(1)
Provisional License. On selection by the Commission,
an applicant shall submit the required License fee and subsequently be issued a
provisional License to develop an MTC, in the name of the entity. Such
provisional License shall be subject to reasonable conditions specified by the
Commission, if any.
(a) The Commission shall
review architectural plans for the building or renovation of an MTC.
Construction or renovation related to such plans may not begin until the
Commission has granted approval. Submission of such plans shall occur in a
manner and form established by the Commission including, but not limited to, a
detailed floor plan of the Premises of the proposed MTC that identifies the
square footage available and describes the functional areas of the MTC,
including areas for any preparation of Marijuana Products, and, if applicable,
such information for the single allowable off-Premises location in
Massachusetts where Marijuana will be cultivated or Marijuana Products will be
prepared; and a description of plans to ensure that the MTC will be compliant
with requirements of the Americans with Disabilities Act (ADA) Accessibility
Guidelines.
To demonstrate compliance with
935
CMR 501.120(11), an MTC
applicant shall also submit an energy compliance letter prepared by a
Massachusetts Licensed Professional Engineer or Massachusetts Licensed
Registered Architect with supporting documentation.
(b) An MTC shall construct its facilities in
accordance with
935 CMR
501.000, conditions set forth by the Commission in its
provisional License and architectural review, and any applicable state and
local laws, regulations, permits or licenses.
(c) The Commission may conduct inspections of
the facilities, as well as review all written materials required in accordance
with 935 CMR
501.000.
(d) The applicable License fee shall be paid
within 90 days from the date the applicant was approved for a provisional
License by the Commission. Failure to pay the applicable License fee within the
required time frame will result in the License approval expiring. If this
occurs, a new License application will need to be completed pursuant to
935
CMR 501.101 and will require Commission
approval.
(e) To the extent updates
are required to the information provided for initial licensure, the MTC shall
submit an updated energy compliance letter prepared by a Massachusetts Licensed
Professional Engineer or Massachusetts Licensed Registered Architect with
supporting documentation, together with a renewal application submitted under
935
CMR 501.103(4).
(2)
Final
License. On completion of all inspections required by the
Commission, an MTC is eligible for a final License. All information described
in 935 CMR
501.000 that is not available at the time of
submission shall be provided to and approved by the Commission before an MTC
may receive a final License. Such final Licenses shall be subject to reasonable
conditions specified by the Commission, if any.
(a) No person or entity shall operate an MTC
without a final License issued by the Commission.
(b) A provisional or final License may not be
assigned or transferred without prior Commission approval.
(c) A provisional or final License shall be
immediately void if the MTC Ceases to Operate or if, without the permission of
the Commission, it relocates.
(d)
Acceptance of a provisional or final License constitutes an agreement by the
MTC that it will adhere to the practices, policies, and procedures that are
described in its application materials, as well as all relevant laws,
regulations, and any conditions imposed by the Commission as part of
licensure.
(e) The MTC shall post
the final License in a conspicuous location on the Premises at each
Commission-approved location.
(f)
The MTC shall conduct all activities authorized by
935 CMR
501.000 at the address(es) identified on the final
License issued by the Commission.
(3) The MTC shall be operational within the
time indicated in
935
CMR 501.101 (1)(c)5. or as otherwise amended
through the application process and approved by the Commission through the
issuance of a final License.
(4)
Expiration and Renewal of Licensure. The MTC's
License, as applicable, shall expire one year after the date of issuance of the
provisional License and annually thereafter, and may be renewed as follows,
unless an action has been taken based on the grounds set forth in
935
CMR 501.450:
(a) No later than 90 calendar days prior to
the expiration date, an MTC shall submit a completed renewal application to the
Commission in a form and manner determined by the Commission, as well as the
required License fee.
(b) The MTC
shall submit as a component of the renewal application a report or other
information demonstrating the establishment's efforts to comply with the plans
required under
935
CMR 501.101(1), including
935
CMR 501.101(1)(a)11. and
935
CMR 501.101(1)(c)8.k., as
applicable. The report will, at a minimum, have detailed, demonstrative, and
quantifiable proof of the establishment's efforts, progress, and success of
said plans.
(c) An MTC engaged in
indoor cultivation shall include a report of the MTC's energy and water usage
over the 12-month period preceding the date of the application.
(d) To the extent updates are required to the
information provided for initial licensure, the MTC shall submit an updated
energy compliance letter prepared by a Massachusetts Licensed Professional
Engineer or Massachusetts Licensed Registered Architect with supporting
documentation, together with a renewal application submitted under
935
CMR 501.103(4).
(e) The MTC shall submit as a component of
the renewal application certification of good standing from the Secretary of
the Commonwealth, the DOR, and the DUA. Certificates of good standing will be
accepted if issued within 90 days of the submittal of the renewal
application.
(f) The MTC shall
update as needed, and ensure the accuracy of, all information that it submitted
on its initial application for a License.
(g) The MTC shall comply with the
requirements of
935
CMR 501.104(1) in
accordance with that section separately from the renewal application.
(h) The Commission shall issue a renewal
License within 30 days of receipt of a renewal application and renewal License
fee from an MTC to a Licensee, if the Licensee:
1. Is in good standing with the Secretary of
the Commonwealth, DOR, and DUA;
2.
Provided documentation demonstrating substantial effort or progress towards
achieving its goals submitted as part of its plans required under
935
CMR 501.101(1), including
935
CMR 501.101(1)(a)11. and
501.101(1)(c)8.k., as applicable; and
3. No new information submitted as part of
the renewal application, or otherwise obtained, presents suitability issues for
any individual or entity listed on the application or License.
(i) CMO Marijuana Retailers shall
submit the following information pertaining to patient supply of marijuana:
1. The licensee's policy and the procedures
(e.g., data points, formulas) relied on to determine what constitutes a
sufficient quantity and variety of marijuana products consistent with
935
CMR 501.140(13);
and
2. The licensee's policy and
procedures for determining what qualifies as a reasonable substitution for a
medical marijuana product under
935
CMR 501.140(13) and its
policy for communicating reliance on the substitution to Patients.
(h) The MTC shall comply with the
requirements of
935
CMR 501.104(1) in
accordance with that section separately from the renewal application.
(i) The Commission shall issue a renewal
License within 30 days of receipt of a renewal application and renewal License
fee from an MTC to a Licensee, if the Licensee:
1. Is in good standing with the Secretary of
the Commonwealth, DOR, and DUA;
2.
Provided documentation demonstrating substantial effort or progress towards
achieving its goals submitted as part of its plans required under
935
CMR 501.101(1), including
935
CMR 501.101(1)(a)11. and
501.101(1)(c)8.k., as applicable; and
3. No new information submitted as part of
the renewal application, or otherwise obtained, presents suitability issues for
any individual or entity listed on the application or License.
(j) CMO Marijuana Retailers shall
submit the following information pertaining to patient supply of marijuana:
1. The licensee's policy and the procedures
(
e.g., data points, formulas) relied on to determine what
constitutes a sufficient quantity and variety of marijuana products consistent
with 935 CMR
501.140(13); and
2. The licensee's policy and procedures for
determining what qualifies as a reasonable substitution for a medical marijuana
product under
935
CMR 501.140(13) and its
policy for communicating reliance on the substitution to Patients.