Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.050 - Medical Marijuana Treatment Centers (MTCs)
Universal Citation: 935 MA Code of Regs 935.501
Current through Register 1531, September 27, 2024
(1) General Requirements.
(a) An MTC is
required to be registered to do business in the Commonwealth as a domestic
business corporation or another domestic business entity in compliance with
935 CMR
501.000 and to maintain the corporation or entity in
good standing with the Secretary of the Commonwealth, DOR, and DUA.
(b)
Control
Limitations.
1. No Person or
Entity Having Direct or Indirect Control shall be granted, or hold, more than
three MTC Licenses.
2. An
Independent Testing Laboratory or Standards Laboratory Licensee, or any
associated Person or Entity Having Direct or Indirect Control, may not have a
License in any other class.
3. To
the extent that persons or entities seek to operate a testing facility in the
Counties of Dukes County and Nantucket,
935
CMR 501.200 applies.
4. The Commission shall receive notice of any
such interests as part of the application pursuant to
935
CMR 501.101.
5. Any Person or Entity Having Direct or
Indirect Control, or Licensee, shall be limited to a total of 100,000 square
feet of Canopy distributed across no more than three cultivation Licenses under
935 CMR
500.000: Adult Use of Marijuana and
three MTC Licenses.
(c)
At least one Executive of the entity seeking licensure as an MTC shall register
with DCJIS on behalf of the entity as an organization user of iCORI.
(d) An MTC applicant shall demonstrate
initial capital resources of $500,000 for its first application for licensure
as an MTC. An MTC applicant shall demonstrate initial capital resources of
$400,000 for its subsequent application(s) for licensure as an MTC.
(e) Under a single License, an MTC may not
operate more than two locations in Massachusetts at which Marijuana is
cultivated, MIPs are prepared, and Marijuana is dispensed.
(f) An MTC shall operate all activities
authorized by the License only at the address(es) reported to the Commission
for that license.
(g) All agents of
the MTC shall be registered with the Commission pursuant to
935
CMR 501.030.
(h) An MTC shall have a program to provide
reduced cost or free Marijuana to Patients with documented Verified Financial
Hardship. The plan shall outline the goals, programs, and measurements the MTC
will pursue as part of the plan.
(2) Cultivation Operations.
(a) An MTC may
perform cultivation operations only at the address approved to do so by the
Commission. At the cultivation location, MTCs may cultivate, Process, and
package Marijuana, to transport Marijuana to MTCs and to Transfer Marijuana to
other MTCs, but not to Patients.
(b) MTCs shall select a cultivation tier in
their initial application for licensure, or if one has not been previously
selected, shall do so in their next application for License renewal.
Cultivation tiers are based on the square footage of Canopy:
1. Tier 1: up to 5,000;
2. Tier 2: 5,001 to 10,000;
3. Tier 3: 10,001 to 20,000;
4. Tier 4: 20,001 to 30,000;
5. Tier 5: 30,001 to 40,000;
6. Tier 6: 40,001 to 50,000;
7. Tier 7: 50,001 to 60,000;
8. Tier 8: 60,001 to 70,000;
9. Tier 9: 70,001 to 80,000;
10. Tier 10: 80,001 to 90,000; or
11. Tier 11: 90,001 to 100,000.
(c)
Tier
Expansion. An MTC may submit an application, in a time and manner
determined by the Commission, to change the tier in which it is classified. An
MTC may change tiers to either expand or reduce production. If an MTC is
applying to expand production, it shall demonstrate that while cultivating at
the top of its production tier, it has sold 85% of its product consistently
over the six months preceding the application for expanded production for an
indoor cultivator, or during the harvest season, prior to the application for
expanded production for an outdoor cultivator.
(d)
Tier Relegation.
In connection with the License renewal process for MTC, the Commission will
review the records of the MTC during the six months prior to the application
for renewal for an indoor cultivator or during the harvest season prior to the
application for renewal for an outdoor cultivator. The Commission may reduce
the Licensee's maximum Canopy to a lower tier if the Licensee sold less than
70% of what it produced during the six months prior to the application for
renewal for an indoor cultivator or during the harvest season prior to the
application for renewal for an outdoor cultivator.
(e)
Tier Factors.
When determining whether to allow expansion or relegate a Licensee to a
different tier, the Commission may consider factors including, but not limited
to:
1. Cultivation and production history,
including whether the plants/inventory suffered a catastrophic event during the
licensing period;
2. Transfer,
sales, and excise tax payment history;
3. Existing inventory and inventory
history;
4. Sales contracts;
and
5. Any other factors relevant
to ensuring responsible cultivation, production, and inventory
management.
(3) Product Manufacturing Operations. An MTC may perform manufacturing operations only at the address approved to do so by the Commission. At the Processing location, MTCs may obtain, Manufacture, Process and package Marijuana Products, to transport Marijuana Products to MTCs and to Transfer Marijuana Products to other MTCs, but not to Patients.
(4) Dispensing Operations.
(a) An MTC may
perform dispensing operations only at the address approved to do so by the
Commission. At the dispensing location, the MTC may purchase and transport
Marijuana Products from MTCs and transport, sell, Repackage or otherwise
transfer Marijuana Products to MTCs and to Registered Qualifying
Patients.
(b) MTCs may perform home
deliveries to Registered Qualifying Patients or Personal Caregivers from their
dispensing location if approved by the Commission to do so. An MTC shall only
deliver to an Institutional Caregiver at their Caregiving
Institution.
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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