935 CMR, § 500.005

Current through Register 1536, December 6, 2024

Section 500.005 - Fees

(1)Marijuana Establishment Application and License Fees.

(a) Each applicant for licensure as a Marijuana Establishment shall pay to the Commission a nonrefundable application fee, annual license fee, and to the Seed-to-sale SOR provider, a monthly Seed-to-sale licensing fee. These fees do not include the costs associated with the Seed-to-sale licensing system, which includes a monthly program fee and fees for plant and package tags. These fees do not include the costs associated with criminal background checks as required under 935 CMR 500.030 or 935 CMR 500.101(1)(b)

(b)Waiver of Fees.

1. Application fees are waived for:

a. Applicants for Microbusinesses;

b. Businesses controlled by and with majority ownership comprised of Social Equity Program Participants and/or Economic Empowerment Priority Applicants; and

c. Massachusetts Minority Business Enterprises (MBE), Women Business Enterprises (WBE), or Veteran Business Enterprises (VBE) with valid certification from the SDO and which are also considered to be Small Businesses as defined by the Commission.

This does not include the costs associated with background checks.

2. For Annual License Fees, a 50% reduction in the fee associated with an application for:

a. Businesses controlled by and with majority ownership comprised of Social Equity Program Participants and/or Economic Empowerment Priority Applicants; and

b. Massachusetts Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Veteran Business Enterprises (VBE) with valid certification from the SDO and which are also considered to be Small Businesses as defined by the Commission.

3. For Annual Delivery Licensee Fees, a 100% reduction for businesses controlled by and with majority ownership comprised of Social Equity Program Participants and/or Economic Empowerment Priority Applicants for the initial license fee payment. Upon renewal, and each year thereafter, there shall be a 50% reduction in the annual license fee for Delivery Licensees pursuant to 935 CMR 500.005(1)(b)2.

4. A Marijuana Microbusiness shall be responsible for the following annual license fees:

a. A Marijuana Microbusiness engaged in cultivation activities shall pay an annual license fee equal to 50% of the annual license fee for a Tier 1 Marijuana Cultivator;

b. A Marijuana Microbusiness engaged in product manufacturing activities shall pay an annual license fee equal to 50% of the annual license fee for a Marijuana Product Manufacturer; or

c. A Marijuana Microbusiness engaged in cultivation and product manufacturing activities shall pay an annual license fee equal to 50% of the annual license fee for a Tier 1 Marijuana Cultivator and Marijuana Product Manufacturer.

5. Seed-to-sale SOR monthly program fees are waived for:

a. Craft Marijuana Cooperatives;

b. Microbusiness Licenses;

c. Businesses controlled by and with majority ownership comprised of Economic Empowerment Priority Applicants and/or Social Equity Program Participants; and

d. Massachusetts Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Veteran Business Enterprises (VBE) with valid certification from the SDO and which are also considered to be Small Businesses as defined by the Commission.

This waiver does not include other costs associated with the Seed-to-sale licensing system, specifically the fees for plant and package tags.

6. All other applicants are responsible for the payment of fees in accordance with 935 CMR 500.005(1)(a) and may not waive their obligation pursuant to 935 CMR 500.850, Waivers.

(c) Each applicant shall choose the tier at which it will be initially licensed.

(d)Application and Annual License Fee Schedule.

License Types	Application Fees (Indoor/Outdoor)	Annual License Fee (Indoor/Outdoor)
Marijuana Cultivator (Indoor or Outdoor) Tier 1: up to 5,000 square feet Tier 2: 5,001 to 10,000 sq. ft. Tier 3: 10,001 to 20,000 sq. ft. Tier 4: 20,001 to 30,000 sq. ft. Tier 5: 30,001 to 40,000 sq. ft. Tier 6: 40,001 to 50,000 sq. ft. Tier 7: 50,001 to 60,000 sq. ft. Tier 8: 60,001 to 70,000 sq. ft. Tier 9: 70,001 to 80,000 sq. ft. Tier 10: 80,001 to 90,000 sq. ft. Tier 11: 90,0001 to 100,000 sq. ft.	$200 (I)/$100 (O) $400 (I)/$200 (O) $600 (I)/$300 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O) $2,000 (I)/$1,500 (O)	$1,250 (I)/$625 (O) $2,500 (I)/$1,250 (O) $5,000 (I)/$2,500 (O) $20,000 (I)/$10,000 (O) $22,500 (I)/$11,250 (O) $25,000 (I)/$12,500 (O) $30,000 (I)/$15,000 (O) $35,000 (I)/$17,500 (O) $40,000 (I)/$20,000 (O) $45,000 (I)/$22,500 (O) $50,000 (I)/$25,000 (O)
Craft Marijuana Cooperative	Total fees for its Canopy. If more than six locations, add $200 (I)/$100(O) per additional location.	Total fees for its Canopy. If more than six locations, add $1,250(I)/$625(O) per additional location.
Marijuana Product Manufacturing	$1,500	$10,000
Marijuana Microbusiness	$0	50% of all applicable license fees
Independent Testing Laboratory	$1,500	$10,000
Marijuana Retailer (brick-and-mortar)	$1,500	$10,000
Social Consumption Establishment	$1,500	$10,000
Marijuana Transporter: Third-party Transporter	$1,500	$5,000
Marijuana Transporter: Existing Licensee Transporter	$1,000	$5,000
Marijuana Courier	$1,500	$5,000
Marijuana Delivery Operator	$1,500	$10,000
Marijuana Establishment with a Delivery Endorsement	$500	$5,000
Marijuana Research Facility	$300	$1,000
Marijuana Research Permit	$1,000	$1,000

(e)Other Fees (cost per License).

Change in Name Fee Change in Location Fee Change in Building Structure Fee Change in Ownership or Control Fee (involving at least one entity gaining ownership/control)	$1,000 50% of applicable License Fee $1,000 $5,000 per entity, per License
Change in Ownership or Control Fee (involving individuals, e.g., change of Board Member)	$500 per person
Architectural Review Request Fee	$1,500
Packaging and Labeling Preapproval Application Fee	$50 per product

(2)Registration Card Holder Fees.

(a) An applicant for a Registration Card as a Marijuana Establishment Agent, a Laboratory Agent, or any other position designated as an agent by the Commission shall pay a nonrefundable application fee of $115 with any such application.

(b) An applicant for a renewal of a Registration Card as a Marijuana Establishment Agent, a Laboratory Agent, or any other position designated as an agent by the Commission shall pay a fee of $115.

(3)Fingerprint-based Criminal Background Checks Fees.

(a) All persons required to submit fingerprints shall pay a fee to be established by the Massachusetts Secretary of Administration and Finance, in consultation with Massachusetts Secretary of Public Safety and Security and the Commission, to offset the costs of operating and administering a Fingerprint-based criminal background-check system.

(b) The Commission may pay the fee on behalf of applicants or reimburse applicants for all or part of the fee on the grounds of financial hardship.

(c) Any fees collected from fingerprinting activity under 935 CMR 500.000 shall be deposited into the Fingerprint-based Background Check Trust Fund, established in M.G.L. c. 29, § 2HHHH.

(4) For CMOs, an applicant or Licensee shall pay the applicable fees for each Marijuana Establishment set forth in 935 CMR 500.005 and MTC set forth in 935 CMR 501.005: Fees.

(5)Preapproved Court Appointees.

(a) Each applicant seeking to be Preapproved Court Appointee shall pay a nonrefundable application fee of $500 for any such application.

(b) A Preapproved Court Appointee seeking to renew its designation shall pay a renewal fee of at least $400.