935 CMR, § 501.103

Current through Register 1536, December 6, 2024

Section 501.103 - Licensure and Renewal

(1)Provisional License. On selection by the Commission, an applicant shall submit the required License fee and subsequently be issued a provisional License to develop an MTC, in the name of the entity. Such provisional License shall be subject to reasonable conditions specified by the Commission, if any.

(a) The Commission shall review architectural plans for the building or renovation of an MTC. Construction or renovation related to such plans may not begin until the Commission has granted approval. Submission of such plans shall occur in a manner and form established by the Commission including, but not limited to, a detailed floor plan of the Premises of the proposed MTC that identifies the square footage available and describes the functional areas of the MTC, including areas for any preparation of Marijuana Products, and, if applicable, such information for the single allowable off-Premises location in Massachusetts where Marijuana will be cultivated or Marijuana Products will be prepared; and a description of plans to ensure that the MTC will be compliant with requirements of the Americans with Disabilities Act (ADA) Accessibility Guidelines.

To demonstrate compliance with 935 CMR 501.120(11), an MTC applicant shall also submit an energy compliance letter prepared by a Massachusetts Licensed Professional Engineer or Massachusetts Licensed Registered Architect with supporting documentation.

(b) An MTC shall construct its facilities in accordance with 935 CMR 501.000, conditions set forth by the Commission in its provisional License and architectural review, and any applicable state and local laws, regulations, permits or licenses.

(c) The Commission may conduct inspections of the facilities, as well as review all written materials required in accordance with 935 CMR 501.000.

(d) The applicable License fee shall be paid within 90 days from the date the applicant was approved for a provisional License by the Commission. Failure to pay the applicable License fee within the required time frame will result in the License approval expiring. If this occurs, a new License application will need to be completed pursuant to 935 CMR 501.101 and will require Commission approval.

(e) To the extent updates are required to the information provided for initial licensure, the MTC shall submit an updated energy compliance letter prepared by a Massachusetts Licensed Professional Engineer or Massachusetts Licensed Registered Architect with supporting documentation, together with a renewal application submitted under 935 CMR 501.103(4).

(2)Final License. On completion of all inspections required by the Commission, an MTC is eligible for a final License. All information described in 935 CMR 501.000 that is not available at the time of submission shall be provided to and approved by the Commission before an MTC may receive a final License. Such final Licenses shall be subject to reasonable conditions specified by the Commission, if any.

(a) No person or entity shall operate an MTC without a final License issued by the Commission.

(b) A provisional or final License may not be assigned or transferred without prior Commission approval.

(c) A provisional or final License shall be immediately void if the MTC Ceases to Operate or if, without the permission of the Commission, it relocates.

(d) Acceptance of a provisional or final License constitutes an agreement by the MTC that it will adhere to the practices, policies, and procedures that are described in its application materials, as well as all relevant laws, regulations, and any conditions imposed by the Commission as part of licensure.

(e) The MTC shall post the final License in a conspicuous location on the Premises at each Commission-approved location.

(f) The MTC shall conduct all activities authorized by 935 CMR 501.000 at the address(es) identified on the final License issued by the Commission.

(3) The MTC shall be operational within the time indicated in 935 CMR 501.101 (1)(c)5. or as otherwise amended through the application process and approved by the Commission through the issuance of a final License.

(4)Expiration and Renewal of Licensure. The MTC's License, as applicable, shall expire one year after the date of issuance of the provisional License and annually thereafter, and may be renewed as follows, unless an action has been taken based on the grounds set forth in 935 CMR 501.450:

(a) No later than 90 calendar days prior to the expiration date, an MTC shall submit a completed renewal application to the Commission in a form and manner determined by the Commission, as well as the required License fee.

(b) The MTC shall submit as a component of the renewal application a report or other information demonstrating the establishment's efforts to comply with the plans required under 935 CMR 501.101(1), including 935 CMR 501.101(1)(a)11. and 935 CMR 501.101(1)(c)8.k., as applicable. The report will, at a minimum, have detailed, demonstrative, and quantifiable proof of the establishment's efforts, progress, and success of said plans.

(c) An MTC engaged in indoor cultivation shall include a report of the MTC's energy and water usage over the 12-month period preceding the date of the application.

(d) To the extent updates are required to the information provided for initial licensure, the MTC shall submit an updated energy compliance letter prepared by a Massachusetts Licensed Professional Engineer or Massachusetts Licensed Registered Architect with supporting documentation, together with a renewal application submitted under 935 CMR 501.103(4).

(e) The MTC shall submit as a component of the renewal application certification of good standing from the Secretary of the Commonwealth, the DOR, and the DUA. Certificates of good standing will be accepted if issued within 90 days of the submittal of the renewal application.

(f) The MTC shall update as needed, and ensure the accuracy of, all information that it submitted on its initial application for a License.

(g) The MTC shall comply with the requirements of 935 CMR 501.104(1) in accordance with that section separately from the renewal application.

(h) The Commission shall issue a renewal License within 30 days of receipt of a renewal application and renewal License fee from an MTC to a Licensee, if the Licensee:

1. Is in good standing with the Secretary of the Commonwealth, DOR, and DUA;

2. Provided documentation demonstrating substantial effort or progress towards achieving its goals submitted as part of its plans required under 935 CMR 501.101(1), including 935 CMR 501.101(1)(a)11. and 501.101(1)(c)8.k., as applicable; and

3. No new information submitted as part of the renewal application, or otherwise obtained, presents suitability issues for any individual or entity listed on the application or License.

(i) CMO Marijuana Retailers shall submit the following information pertaining to patient supply of marijuana:

1. The licensee's policy and the procedures (e.g., data points, formulas) relied on to determine what constitutes a sufficient quantity and variety of marijuana products consistent with 935 CMR 501.140(13); and

2. The licensee's policy and procedures for determining what qualifies as a reasonable substitution for a medical marijuana product under 935 CMR 501.140(13) and its policy for communicating reliance on the substitution to Patients.

(h) The MTC shall comply with the requirements of 935 CMR 501.104(1) in accordance with that section separately from the renewal application.

(i) The Commission shall issue a renewal License within 30 days of receipt of a renewal application and renewal License fee from an MTC to a Licensee, if the Licensee:

1. Is in good standing with the Secretary of the Commonwealth, DOR, and DUA;

3. No new information submitted as part of the renewal application, or otherwise obtained, presents suitability issues for any individual or entity listed on the application or License.

(j) CMO Marijuana Retailers shall submit the following information pertaining to patient supply of marijuana:

1. The licensee's policy and the procedures (e.g., data points, formulas) relied on to determine what constitutes a sufficient quantity and variety of marijuana products consistent with 935 CMR 501.140(13); and