935 CMR, § 501.801

Current through Register 1536, December 6, 2024

Section 501.801 - Suitability Standard for Licensure

(1) In accordance with M.G.L. c. 94I and M.G.L. c. 94G, § 5, the Commission is prohibited from licensing an MTC where an individual who is a Person Having Direct or Indirect Control has been convicted of a felony or offense in an Other Jurisdiction that would be a felony in the Commonwealth, except a prior conviction solely for a Marijuana offense or solely for a violation of M.G.L. c. 94C, § 34, unless the offense involved distribution of a controlled substance, including Marijuana, to a minor.

(2) For purposes of determining suitability based on background checks in accordance with 935 CMR 501.101(1)(b):

(a) All conditions, offenses, and violations are construed to include Massachusetts law or like or similar law(s) of Other Jurisdictions.

(b) All criminal disqualifying conditions, offenses, and violations include the crimes of attempt, accessory, conspiracy, and solicitation.

(c) Juvenile dispositions shall not be considered as a factor for determining suitability.

(d) Where applicable, all look back periods for criminal conditions, offenses, and violations included in 935 CMR 501.801: Table A commence on the date of disposition; provided, however, that if disposition results in incarceration in any institution, the look back period shall commence on release from incarceration.

(e) Unless otherwise specified in Table, a criminal condition, offense or violation include both convictions, which include guilty pleas and pleas of nolo contendere, and dispositions resulting in continuances without a finding or other disposition constituting an admission to sufficient facts, but shall exclude other non-conviction dispositions.

(3) Licensees and Registered Agents shall remain suitable at all times a License or registration remains in effect. An individual subject to this section shall notify the Commission in writing of any charge or conviction of an offense that would result in a presumptive negative suitability determination or mandatory disqualification under 935 CMR 501.801: Table A, 935 CMR 501.802: Table B and 935 CMR 501.803: Table C within ten days of such individual's arrest or summons, and within ten days of the disposition on the merits of the underlying charge. Failure to make proper notification to the Commission may be grounds for disciplinary action. If the Commission lawfully finds a disqualifying event and the individual asserts that the record was sealed, the Commission may require the individual to provide proof from a court evidencing the sealing of the case.

Table A: MTC Licensees. Shall apply to applicants, Licensees and Persons or Entities Having Direct or Indirect Control in accordance with 935 CMR 501.101(1) and 935 CMR 501.103(4).

Time Period	Precipitating Issue	Result
Present (during time from start of application process through action on application or renewal).	Open/Unresolved Criminal Proceedings: Any outstanding or unresolved criminal proceeding, the disposition of which may result in a felony conviction under the laws of the Commonwealth or Other Jurisdictions, but excluding any criminal proceeding based solely on a Marijuana-related offense or a violation of M.G.L. c. 94C, § 32E(a) or 34.	Mandatory Disqualification
Present	Outstanding or Unresolved Criminal Warrants	Presumptive Negative Suitability Determination
Present	Submission of Untruthful Information to the Commission Including, but Not Limited to: Submission of information in connection with a License application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure; or Making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure.	Presumptive Negative Suitability Determination
Present	Open/Unresolved Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions)	Presumptive Negative Suitability Determination
Present	Open Professional or Occupational License Cases	Presumptive Negative Suitability Determination
Indefinite	Sex Offender Registration: Required to register as a sex offender in Massachusetts or an Other Jurisdiction.	Mandatory Disqualification
Indefinite	Felony Convictions in Massachusetts or an Other Jurisdiction Including, but Not Limited to: Felony weapons violation involving narcotics; Felony involving violence against a person; Felony involving theft or fraud; Felony drug, excluding conviction solely for a Marijuana-related offense or solely for a violation of M.G.L. c. 94C, § 34.	Mandatory Disqualification
Indefinite	Conviction or Continuance without a Finding (CWOF) for Any Distribution of a Controlled Substance to a Minor	Mandatory Disqualification
Indefinite	Non-felony Weapons Violations, Including Firearms, Involving Narcotics	Presumptive Negative Suitability Determination
Indefinite	Firearms-related Crimes	Presumptive Negative Suitability Determination
Indefinite	Multiple Crimes of Operating under the Influence Two offenses within a ten-year period; or Three or more offenses within any period of time.	Presumptive Negative Suitability Determination
Preceding Five Years	Multiple Crimes During the five years immediately preceding the application for licensure that separately may not result in a negative determination of suitability but may, if taken together and tending to show a pattern of harmful behavior, result in a negative determination of suitability depending on the type and severity of the crimes	Presumptive Negative Suitability Determination
Preceding Five Years	Crimes of Domestic Violence Including, but Not Limited to: Violation of an abuse prevention restraining order under M.G.L. c. 209A; Violation of a harassment prevention order under M.G.L. c. 258E	Presumptive Negative Suitability Determination
Preceding Five Years	Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions) The applicant or a Licensee held a License that was revoked, a renewal application that was denied, or a similar action taken with relation to their Marijuana business in Massachusetts or Other Jurisdiction, whether by administrative action or stipulated agreement.	Mandatory Disqualification
More than Five and Less than Ten Years	Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions) The applicant or a Licensee held a License that was revoked, a renewal application that was denied, or a similar action taken with relation to their Marijuana business in Massachusetts or Other Jurisdiction, whether by administrative action or stipulated agreement.	Presumptive Negative Suitability Determination
Preceding Five Years	The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of an MTC.	May make a Negative Suitability Determination in accordance with 935 CMR 501.800(8)

Table B: MTC Agents. Shall apply solely to applicants for registration as an MTC Agent at an MTC licensed pursuant to 935 CMR 501.101.

Time Period	Precipitating Issue	Result
Present (during time from start of application process through action on application or renewal).	Open/Unresolved Criminal Proceedings: Any outstanding or unresolved criminal proceeding for an offense involving the distribution of a controlled substance, including Marijuana, to a minor.	Presumptive Negative Suitability Determination
Present	Open Professional or Occupational License Cases	Presumptive Negative Suitability Determination
Present	Open/Unresolved Marijuana License or Registration Violations (Massachusetts or Other Jurisdictions): An outstanding or unresolved violation of the regulations as included in 935 CMR 501.000 or a similar statute or regulations of Other Jurisdictions, which has either (a) remained unresolved for a period of six months or more; or (b) the nature of which would result in a determination of unsuitability for registration.	Presumptive Negative Suitability Determination
Present	Submission of Untruthful Information to the Commission Including, but Not Limited to: Submission of information in connection with an agent application, waiver request or other Commission action that is deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure; or Making statements during or in connection with a Commission inspection or investigation that are deceptive, misleading, false or fraudulent, or that tend to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure.	Presumptive Negative Suitability Determination
Indefinite	Conviction or Continuance without a Finding (CWOF) for Any Distribution of a Controlled Substance to a Minor	Mandatory Disqualification
Indefinite	The applicant's or Licensee's prior actions posed or would likely pose a risk to the public health, safety, or welfare; and the risk posed by the applicant's or Licensee's actions relates or would likely relate to the operation of an MTC.	May make a Negative Suitability Determination in accordance with 935 CMR 501.800(8)