Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.303 - Unannounced Purchase for Purpose of Investigative Testing (Secret Shopper Program)
Current through Register 1531, September 27, 2024
(1) Secret Shopper Program Authorized. The Commission or a Commission Delegee may, at any time and without prior notice, authorize an employee or other agent to pose as a customer and purchase any Marijuana or Marijuana Products from any licensed Marijuana Establishment. The Commission or a Commission Delegee may authorize such purchase for any investigative purposes that are consistent with St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, 935 CMR 500.000, or 935 CMR 501.000: Medical Use of Marijuana including, but not limited to, investigative testing for compliance with laboratory testing standards and identification check requirements. The purchasing employee or agent shall document the purchase, including the date, time, and place of purchase, type and amount of Marijuana or Marijuana Products, and any other information required by the Commission.
(2) Custody and Preservation of Purchases. The Marijuana or Marijuana Products purchased as part of the program shall be securely stored during transport in a manner to prevent contamination or spoilage.
(3) Contamination and Spoilage during Storage or Transport. Any contamination or spoilage of purchases under the Secret Shopper Program during storage or transport while under the control of the purchaser shall be promptly documented by the purchaser in writing and reported to the Commission. The Commission or a Commission Delegee may authorize the disposal of the contaminated or spoiled purchase, pursuant to 935 CMR 500.105(12).
(4) Use of Secret Shopper Investigative Results. Results of investigations conducted under Secret Shopper Program shall be promptly submitted to the Commission.
(5) The failure to cooperate with provisions of 935 CMR 500.303 may result in administrative or disciplinary action against the Licensee.