the point-of-sale system used
by a retailer in order to ensure compliance with Massachusetts tax laws and 935
CMR 500.140(5).
(6)
Consumer Education. A Marijuana Retailer shall make
available educational materials about Marijuana Products to Consumers. A
retailer shall have an adequate supply of current educational material
available for distribution. Educational materials shall be available in
commonly spoken languages designated by the Commission, which will include, but
not be limited to, appropriate materials for the visually- and
hearing-impaired. Such materials shall be made available for inspection by the
Commission on request. The educational material shall include at least the
following:
(a) A warning that Marijuana has
not been analyzed or approved by the FDA, that there is limited information on
side effects, that there may be health risks associated with using Marijuana,
and that it should be kept away from children;
(b) A warning that when under the influence
of Marijuana, driving is prohibited by M.G.L. c. 90, § 24, and machinery
should not be operated;
(c)
Information to assist in the selection of Marijuana, describing the potential
differing effects of various strains of Marijuana, as well as various forms and
routes of administration;
(d)
Materials offered to Consumers to enable them to track the strains used and
their associated effects;
(e)
Information describing proper dosage and titration for different routes of
administration. Emphasis shall be on using the smallest amount possible to
achieve the desired effect. The impact of potency shall also be
explained;
(f) A discussion of
tolerance, dependence, and withdrawal;
(g) Facts regarding substance use disorder
signs and symptoms, as well as referral information for substance use disorder
treatment programs, and the telephone number for the Massachusetts Substance
Use Helpline;
(h) A statement that
Consumers may not sell Marijuana to any other individual;
(i) Information regarding penalties for
possession or distribution of Marijuana in violation of Massachusetts law;
and
(j) Any other information
required by the Commission.
(7)
Testing. No
Marijuana Product, including Marijuana, may be sold or otherwise marketed for
adult use that has not first been tested by Independent Testing Laboratories,
except as allowed under
935 CMR
500.000. The product shall be deemed to comply with
the standards required under
935 CMR
500.160. Potency levels derived from the
Cannabinoid Profile, including the amount of delta-nine-tetrahydrocannabinol
()9-THC) and other Cannabinoids, contained within Finished Marijuana or
Marijuana Product to be sold or otherwise marketed, shall be recorded in the
Seed-to-sale SOR.
(8)
Repackaging. Repackaged Marijuana shall comply with
the labeling and packaging requirements under
935
CMR 500.105(5) and
500.105(6).
(9)
Advance Contactless Order
Fulfillment.
(a) A Marijuana
Retailer may allow for advance contactless ordering of Marijuana and Marijuana
Products by telephone, website or third-party platform, which shall be
available for inspection prior to commencing operations and on
request.
(b) Marijuana Retailer may
fulfill advance orders through contactless means by not requiring contact
between a Consumer and Registered Marijuana Agent.
(c) Any physical unit used for the purpose of
the fulfillment of an advance contactless order (order) shall ensure that
access to orders of Marijuana or Marijuana Products is limited to the Consumer
who placed the order.
(d) Any
physical unit used for the purpose of order fulfillment shall be located within
the Marijuana Retailer's building and be bolted or otherwise permanently
affixed to the Marijuana Establishment Premises.
(e) A Marijuana Retailer that adopts a
contactless means of fulfilling orders shall have a written operations plan
which shall be submitted to the Commission prior to commencing these operations
and on request. The plan shall include a detailed description of how the
Marijuana Retailer will ensure that advance contactless order fulfillment
complies with the requirements of:
1.
935
CMR 500.105(3)(b) and (c)
for the safe storage of Marijuana and Marijuana Products;
2.
935 CMR
500.110(1)(a) and M.G.L. c.
94G, § 4(c)(3) for the positive identification of individuals seeking
access to the Premises of the Marijuana Establishment for the purpose of
obtaining an order placed in advance to limit access solely to individuals 21
years of age or older;
3.
935 CMR
500.110(5)(a)(4) for the
video surveillance of the advance contactless order; and
4.935 CMR 500.140(8)(c) and (d).
(f) Orders placed in advance may
not be retained in a physical unit used for the purpose of contactless order
fulfillment overnight or outside of business hours.
(10)
Product
Database. A Marijuana Retailer that purchases wholesale Marijuana
Products from a licensed Marijuana Product Manufacturer for the purpose of
Repackaging Marijuana Products for sale to Consumers shall provide the
Commission with the following information. This information may be used by the
Commission for its Product Database.
(a) The
Marijuana Retailer shall provide the following:
1. A photograph of a Finished Marijuana
Product outside of, but next to, the Marijuana Product's packaging; provided,
however that where single servings of a multi-serving product are unable to be
easily identified because of its form, a description of what constitutes a
single-serving shall be provided (e.g. a single-serving is a
1" x 1" square);
2. A photograph of
the Marijuana Product inside packaging; and
3. The name of the Product Manufacturer that
produced the Marijuana Product.
(b) Photographs submitted shall be electronic
files in a JPEG format with a minimum photo resolution of 640 x 480 and print
resolution of 300 DPI. Photographs shall be against a white
background.
(c) Marijuana Retailers
shall provide the information required under 935 CMR 500.140(8)(a) for each
Marijuana Product it Repackages for sale prior to the product being made
available for sale and shall update the information whenever a substantial
change to packaging or label of the Marijuana Product occurs. For purposes of
935 CMR 500.140(10), a substantial change shall be a change to the physical
attributes or content of the package or label.
(11) In addition to the written operating
policies required under
935
CMR 500.105(1), a Marijuana
Retailer shall maintain written policies and procedures which shall include:
(a) Policies and procedures for adequately
tracking, recording, and documenting all Vendor Samples that the Marijuana
Retailer receives from a Marijuana Cultivator or a Marijuana Product
Manufacturer; and
(b) Policies and
procedures for adequately tracking, recording, and documenting all Vendor
Samples that the Marijuana Retailer provides to employees for the purpose of
assessing product quality and determining whether to make the product available
to sell, in compliance with 935 CMR 500.140(15).
(12)
Vendor Samples.
(a) A Marijuana Retailer may receive a Vendor
Sample of Marijuana flower from a Marijuana Cultivator pursuant to
935 CMR
500.120(13). A Marijuana
Retailer may also receive a Vendor Sample of Marijuana Product from a Marijuana
Product Manufacturer pursuant to
935
CMR 500.130(7). Receipt of a
Vendor Sample under 935 CMR 500.140(12) shall not be considered a prohibited
practice under
935
CMR
500.105(4)(b)20.
(b) Vendor Samples may not be sold to another
licensee or Consumer.
(c) A
Marijuana Retailer may provide the Vendor Samples it receives from a Marijuana
Cultivator or a Marijuana Product Manufacturer to its Employees for the purpose
of assessing product quality and determining whether to make the product
available to sell the product. Vendor Samples may not be consumed on any
licensed Premises.
(d)
Vendor Sample limits. A Marijuana Retailer is limited
to providing the following aggregate amounts of Vendor Samples to all Employees
in a calendar month period:
1. Four grams per
strain of Marijuana flower and no more than seven strains of Marijuana
flower;
2. Five grams of Marijuana
concentrate or extract including, but not limited to, Tinctures;
3. Five hundred milligrams of Edibles whereby
the serving size of each individual sample does not exceed five milligrams and
otherwise satisfies the potency levels set forth in
935 CMR
500.150(4); and
4. Five units of sale per Cannabis product
line and no more than six individual Cannabis product lines. For purposes of
935 CMR 500.140(15), a Cannabis product line shall mean items bearing the same
Stock Keeping Unit Number.
(e) Upon providing a Vendor Sample to an
employee, the Marijuana Retailer shall record:
1. The reduction in quantity of the total
weight or item count under the unique alphanumeric identifier associated with
the Vendor Sample;
2. The date and
time the Vendor Sample was provided to the Employee;
3. The agent registration number of the
employee receiving the Vendor Sample; and
4. The name of the Employee as it appears on
their agent registration card.
(f) All Vendor Samples provided by a
Marijuana Retailer to its employees shall also be entered into the
point-of-sale system and shall count against the individual employee's daily
purchase limit, if applicable, consistent with 935 CMR 500.140(3).
(13)
Sale of Marijuana
Vaporizer Devices.
(a) Marijuana
Retailers offering Marijuana Vaporizer Devices for sale to Consumers shall
include signage at the point of sale, that is legible and enlarged and contains
the following statements:
1. "Marijuana
Vaporizer Devices have been tested for Vitamin E Acetate and other
contaminants, with no adverse findings. WARNING: Vaporizer Devices may contain
ingredients harmful to health when inhaled."
2. "Consumers shall have access to the test
results of Marijuana Vaporizer Devices including copies of any Certificates of
Analysis provided by the device's manufacturer."
(b) Marijuana Retailers shall provide a
physical insert to Consumers that accompanies all purchased Marijuana Vaporizer
Devices that states, including capitalization and emphasis, the following:
"Marijuana Vaporizer Devices have been tested for Vitamin E Acetate and other
contaminants, with no adverse findings. WARNING: Vaporizer Devices may contain
ingredients harmful to health when inhaled."
(c) The sale of disposable and reusable
vaporizer pens and devices shall be accompanied by a product insert identifying
the materials used in the vaporizer device's atomizer coil
(e.g., titanium, titanium alloy, quartz, copper, nichrome,
kanthal, or other specified material), and manufacturer identification of the
device hardware, cartridge, battery and other components;
(d) A Marijuana Retailer shall make available
the information contained in
935
CMR 500.105(5)(c)6. in the
product description at the point of sale and as part of any product list posted
on the Marijuana Retailer's website or Third-party Technology Platforms or
applications employed for preordering or delivery.
(e) A Marijuana Retailer shall retain all
records of purchases from any Product Manufacturer or supplier of any
ingredient, additive, device, component part or other materials provided to the
Marijuana Retailer about Marijuana Vaporizer Devices sold at retailers. Such
records shall be made available to the Commission upon request.
(14)
Physical
Separation of Marijuana and MIPs or Marijuana Products for Medical- or
Adultuse. A CMO shall provide for physical separation between
medical and adult use sales areas. Separation may be provided by a temporary or
semipermanent physical barrier, such as a stanchion, that, in the opinion of
the Commission, adequately separates sales areas of MIPs for medical-use from
sales areas of Marijuana products for adult use for the purpose of Patient
Confidentiality.
(a) A CMO shall provide for
separate lines for sales of Marijuana or MIPs for medical-use from Marijuana
Products for adult use within the sales area, provided that the holder of a
patient registration card may use either line and may not be limited only to
the medical use line, so long as the CMO can record the patient's transaction
in accordance with
935 CMR
501.140(5).
(b) A CMO shall additionally provide a
patient consultation area, an area that is separate from the sales floor that
is enclosed to allow privacy and for confidential visual and auditory
consultation with Qualifying Patients.
(c) A CMO's patient consultation area shall
have signage stating, "Consultation Area". The private consultation area shall
be separate from the sales area. It shall be accessible by a Qualifying Patient
or Caregiver without having to traverse a Limited Access Area.
(d) A CMO shall use best efforts to
prioritize Patient and Caregiver identification verification and physical entry
into its retail area.
(15)
Patient Supply
.
(a) A CMO shall ensure access to a
sufficient quantity and variety of marijuana products, including marijuana, for
patients registered under
935 CMR
501.000:
Medical Use of Marijuana.
1. Where the CMO has been open and dispensing
for a period of less than six months, the license shall reserve 35% of the
MTC's marijuana products.
2. Where
the CMO has been open and dispensing for a period of six months or longer, the
licensee shall maintain a quantity and variety of marijuana products for
patients registered under
935 CMR
501.000: Medical Use of Marijuana,
sufficient to meet the demand indicated by an analysis of sales data collected
by the licensee during the preceding six months in accordance with 935 CMR
500.140(5), and
935 CMR
501.140(5):
Recording Sales.
(b) Marijuana products reserved for patient
supply shall, unless unreasonably impracticable, reflect the actual types and
strains of marijuana products documented during the previous six months. If a
substitution must be made, the substitution shall reflect as closely as
possible the type and strain no longer available.
(c) On a biannual basis, the CMO shall submit
to the Commission an inventory plan to reserve a sufficient quantity and
variety of medical use Marijuana Products for Registered Qualifying Patients,
based on reasonably anticipated patient needs as documented by sales records
over the preceding six months. On each occasion that the supply of any product
within the reserved patient supply is exhausted and a reasonable substitution
cannot be made, the CMO shall submit a report to the Commission in a form
determined by the Commission.
(d)
Marijuana Products reserved for patient supply shall be either maintained
on-site at the retailer or easily accessible at another location operated by
the licensee and transferable to the retailer location within 48 hours of
notification that the on-site supply has been exhausted. CMOs shall perform
audits of available patient supply on a weekly basis and retain those records
for a period of six months.
(e) The
Commission shall, consistent with
935 CMR
500.301 or
935 CMR
501.301: Inspections and
Compliance, inspect and audit CMOs to ensure compliance with 935 CMR
500.140. The Commission may, in addition to the issuance of a deficiency
statement under
935 CMR
500.310 or
935 CMR
501.310: Deficiency
Statements and a plan of correction under
935 CMR
500.320 or
935 CMR
501.320: Plans of
Correction, demand that the CMO take immediate steps to replenish its
reserved patient supply to reflect the amounts required under 935 CMR
500.140(15)(a) or
935 CMR
501.140(13)(a). Failure to
adequately address a deficiency statement or follow a plan of correction shall
result in administrative action by the Commission pursuant to
935
CMR 500.450 and
935 CMR
500.500 or
935
CMR 501.450: Medical Marijuana
Treatment Center Registration or License: Grounds for Suspension Revocation,
and Denial of Renewal Application and
935
CMR 501.500: Hearings and Appeals of
Actions on Registrations or Licenses.
(f) CMOs may transfer marijuana products
reserved for medical-use to adult-use within a reasonable period of time prior
to the date of expiration provided that the product does not pose a risk to
health or safety.
(16)
Undeliverable Marijuana and Marijuana Products. Any
Finished Marijuana Product that is undeliverable by a Marijuana Courier or is
refused by the Consumer shall be transported back to the originating Marijuana
Retailer that provided the product once all other deliveries included on a
delivery manifest have been made. The Marijuana Retailer shall ensure that a
Registered Marijuana Agent remains at the premises to receive any undeliverable
Marijuana or Marijuana Product from a Marijuana Courier. A process for ensuring
that undelivered Marijuana and Marijuana Products can be returned to the
Marijuana Retailer by the Marijuana Courier shall be a term of the Delivery
Agreement.
(17)
Prohibition on Monopolies.
(a) It shall be a violation of,
935 CMR
500.000, for any Marijuana Retailer to or attempt to
monopolize, or combine or conspire with any other person or entity including,
but not limited to, a Third-party Technology Platform Provider, to monopolize
any part of licensed activities authorized under
935 CMR
500.000.
(b) It shall be a violation of these
regulations,
935 CMR
500.000, for any Marijuana Retailer engaged in
activities authorized under
935 CMR
500.000 to make a contract for services with a
Third-party Technology Platform Provider for the listing of a Marijuana
Retailer's Finished Marijuana Products on the condition, agreement or
understanding that the parties to the contract shall not deal in Marijuana or
Marijuana Products, either generally or specific brands or categories of
Finished Marijuana Products, of a competitor or competitors of the parties
where the effect of such contract or such condition, agreement or understanding
may be to lessen substantially competition or tend to create a monopoly in any
activity engaged in under 935 CMR. 500.000.