Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.147 - Operational Requirements for Marijuana Research Facility Licensees and Research Permits
Universal Citation: 935 MA Code of Regs 935.500
Current through Register 1531, September 27, 2024
(1) In addition to the security requirements provided in 935 C 500.110, Marijuana Research Facility Licensees shall comply with the operational requirements required under 935 CMR 500.147.
(2) General Requirements
(a) For each
research project to be conducted on the Premises, a Marijuana Research Facility
Licensee shall have a valid Research Permit issued by the Commission pursuant
to 935 CMR 500.147(4) prior to beginning a research project. The Research
Permit shall be renewed at least annually, or sooner depending on the nature
and duration of the approved research project.
(b) All individuals engaging in research at
the Marijuana Research Facility shall be registered with the Commission as
Marijuana Establishment Agents under
935 CMR
500.030.
(c) A Marijuana Research Facility Licensee
may submit an application for a Research Permit to conduct research in areas
including, but not limited to, the following:
1. Chemical potency and composition levels of
Marijuana and Marijuana Products;
2. Clinical investigations of Marijuana
Products, including dosage forms;
3. Efficacy and safety of administering
Marijuana or Marijuana Products as a component of medical treatment under the
supervision of a Certifying Healthcare Provider;
4. Genomic research on Marijuana;
5. Horticultural research on
Marijuana;
6. Agricultural research
on Marijuana; and
7. Other research
topics upon the approval of the Commission, provided however that research
conducted under the Marijuana Research Facility License may not be a substitute
for processes for drug approval established by the U.S. Food and Drug
Administration (FDA) pursuant to 21 CFR 312; and the Commission may impose
additional standards necessary to ensure the safety and efficacy of Marijuana
and Marijuana-derived compounds for their intended research
application.
(d)
Marijuana or Marijuana Products used in research conducted under a Marijuana
Research Facility License shall be cultivated by, produced by or acquired from
a licensed MTC or Marijuana Establishment authorized to cultivate, produce or
sell Marijuana or Marijuana Products, which includes a Marijuana Cultivator,
Marijuana Product Manufacturer, Marijuana Retailer, a Microbusiness or a Craft
Marijuana Cooperative. A Marijuana Research Facility Licensee not authorized to
cultivate its own Marijuana may enter into an agreement with a licensed MTC or
Marijuana Cultivator, Microbusiness or Craft Marijuana Cooperative to grow
Marijuana specifically for research.
(e) Any Marijuana or Marijuana Product
cultivated, produced or acquired for use in a Commission-approved research
project shall be entered by the Marijuana Establishment providing it to the
Marijuana Research Facility Licensee into the Seed-to-sale SOR in a form and
manner to be determined by the Commission.
(f) All Marijuana or Marijuana Products used
in research and consumed by human or animal subjects shall comply with the
following
1. Be adequately described in the
Informed Consent Form.
2. Tested in
accordance with
935 CMR
500.160 prior to consumption by human or
animal subjects.
(g) Any
research project where human research subjects are participants shall include
one or more licensed physicians in good standing to monitor the
participants.
(h) For any research
project other than a survey-only research project, human participants in
research conducted by a Marijuana Research Facility Licensee where consumption
of Marijuana or Marijuana Products is a component of the research project
design shall reside in the Commonwealth.
(i) Any research project where animal
research subjects are participants shall include one or more licensed
veterinary doctors in good standing to monitor the participants.
(j) For any research project other than a
survey-only research project, research conducted pursuant to a license granted
by the Commission shall be conducted solely within the boundaries of the
Commonwealth.
(k) A Marijuana
Research Facility Licensee shall supply the Commission with copies of all final
reports, findings or documentation regarding the outcomes of approved research
projects receiving a Research Permit. Any records received by the Commission
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, or other compulsory legal process,
or at the Commission's discretion.
(3) Marijuana Research Facility Licensee Activities and Premises.
(a) A Marijuana Research Facility Licensee
may conduct research at one or more than one Marijuana Research Facility so
long as the facility is approved by the Commission.
(b) A Marijuana Research Facility may be
colocated with another Marijuana Establishment provided that the Marijuana
Research Facility and other, colocated Marijuana Establishment(s) are commonly
owned and physically separated. Physical separation shall include, but may not
be limited to, separation by a permanent wall with a secure, locked
entrance.
(c) A Marijuana Research
Facility Licensee shall only possess for research the amount of Marijuana or
Marijuana Products approved by the Commission to be used in each research
project receiving a Research Permit.
(d) A Marijuana Research Facility Licensee
with more than one Research Permit shall physically separate all Marijuana or
Marijuana Products used in the Licensee's approved research projects according
to Research Permit and in such a way that it is objectively clear what
Marijuana or Marijuana Products are being used for each approved
project.
(e) One or more Marijuana
Research Facility Licensees may enter into agreements to conduct research
jointly on an identified research project, provided that research activities
authorized under the Research Permit shall be conducted at one identified,
licensed Marijuana Research Facility. The Marijuana Research Facility Licensee
shall disclose to the Commission all contracts or agreements entered into with
other Marijuana Research Facility Licensees in furtherance of a research
project.
(f) A Marijuana Research
Facility Licensee may not permit the consumption of Marijuana or Marijuana
Products on its licensed Premises, unless consumption of Marijuana is part of
an approved research project holding a valid Research Permit and the Marijuana
Research Facility is not co-located with another Marijuana
Establishment.
(4) Research Permits
(a)
To qualify for a Research Permit to conduct human based research, the research
project shall have an Institutional Review Board ("IRB") which shall approve
the proposed research project.
(b)
Applicants for a Research Permit to conduct research at a Marijuana Research
Facility Licensee shall submit for each project the following information to
the Commission in a form and manner determined by the Commission:
1. The name and curriculum vitae (CV) of each
investigator, including the Principal Investigator who leads the research
project and each sub-investigator;
2. The name of each licensed physician in
good standing that will lead the project as Principal Investigator, be a
sub-investigator, or monitor the participation by human subjects, if any, in
the research project;
3. The name
of each licensed veterinary doctor in good standing that will lead the project
as Principal Investigator, be a sub-investigator, or monitor the participation
by animal subjects, if any, in the research project;
4. The IRB Institution, if
applicable;
5. A publication-ready
summary of the research project to be conducted;
6. A detailed research protocol, including
safety protocols;
7. Articulated
goals of the research project;
8.
Start and end dates of the research project;
9. A description of the project funding or
resources, an attestation that the project is adequately funded or resourced,
and the sources of funding or resources;
10. Information about the human subject
participants, if any, which shall include but not be limited to:
a. The number of participants;
b. The number of Registered Qualifying
Patients, if any;
c. Demographic
information about the participants;
d. The ages of the participants;
e. Any cohort deemed "vulnerable" and
applicable safety precautions (e.g. pregnant/breastfeeding
women, minors, disable veterans, etc.);
f. A copy of the Informed Consent Form or
Waiver of Consent, if applicable; and
g. Documentation that the process of
obtaining Informed Consent complied with the Research Licensee's other IRB,
institutional, industry, or professional standards.
11. The quantity of Marijuana or Marijuana
Products anticipated to be needed over the duration of the research
project;
12. The Independent
Testing Laboratory where the Marijuana or Marijuana Products will be
tested;
13. The name and license
number of the Marijuana Research Facility Licensee or facilities where the
research project will take place, provided that if a license has not yet been
granted to the Marijuana Research Facility, the Research Permit applicant will
still identify the facility and provide its application number;
14. The disposal protocol for Marijuana or
Marijuana Products that are unused;
15. Disclosures of any actual or apparent
conflicts of interest between any Marijuana Research Facility Licensee or Agent
and any member of the IRB required by 935 CMR 500.147(4)(b) iv; and
16. Application Fee.
(c) The information required in 935 CMR
500.147(4)(b) to qualify for a Research Permit may, but is not required to, be
submitted with an application for licensure as a Marijuana Research
Facility.
(d) Prior to receiving a
Research Permit for a research project that includes human or animal
participants as subjects, the applicant shall submit evidence of approval of
the project by the identified IRB. Evidence of IRB approval or exemption may be
submitted separately from the information required in 935 CMR 500.147(4)(b),
but shall be submitted to receive a Research Permit.
(e) Materials submitted in support of an
application for a permit that are received by the Commission 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, or other compulsory legal process, or at the
Commission's discretion.
(5) Research Permit Approval.
(a) When evaluating an
application for a Research Permit to conduct a research project at a licensed
Marijuana Research Facility the Commission or its delegee(s) shall consider:
1. Whether the research project is allowed
under 935 CMR 500.147(2)(c);
2. The
adequacy of safety protocols detailed in 935 CMR 500.147(4)(b)6.
3. The research project design;
4. Whether the research project is adequately
funded or resourced and the sources of the funding or resources;
5. Whether the amount of Marijuana or
Marijuana Products anticipated to for growth or use during the duration of the
research project is consistent with the proposed research project's scope,
goals, aims and the protocols for tracking the amount used;
6. Disclosures of agreements between
Marijuana Research Facility Licensees and the nature of those agreements;
and
7. Whether a required IRB is
affiliated with an accredited academic institution, licensed healthcare
institution or other licensed research institution and, if not, may require
additional information regarding the sufficiency of the IRB as it relates to
the proposed research project.
8.
Whether sufficient evidence of approval of the research project by the
identified IRB has been provided.
(b) Research Permits shall be approved by the
Executive Director and shall not require a vote of the Commission prior to
issuance.
(c) As set forth in
935 CMR
500.840, the issuance of a Research Permit
may not give immunity under federal law or poses an obstacle to federal
enforcement of federal law.
(6) Denial of Research Permits.
(a) The Commission or
its delegee may deny an application for a Research Permit for any of the
following reasons, provided that a written denial including the reason for the
denial shall be issued to the applicant(s):
1.
No IRB approval;
2. Failure to
provide adequate information regarding the IRB;
3. Proposed research poses a danger to public
health or safety;
4. Proposed
research lacks scientific value or validity;
5. The applicant for the Research Permit is
not qualified to do the research;
6. The Research Permit applicant's protocols
or funding or other resources are insufficient to perform the research;
or
7. Proposed research is
otherwise in consistent with the Commission's governing laws.
(b) The applicant shall not be
entitled to an administrative hearing under
935 CMR
500.500 for the denial of a research
permit.
(7) Inspections and Audits.
(a) The Commission or its delegee(s) may at
its discretion inspect a Marijuana Research Facility.
(b) The Commission or its delegee may at its
discretion require an audit of a research project granted a Research Permit.
Reasons for an audit shall include, but are not limited to:
1. The Commission has reasonable grounds to
believe that the Marijuana Research Facility Licensee is in violation of one or
more of the requirements set forth in these regulations or present a danger to
the public health, safety or welfare;
2. The Commission has reasonable grounds to
believe that the activities of the Marijuana Research Facility Licensee or a
Marijuana Establishment Agent present a danger to the public health, safety or
welfare; or
3. The Commission has
reasonable grounds to believe that the Marijuana Research Facility Licensee has
been or is engaged in research activities that have not been approved or
permitted by the Commission.
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