935 Mass. Reg. 500.141

Current through Register 1518, March 29, 2024

Section 500.141 - Additional Operational Requirements for Social Consumption Establishments

(1) In addition to the general operational requirements for Marijuana Establishments required under 935 CMR 500.105, and except as otherwise provided in 935 CMR 500.141, a Social Consumption Establishment shall comply with 935 CMR 500.110, and additional operational requirements under 935 CMR 500.140 and 500.141.

(2)Written Policies and Procedures. In addition to the written operating policies required under 935 CMR 500.105(1), prior to commencing operations, a Social Consumption Establishment shall maintain written policies and procedures for the sale, distribution, and serving of Marijuana and Marijuana Products and provide in-house training to employees to the extant not covered in a Responsible Vendor Training Program course on such policies and procedures. In-house training provided under 935 CMR 500.141(2) may be counted toward the eight-hour total training requirement required under 935 CMR 500.105(2)(a). Such written policies and procedures shall include, without limitation:

(a) Methods for identifying, recording, and reporting diversion, theft, or loss, and for correcting all errors and inaccuracies in inventories in compliance with 935 CMR 500.110(9) and 935 CMR 500.141(8);

(b) Procedures to ensure that all sales of Marijuana and Marijuana Products under a Social Consumption Establishment license shall include a label or supplementary insert with the following information:

1. The symbols issued by the Commission under 935 CMR 500.105(5)(b)15. and 16.;

2. The following statement, including capitalization: "This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.";

3. Additionally, for Edibles, the warning, "The impairment effects of Edibles may be delayed by two hours or more";

4. The name and contact information of the Marijuana Establishment that produced the Marijuana or Marijuana Product;

5. The results of sampling, testing and analysis conducted by an Independent Testing Laboratory;

6. A seal certifying the Marijuana or Marijuana Products meets such testing standards;

7. A unique batch number identifying the Production Batch associated with manufacturing, Processing, and cultivating;

8. A list of ingredients and possible allergens;

9. The amount of delta-nine-tetrahydrocannabinol (Î"9-THC) in the package and in each serving of Marijuana or Marijuana Product as expressed in absolute terms and as a percentage of volume;

10. An explanation of the number of "servings" in the package; and

11. A use-by date, if applicable;

(c) Security procedures, including specific plans for securing entrances and that all Marijuana and Marijuana Products are kept out of plain sight and not visible from a public place;

(d) Procedures to ensure prevention of diversion;

(e) Procedures to ensure the prevention of a Consumer from bringing Marijuana or Marijuana Products onto the Premises that have not been obtained from the Social Consumption Establishment, including policies for ensuring Marijuana Accessories brought on site, do not contain Marijuana or Marijuana Products not obtained from the Social Consumption Establishment;

(f) Procedures to ensure that Marijuana or Marijuana Products purchased on-site does not leave the Premises; except as otherwise authorized in 935 CMR 500.141(3)(a);

(g) Procedures for the storage of Marijuana or Marijuana Products including, but not limited to, disposal procedures for unconsumed Marijuana or Marijuana Products;

(h) Procedural and operational plans making a diligent effort to assist Consumers who may be impaired in finding means of transportation. Such requirements shall be tailored to the region in which the establishment is located.

(i) Procedures to ensure that Consumers are not overserved, including the developments of standards, consistent with Responsible Vendor Training, for Marijuana Establishment Agents to use to evaluate impairment;

(j) Procedures to ensure that no one younger than 21 years old may access the establishment;

(k) If vaporization or other non-smoking forms of consumption involving heat are permitted indoors, procedures and building plans or schematic to ensure that:

1. The area(s) in which consumption involving heat takes place are isolated from the other areas, separated by walls and a secure door, with access only from the Social Consumption Establishment;

2. Employees may monitor the consumption area from a smoke-free, vapor-free area; and

3. A ventilation system directs air from the consumption area to the outside of the building through a filtration system sufficient to remove visible vapor, consistent with all applicable building codes and ordinances, and adequate to eliminate odor at the property line;

(l) Procedures to ensure that no sales occur within the consumption area;

(m) Procedures to ensure that smoking as defined by M.G.L. c. 270, § 22 is prohibited indoors.

(n) Sanitary practices in compliance with 105 CMR 590.000: State Sanitary Code Chapter X: Minimum Sanitation Standards for Food Establishments; and

(o) A detailed description of qualifications and intended training(s) for Marijuana Establishment Agents who will be employees;

(3)Limitation on Sales.

(a) Social Consumption Establishment agents shall only sell Marijuana or Marijuana Products to individuals in an amount reasonable for on-site consumption. Notwithstanding the terms of 935 CMR 500.140(3)(a), 500.140(4)(c) and 500.150(4)(a) and(b), Consumers may not purchase more than 20 milligrams of delta-nine-tetrahydrocannabinol ()9-THC) within any single day. Unconsumed Marijuana or Marijuana Product(s) that is packaged by the establishment in a Commission preapproved sealed and resealable exit bag may be removed from the Premises.

(b) A Social Consumption Establishment may not knowingly sell to a Consumer more than 20 milligrams of delta-nine-tetrahydrocannabinol ()9-THC) per day.

(c)Sale of Edibles . Sale of Edibles shall be limited to pre-packaged Shelf-stable items. Products that are perishable, or "Time/ and Temperature Controlled for Safety Food" as it is defined in the 2013 Retail Food Code as adopted under 105 CMR 590.001(A) or time and temperature controlled to prevent deterioration may not be allowed to be sold.

(d)Sale of Shelf-stable Products. A Social Consumption Establishment may sell food pre-packaged, Shelf-stable and drink items other than Edibles if it acquires all necessary licenses and permits to do so. A Marijuana Social Consumption Establishment may not sell alcohol or tobacco products.

(e)A Social Consumption Establishment May Sell Marijuana Accessories. A Social Consumption Establishment may sell items not expressly authorized herein only after receiving the express written permission of the Commission following receipt of an application in a form and manner determined by the Commission.

(4)Social Consumption Sales.

(a) Except as otherwise authorized in 935 CMR 500.141(3)(a), the sale of Marijuana and Marijuana Products for consumption on-site shall take place in compliance with the following:

1. Except as otherwise authorized in 935 CMR 500.141(3)(a), Marijuana and Marijuana Products may only be used by Consumers on the Premises who have demonstrated in compliance with 935 CMR 500.140(2)(b) that they are 21 years of age or older;

2. In addition to the requirements of 935 CMR 500.140(6), a Social Consumption Establishment shall distribute to each Consumer a Consumer information card, which shall be provided by the Commission that informs Consumers about the impairment effects of different forms of consumption of Marijuana or Marijuana Products including, but not limited to, the length of time that the Marijuana or Marijuana Products may take in order to take effect, and information to prevent impaired driving. The informational card will be scientifically based. The information card will be two-sided and presented in a form and manner determined by the Commission.

3. Consumer shall orally affirm to a Marijuana Establishment Agent receipt and understanding of the Consumer information card prior to the dispensing of Marijuana or Marijuana Products.

(b) A Social Consumption Establishment may not allow the consumption of alcohol or the smoking of tobacco, or the sale of alcohol or tobacco on the Premises.

(c) All Marijuana and Marijuana Product sales shall be tracked using the Seed-to-sale SOR.

(d) Limitations on the time for sales of Marijuana or Marijuana Products shall comply with all municipal bylaws and ordinances. Unless otherwise explicitly authorized by the municipality, sales shall only occur between the hours of 8:00 A.M. and 9:00 P.M.

(e) Every effort shall be made to minimize the amount of cash held by a Social Consumption Licensee at any one time. Licensees shall use best efforts to implement platforms for the electronic payment of funds.

(f) A Social Consumption Establishment Agent may refuse the sale of Marijuana or Marijuana Products based on a reasonable belief that a Consumer is visibly impaired.

(5)Age Verification.

(a) Entry into the Premises of a Social Consumption Establishment by Persons younger than 21 years old is prohibited;

(b) On entry into the Premises of a Social Consumption Establishment by an individual, a Marijuana Establishment Agent shall immediately inspect the individual's proof of identification and determine the individual's age. An individual may not be admitted to the Premises, unless the establishment has verified that the individual is 21 years of age or older by an individual's proof of identification.

(c) At the point of sale by an individual, a Marijuana Establishment Agent shall inspect the individual's proof of identification and determine the individual's age.

(6)Consumption Areas.

(a) Where needed for security or health reasons, a Social Consumption Establishment shall separate the designated sales and consumption areas. Each area shall be isolated from other areas of the establishment. The consumption area shall be separated by walls and a secure door and accessible only from the sales area.

(b) The consumption area shall be visible to individuals located in the sales area.

(c) The Marijuana Establishment shall maintain an updated diagram of the consumption area which shall show the location of:

1. The licensed Premises of the Marijuana Establishment;

2. Serving area or areas;

3. Ventilation exhaust points, if applicable;

4. The employee monitoring area;

5. Doors, windows, or other exits; and

6. Any other information required by the Commission.

(d) Consumption of Marijuana or Marijuana Products through vaporization or other nonsmoking forms of consumption involving heat shall require the following:

1. A ventilation system that directs air from the consumption area to the outside of the building through a filtration system sufficient to remove vapor, consistent with all applicable building codes and ordinances, and adequate to eliminate odor at the property line.

2. A smoke-free area for agents to monitor the Marijuana consumption area.

(e) The establishment shall have a standard operating procedure to ensure the health of agents in the cleaning and sanitation of all consumption areas.

(f) A Social Consumption Establishment shall provide Consumers with adequate, readily accessible toilet facilities that are maintained in a sanitary condition and in good repair.

(g) Vaping may be permitted in a designated outdoor area if it is not in view of the general public and complies with 105 CMR 661.200: Smoking in Outdoor Spaces.

(7)Waste Disposal.

(a) The Social Consumption Establishment shall be responsible for ensuring Consumers dispose of any unused Marijuana or Marijuana Products prior to exiting the establishment.

(b) The Social Consumption Establishment shall provide a secure receptacle to dispose of Marijuana or Marijuana Products sold on-site, but not consumed by the Consumer prior to exiting the establishment.

(c) Marijuana or Marijuana Products returned by a Consumer shall be disposed of in accordance with 935 CMR 500.105(12).

(8)Incident Reporting.

(a) The Social Consumption Establishment shall provide notice to appropriate Law Enforcement Authorities and the Commission in accordance with 935 CMR 500.110(8).

(b) In addition to the incidents identified in 935 CMR 500.110(9)(a), a Social Consumption Establishment shall provide notification shall notify the Commission of any of the following incidents immediately, and in no instance, no more than 24 hours after the following occasions:

1. Any instance involving the consumption of tobacco, tobacco products or alcohol on the Premises;

2. Any instance involving the consumption of any Marijuana or Marijuana Product not purchased from the Social Consumption Establishment; or

3. Any instance involving the consumption of any Marijuana or Marijuana Product in a designated sales area or other area outside the designated consumption area.

(9)Prohibitions. A Social Consumption Establishment may not:

(a) Sell Marijuana or Marijuana Products other than those authorized pursuant to 935 CMR 500.141.

(b) Allow a Consumer to smoke or otherwise consume Marijuana through combustible methods, except outdoors as otherwise authorized under 935 CMR 500.000, so long as smoking is not a nuisance to the non-smoking public.

(c) Allow any agent to consume Marijuana or Marijuana Products during the course of a work shift;

(d) Allow the consumption of tobacco or tobacco products or alcohol or alcoholic products on the Premises;

(e) Allow the possession or consumption of any Marijuana or Marijuana Product that was not purchased from the Social Consumption Establishment;

(f) Offer to sell or sell any Marijuana or Marijuana Product for a discounted or promotional price or for any price other than the product's fixed price;

(g) Gift or discount Marijuana and Marijuana Products;

(h) Allow, encourage or permit any organized game or contest involving the consumption of Marijuana or Marijuana Product or awarding of Marijuana or Marijuana Products as a prize;

(i) Advertise, market or brand any practice prohibited under 935 CMR 500.141(9) or 935 CMR 500.105(4)(b); and

(j) May not permit Consumers determined to be impaired by its Marijuana Establishment Agents to purchase additional Marijuana or Marijuana Products while still impaired.

(10)Outdoor Smoking Waiver.

(a) The prohibition on smoking in an indoor area cannot be waived.

(b) The prohibition on smoking in a designated outdoor area may be subject to a waiver in accordance with the following process:

1. The waiver request shall comply with the requirements outlined in 935 CMR 500.850(1);

2. On receipt of the waiver request and written documentation, the Commission shall submit the request and documentation to the Board of Health or Health Commissioner in the municipality where the Social Consumption Establishment is located. The Commission shall request that the local health authority examine the waiver and documentation and provide a determination whether the proposed outdoor smoking activity would:

a. Comply with the municipality's applicable local rules and regulations pertaining to Smoking;

b. Be compatible with uses in the surrounding community;

c. Not pose an unacceptable risk to public, health, safety or welfare greater than if consumption were to occur indoors;

d. Would not be in view of the general public;

e. Be physically separated from an enclosed workspace and there is no migration of smoke into the workplace;

f. Comply with the following requirements:

i. In accordance with M.G.L. c. 270, § 22, any outdoor space that has a structure capable of being enclosed, regardless of the materials or removable nature of the walls or covers, shall be regarded as an enclosed space when the walls or covers are in place.

ii. The outdoor space shall be open to the air at all times. For purposes of 105 CMR 661.000: Regulations Implementing M.G.L. c. 270, § 22, this shall mean that the space has thorough, unobstructed circulation of outside air to all parts of the outdoor space. An outdoor space shall be presumed to meet this test if:

(A) the space has a ceiling and at least ½ of the total surface area of the walls and other vertical boundaries of the space permits unobstructed flow of outside air into the space; or

(B) the space has no ceiling and no more than two walls or other vertical boundaries of the space that obstruct the flow of air into the space exceed eight feet in height.

iii. For purposes of 105 CMR 661.000: Regulations Implementing M.G.L. c. 270, § 22, a ceiling shall include any top or covering that is placed or maybe placed over a space, or any other structure or arrangement above the space (including substantial coverage by umbrellas or awnings) that may impede the flow of air into the space, regardless of the type or nature of the materials or the partial or removable nature of the covering.

iv. The local board of health shall be notified in writing prior to initiating construction or renovation of an outdoor space for the purpose of permitting smoking, if such construction or renovation requires notification of the local building department or a licensing authority.