Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.321 - Administrative Hold
Universal Citation: 935 MA Code of Regs 935.501
Current through Register 1531, September 27, 2024
(1) Pursuant to M.G.L. c. 94I and M.G.L. c. 94G, § 4(a)(xix), the Commission or a Commission Delegee may order an Administrative Hold of Marijuana, Marijuana Products or MIPs to examine and inspect an MTC to ensure compliance with the provisions of 935 CMR 501.000, 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) An MTC 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 an MTC, the Commission has reasonable cause to believe certain Marijuana or
Marijuana Products are noncompliant under
935 CMR
501.000, 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 MTC shall continue to comply with all
inventory requirements including, but not limited to,
935
CMR 501.105(8).
(c) The MTC 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 MTC.
(d) While the Administrative Hold is in
effect, the MTC 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 MTC 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 501.110.
(f) An Administrative Hold shall not prevent
an MTC 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 shall not prevent an MTC from voluntarily surrendering
Marijuana or Marijuana Products subject to an Administrative Hold, except that
the MTC shall comply with the waste disposal requirements in
935
CMR 501.105(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 501.321 may result in
administrative or disciplinary action against the Licensee.
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