935 Mass. Reg. 501.145

Current through Register 1519, April 12, 2024

Section 501.145 - Home Delivery

(1)General Requirements.

(a) An MTC, or a Marijuana Courier acting on behalf of an MTC, shall obtain Commission approval prior to engaging in the delivery of Marijuana and Marijuana Products directly to a Registered Qualified Patient or Caregiver. An MTC shall comply with 935 CMR 501.110(8) and 935 CMR 501.110(9) and adhere to its policies and procedures for home delivery approved pursuant to 935 CMR 501.101(1)(c)12.

(b) All individuals delivering Marijuana and Marijuana Products for an MTC directly to Registered Qualifying Patients and Caregivers shall be employees of the MTC Licensee and shall hold a valid MTC agent registration; or, where a Marijuana Courier provides delivery services on behalf of an MTC, employees duly registered as agents of the Marijuana Courier.

(c) All Marijuana and Marijuana Products delivered by or on behalf of an MTC in fulfillment of an Individual Order shall be obtained from the MTC with which the Individual Order was placed. An MTC cannot pick up Marijuana or Marijuana Products from another MTC to fulfill an Individual Order.

(d) An MTC or Marijuana Courier may use a Third-party Technology Platform Provider to facilitate the ordering of Marijuana or Marijuana Products.

1. All agreements between an MTC or Marijuana Courier and a Third-party Technology Platform Provider shall be available for inspection and subject to the control limitations under 935 CMR 501.050(1)(b).

2. The Commission shall be notified in writing within five days of any Substantial Modification to an agreement between an MTC or Marijuana Courier and a Third-party Technology Platform Provider.

3. Any Third-party Technology Platform shall comply with privacy and patient protection standards established by the Commission.

4. The Commission shall be notified in writing on an ongoing basis of any new or additional or assigned agreements between an MTC or Marijuana Courier and a Third-party Technology Platform Provider within five days.

(e) The maximum retail value of Marijuana or Marijuana Products allowed in an MTC's vehicle at any one time shall be $10,000 and each Marijuana Product shall be associated with a specific Individual Order. For purposes of 935 CMR 501.145(1)(e), "maximum retail value" shall mean the aggregate value of Marijuana and Marijuana Products as priced on the day of the order for delivery.

(f) All Marijuana and Marijuana Product deliveries shall be tracked using the Seed-to-sale SOR as designated by the Commission.

(g) Limitations on the time for delivery shall comply with all municipal bylaws and ordinances, provided however, that all deliveries of Marijuana or Marijuana Products shall be completed before 9:00 P.M. or the time determined by municipal bylaw or ordinance, whichever occurs first, and deliveries Marijuana may not occur between the hours of 9:00 P.M. and 8:00 A.M., unless otherwise explicitly authorized by municipal bylaw or ordinance.

(h) Every effort shall be made to minimize the amount of cash carried in an MTC or Marijuana Courier vehicle at any one time. MTCs and Marijuana Couriers shall use best efforts to implement platforms for the electronic payment of funds. Where cash is carried in an MTC vehicle, the storage and transport of cash shall comply with the requirements of 935 CMR 501.110(7).

(2)Orders. All orders for deliveries made by an MTC or Marijuana Courier shall comply with the following requirements:

(a) All Marijuana and Marijuana Products delivered by or on behalf of an MTC shall comply with 935 CMR 501.145(1)(c).

(b) An MTC shall only deliver Marijuana or Marijuana Products for which it has received a specific order from a Registered Qualifying Patient or Caregiver. MTCs are prohibited from delivering Marijuana or Marijuana Products without a specific order destined for an identified Qualifying Patient or Caregiver. An order may be generated directly through the MTC or through a Third-party Technology Platform identified to the Commission under 935 CMR 501.145(1)(d).

(c) MTCs shall deliver Marijuana or Marijuana Products only to the primary residence and be prohibited from delivering Marijuana or Marijuana Products to college or university-designated dormitories or housing, federally-subsidized housing, shelters or residential programs. An Institutional Caregiver shall only receive delivery at their Caregiving Institution.

(d) Orders for home delivery shall be received by the MTC and completed after confirmation of the Registered Qualifying Patient's or Personal Caregiver's Residence.

(e) MTCs shall only deliver one Individual Order, per Qualifying Patient or Caregiver, during each delivery.

(f) Only Marijuana and Marijuana Products that are Shelf-stable may be delivered. Products that are perishable, or time and temperature controlled to prevent deterioration may not be allowed to be delivered by or on behalf of an MTC.

(g) For home delivery, each order shall be labeled and packaged in accordance with 935 CMR 501.105(5) and (6).

(h) Any Marijuana or Marijuana Product that is undeliverable or is refused by the Qualifying Patient or Caregiver shall be transported back to the originating MTC that provided the product once all other deliveries included on a delivery manifest have been made. It shall be the responsibility of the MTC, or the MTC in conjunction with the Marijuana Courier performing the delivery, to ensure that any undelivered product is returned to the MTC's physical location and stored in accordance with 935 CMR 501.105(11). A process for ensuring that undelivered Marijuana and Marijuana Products can be returned to the MTC by the Marijuana Courier shall be a term of the Delivery Agreement.

(3)Vehicle and Transport Requirements for Home Delivery.

(a) Vehicles used for home delivery by an MTC or Marijuana Courier shall be owned or leased by the MTC or Marijuana Courier and shall be properly registered as commercial vehicles, inspected and insured in the Commonwealth of Massachusetts.

(b) Vehicles and transportation operations of an MTC or Marijuana Courier shall comply with 935 CMR 501.105(13) and 501.110(7).

(c) The MTC or Marijuana Courier shall maintain a separate log for each vehicle in use for home deliveries. For each delivery, the MTC or Marijuana Courier shall record:

1. The location of the originating MTC and date and time the vehicle leaves the location;

2. The mileage of the transporting vehicle at departure from the MTC, mileage on arrival at each Registered Qualifying Patient or Caregiver destination, and mileage on return to the MTC;

3. The date and time of departure from the MTC and arrival at each patient destination for each delivery; and

4. An entry indicating the date and time of the last delivery in an order.

(d) An MTC or Marijuana Courier may not transport products other than Marijuana and Marijuana Products during times when and MTC or Marijuana Courier is performing home deliveries.

(4)Manifests.

(a) Every home delivery shall have a manifest produced by the MTC. A manifest shall be completed in duplicate, with the original manifest remaining with the originating MTC, and a copy to be kept with the MTC or Marijuana Courier agent during the delivery. The manifest shall be signed by the Registered Qualifying Patient or Caregiver receiving the Marijuana or Marijuana Products and the MTC or Marijuana Courier agent acting on behalf of the MTC. A signed manifest shall serve as the written record of the completion of the delivery.

(b) The manifest shall, at a minimum, include:

1. The originating MTC's name, address, and License number;

2. The names and agent numbers of the MTC or Marijuana Courier agents performing the delivery;

3. The Patient or caregiver's name, address, and registration number;

4. A description of the Marijuana or Marijuana Products being transported, including the weight, form or type of product, cost and transaction number entered in the patient sales system;

5. Signature lines for the agents who transported the Marijuana or Marijuana Products;

6. A signature line for the person who receives the Marijuana or Marijuana Products; and

7. The MTC or Marijuana Courier vehicle make, model, and license plate number.

(c) The manifest shall be maintained within the vehicle during the entire transportation process, until all the deliveries are completed.

(d) An MTC shall retain all transportation manifests for no less than one year and make them available to the Commission on request.