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 except as otherwise provided
in 935 CMR 500.141, a Social Consumption Establishment shall comply with
935 CMR
500.110, and additional operational
requirements under
935 CMR
500.140 and 500.141.
(2)
Written Policies and
Procedures. In addition to the written operating policies required
under
935
CMR 500.105(1), prior to
commencing operations, a Social Consumption Establishment shall maintain
written policies and procedures for the sale, distribution, and serving of
Marijuana and Marijuana Products and provide in-house training to employees to
the extant not covered in a Responsible Vendor Training Program course on such
policies and procedures. In-house training provided under 935 CMR 500.141(2)
may be counted toward the eight-hour total training requirement required under
935
CMR 500.105(2)(a). Such
written policies and procedures shall include, without limitation:
(a) Methods for identifying, recording, and
reporting diversion, theft, or loss, and for correcting all errors and
inaccuracies in inventories in compliance with
935 CMR
500.110(9) and 935 CMR
500.141(8);
(b) Procedures to
ensure that all sales of Marijuana and Marijuana Products under a Social
Consumption Establishment license shall include a label or supplementary insert
with the following information:
1. The symbols
issued by the Commission under
935
CMR 500.105(5)(b)15. and
16.;
2. The following statement,
including capitalization: "This product has not been analyzed or approved by
the FDA. There is limited information on the side effects of using this
product, and there may be associated health risks. Marijuana use during
pregnancy and breast-feeding may pose potential harms. It is against the law to
drive or operate machinery when under the influence of this product. KEEP THIS
PRODUCT AWAY FROM CHILDREN.";
3.
Additionally, for Edibles, the warning, "The impairment effects of Edibles may
be delayed by two hours or more";
4. The name and contact information of the
Marijuana Establishment that produced the Marijuana or Marijuana
Product;
5. The results of
sampling, testing and analysis conducted by an Independent Testing
Laboratory;
6. A seal certifying
the Marijuana or Marijuana Products meets such testing standards;
7. A unique batch number identifying the
Production Batch associated with manufacturing, Processing, and
cultivating;
8. A list of
ingredients and possible allergens;
9. The amount of
delta-nine-tetrahydrocannabinol (Î"9-THC) in the package and in each
serving of Marijuana or Marijuana Product as expressed in absolute terms and as
a percentage of volume;
10. An
explanation of the number of "servings" in the package; and
11. A use-by date, if applicable;
(c) Security procedures, including
specific plans for securing entrances and that all Marijuana and Marijuana
Products are kept out of plain sight and not visible from a public
place;
(d) Procedures to ensure
prevention of diversion;
(e)
Procedures to ensure the prevention of a Consumer from bringing Marijuana or
Marijuana Products onto the Premises that have not been obtained from the
Social Consumption Establishment, including policies for ensuring Marijuana
Accessories brought on site, do not contain Marijuana or Marijuana Products not
obtained from the Social Consumption Establishment;
(f) Procedures to ensure that Marijuana or
Marijuana Products purchased on-site does not leave the Premises; except as
otherwise authorized in 935 CMR 500.141(3)(a);
(g) Procedures for the storage of Marijuana
or Marijuana Products including, but not limited to, disposal procedures for
unconsumed Marijuana or Marijuana Products;
(h) Procedural and operational plans making a
diligent effort to assist Consumers who may be impaired in finding means of
transportation. Such requirements shall be tailored to the region in which the
establishment is located.
(i)
Procedures to ensure that Consumers are not overserved, including the
developments of standards, consistent with Responsible Vendor Training, for
Marijuana Establishment Agents to use to evaluate impairment;
(j) Procedures to ensure that no one younger
than 21 years old may access the establishment;
(k) If vaporization or other non-smoking
forms of consumption involving heat are permitted indoors, procedures and
building plans or schematic to ensure that:
1.
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;
2. Employees may monitor the consumption area
from a smoke-free, vapor-free area; and
3. A ventilation system directs air from the
consumption area to the outside of the building through a filtration system
sufficient to remove visible vapor, consistent with all applicable building
codes and ordinances, and adequate to eliminate odor at the property
line;
(l) Procedures to
ensure that no sales occur within the consumption area;
(m) Procedures to ensure that smoking as
defined by M.G.L. c. 270, § 22 is prohibited indoors.
(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;
(3)
Limitation on
Sales.
(a) Social Consumption
Establishment agents shall only sell Marijuana or Marijuana Products to
individuals in an amount reasonable for on-site consumption. Notwithstanding
the terms of
935 CMR
500.140(3)(a),
500.140(4)(c)
and
500.150(4)(a)
and(b), Consumers may not purchase more than
20 milligrams of delta-nine-tetrahydrocannabinol ()9-THC) within any single
day. Unconsumed Marijuana or Marijuana Product(s) that is packaged by the
establishment in a Commission preapproved sealed and resealable exit bag may be
removed from the Premises.
(b) A
Social Consumption Establishment may not knowingly sell to a Consumer more than
20 milligrams of delta-nine-tetrahydrocannabinol ()9-THC) per day.
(c)
Sale of Edibles
. Sale of Edibles shall be limited to pre-packaged Shelf-stable items. Products
that are perishable, or "Time/ and Temperature Controlled for Safety Food" as
it is defined in the 2013 Retail Food Code as adopted under
105 CMR 590.001(A)
or time and temperature controlled to
prevent deterioration may not be allowed to be sold.
(d)
Sale of Shelf-stable
Products. A Social Consumption Establishment may sell food
pre-packaged, Shelf-stable and drink items other than Edibles if it acquires
all necessary licenses and permits to do so. A Marijuana Social Consumption
Establishment may not sell alcohol or tobacco products.
(e)
A Social Consumption
Establishment May Sell Marijuana Accessories. A Social Consumption
Establishment may sell items not expressly authorized herein only after
receiving the express written permission of the Commission following receipt of
an application in a form and manner determined by the Commission.
(4)
Social Consumption
Sales.
(a) Except as otherwise
authorized in 935 CMR 500.141(3)(a), the sale of Marijuana and Marijuana
Products for consumption on-site shall take place in compliance with the
following:
1. Except as otherwise authorized
in 935 CMR 500.141(3)(a), Marijuana and Marijuana Products may only be used by
Consumers on the Premises who have demonstrated in compliance with
935 CMR
500.140(2)(b) that they are
21 years of age or older;
2. In
addition to the requirements of
935 CMR
500.140(6), a Social
Consumption Establishment shall distribute to each Consumer a Consumer
information card, which shall be provided by the Commission that informs
Consumers about the impairment effects of different forms of consumption of
Marijuana or Marijuana Products including, but not limited to, the length of
time that the Marijuana or Marijuana Products may take in order to take effect,
and information to prevent impaired driving. The informational card will be
scientifically based. The information card will be two-sided and presented in a
form and manner determined by the Commission.
3. Consumer shall orally affirm to a
Marijuana Establishment Agent receipt and understanding of the Consumer
information card prior to the dispensing of Marijuana or Marijuana
Products.
(b) A Social
Consumption Establishment may not allow the consumption of alcohol or the
smoking of tobacco, or the sale of alcohol or tobacco on the
Premises.
(c) All Marijuana and
Marijuana Product sales shall be tracked using the Seed-to-sale SOR.
(d) Limitations on the time for sales of
Marijuana or Marijuana Products shall comply with all municipal bylaws and
ordinances. Unless otherwise explicitly authorized by the municipality, sales
shall only occur between the hours of 8:00 A.M. and 9:00 P.M.
(e) Every effort shall be made to minimize
the amount of cash held by a Social Consumption Licensee at any one time.
Licensees shall use best efforts to implement platforms for the electronic
payment of funds.
(f) A Social
Consumption Establishment Agent may refuse the sale of Marijuana or Marijuana
Products based on a reasonable belief that a Consumer is visibly
impaired.
(5)
Age Verification.
(a) Entry into the Premises of a Social
Consumption Establishment by Persons younger than 21 years old is
prohibited;
(b) On entry into the
Premises of a Social Consumption Establishment by an individual, a Marijuana
Establishment Agent shall immediately inspect the individual's proof of
identification and determine the individual's age. An individual may not be
admitted to the Premises, unless the establishment has verified that the
individual is 21 years of age or older by an individual's proof of
identification.
(c) At the point of
sale by an individual, a Marijuana Establishment Agent shall inspect the
individual's proof of identification and determine the individual's
age.
(6)
Consumption Areas.
(a) Where needed for security or health
reasons, a Social Consumption Establishment shall separate the designated sales
and consumption areas. Each area shall be isolated from other areas of the
establishment. The consumption area shall be separated by walls and a secure
door and accessible only from the sales area.
(b) The consumption area shall be visible to
individuals located in the sales area.
(c) The Marijuana Establishment shall
maintain an updated diagram of the consumption area which shall show the
location of:
1. The licensed Premises of the
Marijuana Establishment;
2. Serving
area or areas;
3. Ventilation
exhaust points, if applicable;
4.
The employee monitoring area;
5.
Doors, windows, or other exits; and
6. Any other information required by the
Commission.
(d)
Consumption of Marijuana or Marijuana Products through vaporization or other
nonsmoking forms of consumption involving heat shall require the following:
1. A ventilation system that 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.
2. A smoke-free area for agents to monitor
the Marijuana consumption area.
(e) The establishment shall have a standard
operating procedure to ensure the health of agents in the cleaning and
sanitation of all consumption areas.
(f) A Social Consumption Establishment shall
provide Consumers with adequate, readily accessible toilet facilities that are
maintained in a sanitary condition and in good repair.
(g) Vaping may be permitted in a designated
outdoor area if it is not in view of the general public and complies with
105 CMR
661.200: Smoking in Outdoor
Spaces.
(7)
Waste Disposal.
(a)
The Social Consumption Establishment shall be responsible for ensuring
Consumers dispose of any unused Marijuana or Marijuana Products prior to
exiting the establishment.
(b) The
Social Consumption Establishment shall provide a secure receptacle to dispose
of Marijuana or Marijuana Products sold on-site, but not consumed by the
Consumer prior to exiting the establishment.
(c) Marijuana or Marijuana Products returned
by a Consumer shall be disposed of in accordance with
935
CMR 500.105(12).
(8)
Incident
Reporting.
(a) The Social
Consumption Establishment shall provide notice to appropriate Law Enforcement
Authorities and the Commission in accordance with
935 CMR
500.110(8).
(b) In addition to the incidents identified
in
935 CMR
500.110(9)(a), a Social
Consumption Establishment shall provide notification shall notify the
Commission of any of the following incidents immediately, and in no instance,
no more than 24 hours after the following occasions:
1. Any instance involving the consumption of
tobacco, tobacco products or alcohol on the Premises;
2. Any instance involving the consumption of
any Marijuana or Marijuana Product not purchased from the Social Consumption
Establishment; or
3. Any instance
involving the consumption of any Marijuana or Marijuana Product in a designated
sales area or other area outside the designated consumption area.
(9)
Prohibitions. A Social Consumption Establishment may
not:
(a) Sell Marijuana or Marijuana Products
other than those authorized pursuant to 935 CMR 500.141.
(b) Allow a Consumer to smoke or otherwise
consume Marijuana through combustible methods, except outdoors as otherwise
authorized under
935 CMR
500.000, so long as smoking is not a nuisance to the
non-smoking public.
(c) Allow any
agent to consume Marijuana or Marijuana Products during the course of a work
shift;
(d) Allow the consumption of
tobacco or tobacco products or alcohol or alcoholic products on the
Premises;
(e) Allow the possession
or consumption of any Marijuana or Marijuana Product that was not purchased
from the Social Consumption Establishment;
(f) Offer to sell or sell any Marijuana or
Marijuana Product for a discounted or promotional price or for any price other
than the product's fixed price;
(g)
Gift or discount Marijuana and Marijuana Products;
(h) Allow, encourage or permit any organized
game or contest involving the consumption of Marijuana or Marijuana Product or
awarding of Marijuana or Marijuana Products as a prize;
(i) Advertise, market or brand any practice
prohibited under 935 CMR 500.141(9) or
935
CMR 500.105(4)(b);
and
(j) May not permit Consumers
determined to be impaired by its Marijuana Establishment Agents to purchase
additional Marijuana or Marijuana Products while still impaired.
(10)
Outdoor Smoking
Waiver.
(a) The prohibition on
smoking in an indoor area cannot be waived.
(b) The prohibition on smoking in a
designated outdoor area may be subject to a waiver in accordance with the
following process:
1. The waiver request shall
comply with the requirements outlined in
935 CMR
500.850(1);
2. On receipt of the waiver request and
written documentation, the Commission shall submit the request and
documentation to the Board of Health or Health Commissioner in the municipality
where the Social Consumption Establishment is located. The Commission shall
request that the local health authority examine the waiver and documentation
and provide a determination whether the proposed outdoor smoking activity
would:
a. Comply with the municipality's
applicable local rules and regulations pertaining to Smoking;
b. Be compatible with uses in the surrounding
community;
c. Not pose an
unacceptable risk to public, health, safety or welfare greater than if
consumption were to occur indoors;
d. Would not be in view of the general
public;
e. Be physically separated
from an enclosed workspace and there is no migration of smoke into the
workplace;
f. Comply with the
following requirements:
i. In accordance with
M.G.L. c. 270, § 22, any outdoor space that has a structure capable of
being enclosed, regardless of the materials or removable nature of the walls or
covers, shall be regarded as an enclosed space when the walls or covers are in
place.
ii. The outdoor space shall
be open to the air at all times. For purposes of
105 CMR 661.000:
Regulations Implementing M.G.L. c. 270, § 22, this shall
mean that the space has thorough, unobstructed circulation of outside air to
all parts of the outdoor space. An outdoor space shall be presumed to meet this
test if:
(A) the space has a ceiling and at
least 1/2 of the total surface area of the walls and other vertical
boundaries of the space permits unobstructed flow of outside air into the
space; or
(B) the space has no
ceiling and no more than two walls or other vertical boundaries of the space
that obstruct the flow of air into the space exceed eight feet in
height.
iii. For
purposes of
105 CMR 661.000:
Regulations Implementing M.G.L. c. 270, § 22, a ceiling
shall include any top or covering that is placed or maybe placed over a space,
or any other structure or arrangement above the space (including substantial
coverage by umbrellas or awnings) that may impede the flow of air into the
space, regardless of the type or nature of the materials or the partial or
removable nature of the covering.
iv. The local board of health shall be
notified in writing prior to initiating construction or renovation of an
outdoor space for the purpose of permitting smoking, if such construction or
renovation requires notification of the local building department or a
licensing authority.