Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.321 - Administrative Hold
Universal Citation: 935 MA Code of Regs 935.500
Current through Register 1531, September 27, 2024
(1) Pursuant to M.G.L. c. 94G, § 4(a)(xix), the Commission or a Commission Delegee may order an Administrative Hold of Marijuana or Marijuana Products to examine and inspect a Marijuana Establishment to ensure compliance with the provisions of 935 CMR 500.000, prevent the destruction of evidence, prevent the diversion of Marijuana or Marijuana Products, or as otherwise necessary to protect the public health, safety or welfare.
(2) A Marijuana Establishment subject to an Administrative Hold shall retain its inventory pending further investigation by the Commission or a Commission Delegee pursuant to the following procedure:
(a) If during an investigation or inspection
of a Marijuana Establishment, the Commission has reasonable cause to believe
certain Marijuana or Marijuana Products are noncompliant under
935 CMR
500.000, or otherwise constitutes a threat to the
public health, safety or welfare, the Commission may issue a notice to
administratively hold any Marijuana or Marijuana Product. The notice shall
identify the Marijuana or Marijuana Product subject to the Administrative Hold
and a concise statement stating the reasons relied on in the issuance of the
Administrative Hold.
(b) Following
the issuance of a notice of Administrative Hold, the Commission will identify
and mark the Marijuana or Marijuana Product subject to the Administrative Hold
in the Commission's Seed-to-sale SOR. The Marijuana Establishment shall
continue to comply with all inventory requirements including, but not limited
to, 935 CMR
500.105(8).
(c) The Marijuana Establishment shall
completely and physically segregate the Marijuana or Marijuana Product subject
to the Administrative Hold in a Limited Access Area, where it shall be
safeguarded by the Marijuana Establishment.
(d) While the Administrative Hold is in
effect, the Marijuana Establishment shall be prohibited from selling,
transporting or otherwise Transferring or destroying the Marijuana or Marijuana
Product subject to the Administrative Hold, except as otherwise authorized by
the Commission.
(e) While the
Administrative Hold is in effect, the Marijuana Establishment shall safeguard
the Marijuana or Marijuana Product subject to the Administrative Hold and shall
fully comply with all security requirements including, but not limited to,
935
CMR 500.110.
(f) An Administrative Hold may not prevent a
Marijuana Establishment from the continued possession, cultivation or
harvesting of the Marijuana or Marijuana Product subject to the Administrative
Hold, unless otherwise provided by an order of the Commission. All Marijuana or
Marijuana Products subject to an Administrative Hold shall be put into
separately tracked Production Batches.
(g) An Administrative Hold may not prevent a
Marijuana Establishment from voluntarily surrendering Marijuana or Marijuana
Products subject to an Administrative Hold, except that the Marijuana
Establishment shall comply with the waste disposal requirements in
935
CMR 500.105(12).
(h) At any time after the initiation of the
Administrative Hold, the Commission or a Commission Delegee may modify, amend
or rescind the Administrative Hold.
(i) The failure to cooperate with provisions
of 935 CMR 500.321 may result in
administrative or disciplinary action against the Licensee.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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