Current through Register 1531, September 27, 2024
(1) In addition
to the general operational requirements for MTCs required under
935
CMR 501.105 and security requirements
provided in
935
CMR 501.110, MTCs shall comply with
additional operational requirements for the cultivation, acquisition, and
distribution of Marijuana required under
935
CMR 501.120.
(2) Except as authorized by
935
CMR 501.140(3)(c) and
unless otherwise authorized by the Commission, only an MTC is permitted to
cultivate medical-use Marijuana, except for a Registered Qualifying Patient
granted a Hardship Cultivation Registration or that Patient's Personal
Caregiver. Prior to commencing operations, MTCs shall disclose all growing
media and plant nutrients intended to be used during the cultivation process.
In all instances, MTCs shall disclose all growing media and plant nutrients
being used upon request.
(3) Unless
otherwise authorized by the Commission, a cultivation location of an MTC may
cultivate Marijuana for only that MTC, and up to two additional MTCs locations
operated by the same entity Owner.
(4) All phases of the cultivation of
Marijuana shall take place in a designated, Limited Access Areas where
Marijuana is not visible from a public place without the use of binoculars,
aircraft or other optical aids. Marijuana is not visible if it cannot be
reasonably identified.
(5)
Application of Pesticides shall be performed in compliance with M.G.L. c. 132B,
and 333 CMR
2.00: General Information through
333 CMR
14.00: Protection of Children and Families
from Harmful Pesticides. Any testing results indicating noncompliance
shall be immediately reported to the Commission, who may refer any such result
to the MDAR.
(6) An MTC selling or
otherwise Transferring Marijuana to another MTC or Marijuana Establishment
shall provide documentation of its compliance, or lack thereof, with the
testing requirements of
935
CMR 501.160.
(7) An MTC may label Marijuana and MIPS with
the word "organic" only if all cultivation is consistent with US Department of
Agriculture organic requirements at 7 CFR Part 205 and consistent with the MDAR
requirements for Pesticide usage.
(8) Soil for cultivation shall meet federal
standards identified by the Commission including, but not limited to, the US
Agency for Toxic Substances and Disease Registry's Environmental Media
Evaluation Guidelines for residential soil levels.
(9) The cultivation process shall use best
practices to limit contamination including, but not limited to, mold, fungus,
bacterial diseases, rot, pests, Pesticides not in compliance with
935
CMR 501.120(5), mildew, and
any other contaminant identified as posing potential harm. Best practices shall
be consistent with state and local law including, but not limited to, the
Commission's Guidance on Integrated Pest Management.
(10) Any application of plant nutrient to
land used for the cultivation of Marijuana shall comply with St. 2012, c. 262,
as amended by St. 2013, c. 118, § 26, and
330 CMR
31.00: Plant Nutrient Application Requirements
for Agricultural Land and Non-agricultural Turf and Lawns.
(11) MTC cultivation operations shall satisfy
minimum energy efficiency and equipment standards established by the Commission
and meet all applicable environmental laws, regulations, permits and other
applicable approvals including, but not limited to, those related to water
quality and quantity, wastewater, solid and hazardous waste management, and air
pollution control, including prevention of odor and noise pursuant to
310 CMR
7.00: Air Pollution Control as a
condition of obtaining a final License under
935
CMR 501.103(2) and as a
condition of renewal under
935
CMR 501.103(4). MTC
cultivation operations shall adopt and use additional best management practices
as determined by the Commission, in consultation with the working group
established under St. 2017, c. 55, § 78(b) or applicable departments or
divisions of the EOEEA, to reduce energy and water usage, engage in energy
conservation and mitigate other environmental impacts, and shall provide energy
and water usage reporting to the Commission in a form determined by the
Commission. Each License renewal application under
935
CMR 501.103(4) must include
a report of the MTC cultivation operations' energy and water usage over the
12-month period preceding the date of application.
(12) MTC cultivation operations shall be
subject to the following minimum energy efficiency and equipment standards:
(a) The building envelope for all facilities,
except Greenhouses, shall meet minimum Massachusetts Building Code requirements
and all Massachusetts amendments (780 CMR:
State Building
Code), International Energy Conservation Code (IECC) Section C.402 or
The American Society of Heating, Refrigerating and Air-conditioning Engineers
(ASHRAE) Chapters 5.4 and 5.5 as applied or incorporated by reference in 780
CMR
: State Building Code, except that facilities using
existing buildings may demonstrate compliance by showing that the envelope
insulation complies with code minimum standards for Type Factory Industrial
F-1, as further defined in guidelines issued by the Commission.
Lighting used for MTC cultivation operations shall meet one of
the following compliance paths:
1.
Horticulture Lighting Power Density may not exceed 36 watts per square foot,
except for Tier 1 and Tier 2 which may not exceed 50 watts per square
foot;
2. All horticultural lighting
used in a facility is listed on the current Design Lights Consortium
Solid-State Horticultural Lighting Qualified Products List ("Horticultural
QPL") or other similar list approved by the Commission as of the date of
License application, and lighting Photosynthetic Photon Efficacy (PPE) is at
least 15 % above the minimum Horticultural QPL threshold rounded up to the
nearest 0.1 pmol/J (micromoles per joule); or
3. A facility seeking to use horticultural
lighting not included on the Horticultural QPL or other similar list approved
by the Commission shall seek a waiver pursuant to
935
CMR 501.850 and provide documentation of
third-party certification of the energy efficiency features of the proposed
lighting. All facilities, regardless of compliance path, shall provide
third-party safety certification by an OSHA NRTL or SCC-recognized body, which
shall certify that products meet a set of safety requirements and standards
deemed applicable to horticultural lighting products by that safety
organization.
(b) Heating
Ventilation and Air Conditioning (HVAC) and dehumidification systems shall meet
Massachusetts State Building Code requirements and all Massachusetts amendments
(780 CMR:
State Building Code), IECC Section C.403 or ASHRAE
Chapter 6 as applied or incorporated by reference in (780 CMR:
State
Building Code). As part of the documentation required under
935
CMR 501.120(11) an MTC
engaged in cultivation operations shall provide a certification from a
Massachusetts Licensed Mechanical Engineer that the HVAC and dehumidification
systems meet Massachusetts building code as specified in
935
CMR 501.120(11) and that
such systems have been evaluated and sized for the anticipated loads of the
facility.
(c) Safety protocols
shall be established and documented to protect workers, Qualifying Patients, or
Visitors (
e.g., eye protection near operating Horticultural
Lighting Equipment).
(d) The
requirements in
935
CMR 501.120 (12)(b) and (c) may not be
required if an indoor MTC cultivation operation is generating 80% or more of
the total annual on-site energy use for all fuels (expressed on a MWh basis)
from an on-site clean or renewable generating source, or renewable thermal
generation, as provided in M.G.L. c. 25A, §§ 11F and 11F1/2.
Additionally, the Licensee shall document that renewable energy credits or
alternative energy credits representing the portion of the Licensee's energy
usage not generated on-site have been purchased and retired on an annual
basis.
(e) Prior to final
licensure, an MTC applicant shall demonstrate compliance with
935
CMR 501.120 (11) by submitting an energy
compliance letter prepared by a Massachusetts Licensed Professional Engineer or
Massachusetts Licensed Registered Architect with supporting documentation,
together with submission of building plans under
935
CMR 501.103(1)(a). 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).
(f) A CMO with a final Certificate of
Licensure issued before November 1, 2019 shall have until July 1, 2020 to
comply with
935
CMR 501.120(11), except that
any additions to or renovations to a facility shall comply with
935
CMR 501.120(11). An MTC with
a final Certificate of Licensure issued before November 1, 2019 shall have
until January 1, 2021 to comply with
935
CMR 501.120(11), except that
any additions to or renovations to a facility shall comply with
935
CMR 501.120(11). An MTC
subject to
935
CMR 501.120(12)(g) may
apply for an additional six-month extension if it agrees to install meters to
monitor energy usage, water usage and other data determined by the Commission
as necessary in order to provide reports on energy usage, water usage, waste
production and other data in a form and manner determined by the
Commission.
(g) For purposes of
935
CMR 501.120(11), the
following terms shall have the following meanings:
1. Horticultural Lighting Equipment (HLE)
means any lighting equipment (
e.g. fixtures, bulbs, ballasts,
controls,
etc.) that uses energy for the cultivation of
plants, at any stage of growth (
e.g. germination,
cloning/mother plants, Propagation, Vegetation, Flowering, and
harvest).
2. Horticulture Lighting
Square Footage (HLSF) means an area to be calculated in square feet and
measured using clearly identifiable boundaries of all areas(s) that will
contain plants at any point in time, at any stage of growth, including all of
the space(s) within the boundaries, HLSF may be noncontiguous, but each unique
area included in the total HLSF calculations shall be separated by an
identifiable boundary which includes, but is not limited to: interior walls,
shelves, Greenhouse walls, hoop house walls, garden benches, hedge rows,
fencing, garden beds, or garden plots. If plants are being cultivated using a
shelving system, the surface area of each level shall be included in the total
HLSF calculation.
3. Lighting Power
Density (HLPD) means a measure of total watts of Horticultural Lighting
Equipment per total Horticulture Lighting Square Footage, (HLE/HLSF = HLPD)
expressed as number of watts per square foot.
(13) In addition to the written operating
policies required under
935
CMR 501.105(1), MTC
cultivation operations, including CMO Marijuana Cultivators, shall maintain
written policies and procedures for the cultivation, production, Transfer or
distribution of Marijuana, as applicable, which shall include, but not be
limited to:
(a) Methods for identifying,
recording, and reporting diversion, theft, or loss, for correcting all errors
and inaccuracies in inventories, and for maintaining accurate inventory. The
policies and procedures, at a minimum, shall comply with
935
CMR 501.105(8);
(b) Policies and procedures for handling
voluntary and mandatory recalls of Marijuana. Such procedures shall be adequate
to deal with recalls due to any action initiated at the request or order of the
Commission, and any voluntary action by an MTC to remove defective or
potentially defective Marijuana from the market, as well as any action
undertaken to promote public health and safety;
(c) Policies and procedures for ensuring that
any outdated, damaged, deteriorated, mislabeled, or contaminated Marijuana is
segregated from other Marijuana and destroyed. Such procedures shall provide
for written documentation of the disposition of the Marijuana. The policies and
procedures, at a minimum, shall comply with
935
CMR 501.105(12);
(d)
Policies and Procedures for
Transportation. The policies and procedures, at a minimum, shall
comply with
935
CMR 501.105(13);
(e) Policies and procedures to reduce energy
and water usage, engage in energy conservation and mitigate other environmental
impacts. The policies and procedures, at a minimum, shall comply with
935
CMR 501.105(15) and
501.120(11);
(f) Policies and procedures for ensuring fire
safety in cultivation activities including, but not limited to, the storage and
processing of chemicals or fertilizers, in compliance with the standards set
forth in
527 CMR
1.00:
Massachusetts Comprehensive Fire
Code; and
(g) Policies and
procedures for the Transfer, acquisition, or sale of Marijuana between MTCs and
Marijuana Establishments.