Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.803 - Suitability Standard for Registration as a Laboratory Agent
Current through Register 1531, September 27, 2024
(1) 935 CMR 501.803 shall apply to Laboratory Agents in their capacity as employees or volunteers for an Independent Testing Laboratory licensed pursuant to 935 CMR 501.029 registered with the DCJIS pursuant to 803 CMR 2.04: iCORIRegistration and the Commission for purposes of determining suitability for registration as a Laboratory Agent with the Licensee.
(2) In accordance with M.G.L. c. 94G, § 15(b)(5), the Commission is prohibited from issuing a registration to a Laboratory Agent who has been convicted of a felony drug offense in the Commonwealth or Other Jurisdictions that would be a felony drug offense in the Commonwealth.
(3) For purposes of determining suitability based on background checks performed in accordance with 935 CMR 501.803:
Table C: Registration as a Laboratory Agent. Shall apply solely to applicants for registration as a Laboratory Agent in accordance with 935 CMR 501.803 at an MTC registered or licensed pursuant to 935 CMR 501.052, or 935 CMR 500.050: Marijuana Establishments.
Time Period |
Precipitating Issue |
Result |
Present (during time from start of application process through action on application or renewal). |
Open/Unresolved Criminal Proceedings: any outstanding or unresolved criminal proceeding, the disposition of which may result in a felony conviction under the laws of the Commonwealth or a similar law in Other Jurisdictions. |
Mandatory Disqualification |
Present |
Open/Unresolved Marijuana Business-related License Violations (Massachusetts or Other Jurisdictions): an outstanding or unresolved violation of the regulations as included in 935 CMR 501.000 or a similar statute or regulations in Other Jurisdictions that has either (a) remained unresolved for a period of six months or more; or (b) the nature of which would result in a determination of unsuitability for registration. |
Presumptive Negative Suitability Determination |
Present |
Submission of False or Misleading Information to the Commission Including, but Not Limited to: Submission of information in connection with an agent application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity including lack of disclosure or insufficient disclosure; or Making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure. |
Presumptive Negative Suitability Determination |
Present |
Open Professional or Occupational License Cases |
Mandatory Disqualification |
Indefinite |
Felony Convictions in Massachusetts or Other Jurisdictions for drug offenses or trafficking crimes under M.G.L. c. 94C, § 32E, or like crimes in Other Jurisdictions. |
Mandatory Disqualification |
Preceding Five Years |
Felony Convictions or CWOF in Massachusetts or Other Jurisdictions for crimes of violence against a person, "violent crime" to be defined the same way as under M.G.L. c. 140, § 121 and M.G.L. c. 127, § 133E. |
Presumptive Negative Suitability Determination |
Preceding Seven Years |
Felony Convictions or CWOF in Massachusetts or Other Jurisdictions for crimes of dishonesty or fraud. |
Presumptive Negative Suitability Determination |
Preceding Five Years |
The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of an MTC. |
May make a Negative Suitability Determination in accordance with 935 CMR 500.800(8) |