935 Mass. Reg. 500.040

Current through Register 1520, April 26, 2024

Section 500.040 - Leadership Rating Program for Marijuana Establishments and Marijuana-related Businesses

(1)Leadership Rating Categories. In a time and manner to be determined by the Commission, Licensees will be eligible to earn leadership ratings in the following categories:

(a) Social Justice Leader;

(b) Local Employment Leader;

(c) Energy and Environmental Leader; and

(d) Compliance Leader.

(2)Leadership Rating Application.

(a) Marijuana Establishments annually submit information, in a time and manner determined by the Commission, demonstrating their eligibility for the applicable leadership rating.

(b) All information submitted is subject to verification and audit by the Commission prior to the award of a leadership rating.

(c) Award of a leadership rating in one year does not entitle the applicant to a leadership rating for any other year.

(3)Leadership Rating Criteria.

(a)Social Justice Leader. In the year preceding the date of application for a leadership rating, a Licensee satisfies at least two of the following:

1. Upon the Legislature's establishment of a dedicated Social Equity or Technical Assistance Fund (Fund) or a similar fund, one percent of the Marijuana Establishment's gross revenue is donated to the Fund;

2. The Licensee has conducted 50 hours of educational seminars targeted to residents of Areas of Disproportionate Impact in one or more of the following: Marijuana cultivation, Marijuana Product manufacturing, Marijuana retailing, or Marijuana business training.

3. The Licensee can demonstrate that a majority of employees have a conviction or continuance without a finding for an offense under M.G.L. c. 94C or an equivalent conviction in Other Jurisdictions;

4. 66% or more of the Licensees employees are people of color, women, Veterans, persons with disabilities, and LGBTQ+ people;

5. The Licensee has developed, and can demonstrate execution of, a Diversity Plan or Positive Impact Plan recognized as exemplary by the Commission in its discretion; or

6. The Licensee can demonstrate that in a year, at least one percent of its gross revenue or a minimum of 20 hours of each staff member's paid time is contributed to supporting persons from communities disproportionately harmed by marijuana prohibition or an Area of Disproportionate Impact as determined by the Commission.

A Social Justice Leader may use a logo or symbol created by the Commission to indicate its leadership status.

(b)Local Employment Leader. In the year preceding the date of application for a leadership rating:

1. 51% or more of the Licensee's employees have been a Massachusetts Resident for 12 months or more, as determined by the Commission;

2. 51% or more of the Licensee's Executives have been a Massachusetts Resident for 12 months or more, as determined by the Commission; and

3. 51% or more of ancillary business service expenditures purchased by the Licensee have been from businesses with its primary place of businesses within Massachusetts.

(c)Energy and Environmental Leader. In the year preceding the date of application for a leadership rating, the Licensee has met the energy and environmental goals in one or more subcategories in compliance with criteria published as Appendix B in the Energy & Environment Compiled Guidance:

1. Energy;

2. Recycling and Waste Disposal;

3. Transportation;

4. Delivery;

5. Water Usage; or

6. Soil Sampling.

(d)Compliance Leader. In the year preceding the date of application for a leadership rating:

1. All Licensee employees have completed all required trainings for their positions within 90 days of hire;

2. The Licensee has no unresolved written deficiency statements;

3. The Licensee has not been the subject of a Cease and Desist Order or a Quarantine Order;

4. The Licensee has not had its license suspended; and

5. The Licensee has met all timelines required by the Commission.

(e) Leadership ratings will be taken into consideration by the Commission in assessing fines pursuant to 935 CMR 500.360 and disciplinary action pursuant to 935 CMR 500.450.