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Old 01-03-2018, 04:13 AM #1
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Draft Regs for Marijuana Industry in Mass

permits are very cheap! $300 to apply.
must be resident for 1 year, 20 days to go for me...

link to the rules here.


Boston, MA — Massachusetts Cannabis Control Commission
Steven J. Hoffman, Chairman

The Cannabis Control Commission Approves Draft Regulations for the Implementation of the Adult Use of Marijuana Industry in Massachusetts
Regulations outline: license categories, licensing process requirements, operating requirements and enforcement measures

For Immediate Release Contact: CNB Press Office

December 21, 2017 857-268-6454 /CNBPRESS@STATE.MA.US

Boston, MA – Today, the Cannabis Control Commission filed with the Secretary of State’s Office, the state’s first draft regulations for the purpose of implementing the adult use of marijuana in Massachusetts. The draft regulations, 935 CMR 500.000, reflect more than 80 policies discussed and voted upon last week (see decisions from December 11, December 12, December 13 and December 14, 2017).

“Our mission is to honor the will of the voters of Massachusetts by safely, equitably and effectively implementing and administering the laws enabling access to adult use marijuana in the Commonwealth, and today we made a significant step forward,” Cannabis Control Commission Chairman Steven J. Hoffman said. “I am extremely proud of our work, however today is a beginning and not an end; we have more to do to realize our goal of making Massachusetts a model for the nation in this new emerging industry.”

The draft regulations allow for the application of 8 different license categories and provide their process and operational requirements. Additionally, they detail incentives, programs and resources to promote social equity and support for communities which have been disproportionately impacted by the enforcement of previous marijuana laws; the approval of products and the requirements for labeling, packaging, advertising and serving sizes; and the enforcement of regulations, security and municipal protections.

The five Commissioners unanimously adopted 935 CMR 500.000 after a robust public meeting process that included 8, statewide public listening sessions, hundreds of online comments and recommendations provided by the 25-member Cannabis Advisory Board through four subcommittees focused on Public Health, Public Safety & Community Mitigation, Cannabis Industry and Market Participation.

Next, the Cannabis Control Commission will conduct public hearings on the draft regulations in February. The Commission expects to promulgate the final regulations by March 15, 2018 allowing for the first license applications to be available at the beginning of April.
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Old 01-03-2018, 04:34 AM #2
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$2750 to make my seed business legal and registered to vend to retailers seems fair to me!

However as you dive deeper into the 107 pages you will find the price gets waaaay bigger.





to qualify you have to pass a background check and be able to do what's
required below to get a state card to work or volunteer at a licensed adult use cannabis business.



500.030:Registration of Marijuana Establishment Agents

(A)A Marijuana Establishment shall apply for Marijuana Establishment Agent registration for
all board members, directors, employees, executives,
managers, and volunteers who are
associated with that Marijuana Establishment. The Commission shall issue a Marijuana
Establishment Agent registration card to each individual determined to be suitable for registration.

All such individuals shall:
(a)Be at least 21 years old;

(b)Have not been convicted of an offense in the Commonwealth involving the
distribution of controlled substances to minors, or a like violation of the laws of
another state, the United States or a military, territorial, or Indian tribal
authority; and

(c)Be determined to be suitable for registration consistent the provisions of 935 CMR 500.902.

(B)An application for registration of a Marijuana Establishment Agent shall include:

(a)The full name, date of birth, and address of the individual;

(b)All aliases used previously or currently in use by the individual, including maiden
name, if any;

(c)A copy of the Marijuana Establishment Agent’s driver’s license, government-issued identification card, liquor purchase identification card issued pursuant to M.G.L. c.138 §34B, or other verifiable identity document acceptable to the Commission;

(d)An attestation that the individual will not engage in the diversion of marijuana;

(e)Written acknowledgement by the Marijuana Establishment Agent applicant of any
limitations on his or her authorization to cultivate, harvest, prepare, package, possess,
transport, and dispense marijuana in the Commonwealth;
(f)

Background information, including, as applicable:
i.A description and the relevant dates of any criminal action under the laws of the Commonwealth, or another state, the United States, or a military,
territorial, or Indian tribal authority, whether for a felony or misdemeanor and
which resulted in conviction, or guilty plea, or plea of nolo contendere, or admission ofsufficient facts;

ii.A description and the relevant dates of any civil or administrative action under
the laws of the Commonwealth, another state, the United States, or a military,
territorial, or Indian tribal authorityrelating to any profession or occupation or fraudulent practices;

iii.A description and relevant dates of any past or pending denial, suspension, or
revocation of a license or registration, or the denial of a renewal of a license or
registration, for any type of business or profession, by any federal, state, or local government, or any foreign jurisdiction;

iv.A description and relevant dates of any past discipline by, or a pending
disciplinary action or unresolved complaint by, the Commonwealth, or a like
action or complaint by another state, the United States or a military, territorial, or Indian tribal authority with regard to any professional license or registration
held by the applicant for Marijuana Establishment Agent; and

(g)A non-refundable application fee paid by the Marijuana Establishment with which the Marijuana Establishment Agent will be associated; and

(h)Any other information required by the Commission.

(C)A Marijuana Establishment executive registered with the Department of Criminal Justice
Information Systems pursuant to 803 CMR 2.04(2)
shall submit to the Commission a
Criminal Offender Record Information (CORI) report and any other background check
information required by the Commission for each individual for whom the Marijuana
Establishment seeks a dispensary agent registration, obtained within 30 days prior to submission.

(D)A Marijuana Establishment shall notify the Commission no more than one business day after
a Marijuana Establishment Agent ceases to be associated with the Marijuana Establishment.
The Marijuana Establishment Agent’s registration shall be immediately void when the Agent
is no longer associated with the Marijuana Establishment.

(E)A registration card shall be valid for one year from the date of issue, and may be renewed on
an annual basis upon a determination by the Commission that the applicant for renewal
continues to be suitable for registration.

(F)After obtaining a registration card for a Marijuana Establishment Agent, a Marijuana
Establishment is responsible for notifying the Commission, in a form and manner determined by the Commission, as soon as possible, but in any event, within five (5) business days of
any changes to the information that the Marijuana Establishment was previously required to
submit to the Commission or after discovery that a registration card has
been lost or stolen.

(G)A Marijuana Establishment Agent shall carry the registration card associated with the
appropriate Marijuana Establishment at all times while in possession of marijuana, including
at all times while at a Marijuana Establishment or while transporting marijuana.

(H)A Marijuana Establishment Agent affiliated with multiple Marijuana Establishments shall be
registered as a Marijuana Establishment Agent by each Marijuana Establishment and shall be
issued a registration card for each Establishment.

500.031: Denial of a Registration Card Each of the following, in and of itself, constitutes full and adequate grounds for denial of a registration card for a Marijuana Establishment Agent:

(A) Failure to provide the information required in 935 CMR 500.030 for a registration card;

(B) Provision of misleading, incorrect, false, or fraudulent information on the application;

(C) Failure to meet the requirements set forth in 935 CMR 500.030 for a registration card;

(D) Revocation or suspension ofa registration card in the previous 6months;

(E) Failure by the Marijuana Establishment to pay all applicable fees; or

(F) Other grounds, as determined by the Commission, that are inconsistent with the intent of 935
CMR 500.000 or the Act; provided, however, that the Commission shall notify the applicant of
the grounds prior to denial and provide a reasonable opportunity to cure the defect.

500.032: Revocation of a Marijuana Establishment Agent Registration Card

(A)Each of the following, in and of itself, constitutes full and adequate grounds for revocation of a registration card issued to a Marijuana Establishment Agent:

(1)Submission of misleading, incorrect, false, or fraudulent information in the application or renewal application;

(2)Violation of the requirements of the Act or 935 CMR 500.000;

(3)Fraudulent use of a Marijuana Establishment Agent registration card;

(4)Selling, distributing, or giving marijuana to any unauthorized person;

(5)Tampering, falsifying, altering, modifying, duplicating, or allowing another person to use, tamper, falsify, alter, modify, or duplicate a Marijuana Establishment Agent registration card;

(6)Failure to notify the Commission within 5business days after becoming aware that the
registration card has been lost, stolen, or destroyed;

(7)Failure to notify the Commission within 5 business days after a change in the registration
information contained in the application or required by the Commission to have been
submitted in connection with the application for a Marijuana Establishment Agent registration card, including open investigations or pending actions as delineated i
n 935 CMR 500.902, as applicable, that may otherwise affect the status of the suitability for
registration of the Marijuana Establishment Agent;

(8)Conviction, guilty plea, plea of nolo contendere or admission to sufficient facts of a
felony drug offense involving distribution to a minor in the Commonwealth, or a like
violation of the laws of another state, the United States or a military, territorial, or Indian
tribal authority; or

9)Conviction, guilty plea, plea of nolo contendere or admission to sufficient facts in the
Commonwealth, or a like violation of the laws of another state, to an offense as
delineated in 935 CMR 500.902, as applicable, that may otherwise affect the status of the
suitability for registration of the Marijuana Establishment Agent;

(B) Other grounds, as determined by the Commission, that are inconsistent with the intent of 935
CMR 500.000 or the Act; provided, however, that the Commission shall
notify the applicant of the grounds prior to revocation pursuant to 935 CMR 500.500.

500.033:
Void Registration Cards

(A)A registration card issued to a Marijuana Establishment Agent or Laboratory Agent shall be void when:

(1)the Agent has ceased to be associated with the Marijuana Establishment or Independent Testing Laboratory that applied for and received the Agent’s registration card;

(2)the card has not been surrendered upon the issuance of a new registration card
based on new information; or

(3) The Agent is deceased.

(B) A void registration card is inactive and invalid.
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Old 01-03-2018, 04:48 AM #3
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Micro Biz regs.

I)
Marijuana Micro-Business

(a) A microbusiness is a co-located Tier 1 or Tier 2 marijuana cultivator, marijuana product manufacturer, and marijuana delivery service.

(b) A marijuana micro-business shall comply
with all operational requirements imposed by 935 CMR 500.
105-140on marijuana cultivators, manufacturers, and delivery-only retailers, to the extent the licensee engages in such activities.

(c) A microbusiness licensee shall not have an ownership stake in any
other marijuana establishment and a majority of its executives or members must have been residents of Massachusetts for no less than 12 months prior to application is eligible to apply for a microbusiness license.

(d) Application fees and license fees for marijuana micro-businesses shall be set at 50% of the combined sum of the application fees and license fees for each of the following activities in which the licensee engages: cultivation, manufacturing, delivery.
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Old 01-03-2018, 04:57 AM #4
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So everything looks groovy until they want you to pony up the big bucks and prove you are a Capitalist.

this is where a rich uncle could come in handy and I see the dream die.

500.100:
Application for Licensing of Marijuana Establishments
500.10
1:
Application Requirements
(A)
New Applicants:
An Applicant in any category of Marijuana Establishment shall file, in a
form and manner specified by the Commission, an application for licensure as a Marijuana
Establishment.
The application shall consist of three packets: (i) an Application of Intent
packet; (ii) a Background Check packet; and (iii) a Management and Operations Profile
packet. An applicant may file individual packets separately or as a whole. An application
will be not be considered complete by the Commission until each individual packet is
determined by the Commission to be complete and the applicant has been notified that each
packet is complete.
(1)
Application of Intent.
An applicant for licensure as a Marijuana Establishment shall submit the following as part of the Application of Intent:
(a) Documentation that the Marijuana Establishment is it an entity registered to do
business in Massachusetts and a list of all executives, managers, persons or entities
having direct or indirect authority over the management, policies, security operations
or cultivation operations of the Marijuana Establishment; close associates and
members of the applicant, if any; and a list of all persons or entities contributing 10%
or more of the initial capital to operate the Marijuana Establishment including capital
that is in the form of land or buildings;

(b) Documentation detailing the amounts and sources of capital resources available to the
applicant from any individual or entity
that will be contributing capital resources to the
applicant for purposes of establishing or operating the identified Marijuana Establishment
for each license applied for. Information submitted shall be subject to review and
verification by the Commission
as a component of the application process.
Required documentation shall include but not limited to:

i.The proper name of any individual or registered business name of any entity;
ii. The street address, provided, however that the address shall not be a post office box;
iii. The primary telephone number;
iv. Electronic mail;

v. The amount and source of capital provided or promised;
vi. A bank record dated within 30 days of the application verifying the
existence of capital; and


vii. Certification that funds used to invest in or finance the Marijuana Establishment were lawfully earned or obtained.

(c) Documentation of a bond or other resources held in an escrow account in an amount
sufficient to adequately support the dismantling and winding down of the Marijuana Establishment.


still better than NY which required 2 million in escrow for a permit but who knows how much money they will want to see here.

(d) Identification of the proposed address for the license;

(e) Documentation of a property interest in the proposed address. Interest may be demonstrated by one of the following:

i. Clear legal title to the proposed site;

ii. An option to purchase the proposed site;

iii. A lease;

iv. A legally enforceable agreement to give such title; or

v. Binding permission to use the premises.
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Old 01-03-2018, 05:16 AM #5
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so let's say you've got the rich uncle and a bank account stuffed and you are ready to apply?

here is how they make it only for the connected..

to get these agreements from some localities in Cali right now business are agreeing to huge monthly fees with the cities and counties to operate.
like 100K per month fees for some businesses.

and one more thing.... all your immediate neighbors AND their neighbors within 300 feet have to sign off on your canna-business.
that should be a snap.


(f) Documentation in the form of a single-page certification signed by the contracting authorities for the municipality and applicant evidencing that the applicant for licensure
and host municipality in which the address of the Marijuana Establishment is located
have executed a host community agreement;

(g) Documentation that the applicant has conducted a community outreach hearing consistent with the Commission’s Guidance for License Applicants on Community Outreach within the six months prior to the application.

Documentation must include:
i.
Copy of a notice of the time, place and subject matter
of the hearing, including the proposed address of the Marijuana Establishment, that was
published in a newspaper of general circulation in the city or town at least
7 calendar days prior to the hearing;

ii.
Copy of the hearing notice filed with the town or city clerk, the planning
board, the contracting authority for the municipality, and local licensing
authority for adult use of marijuana, if applicable;


iii.
Attestation that notice of the time, place and subject matter of the hearing,
including the proposed address of the Marijuana Establishment, was mailed at least 7 calendar days prior to the community outreach hearing to abutters of the proposed address of the Marijuana Establishment, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner
as they appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another city or town;

iv.
Information presented at the community outreach hearing, which must include, but not be limited to:

A.
The type(s) of Marijuana Establishment to be located at the proposed
address;

B.
Information adequate to demonstrate that the location will be
maintained securely;

C.
Steps to be taken by the Marijuana Establishment to prevent diversion to minors;

D.
A plan by the Marijuana Establishment to positively impact the
community;

E.
Information adequate to demonstrate that the location will not constitute a nuisance to the community by noise, odor, dust, glare, fumes, vibration, heat, glare, or other conditions likely to cause
nuisance; and

F.
An attestation that community members were permitted to ask
questions and receive answers from representatives of the Marijuana Establishment.

(h)
Documentation that the Marijuana Establishment is in compliance with local
zoning ordinances or bylaws, which shall include but may not be limited to a
certification from the municipality in which the Marijuana Establishment will be located.

i.
The Commission shall, as part of its review of the application, request that the municipality respond within 60 days of the date of correspondence from the
Commission seeking confirmation that the applicant’s proposed Marijuana
Establishment complies with local bylaws or ordinance and is not within 500 feet of a pre-existing public or private school providing education in kindergarten or grades 1 through 12, unless the municipality has adopted an ordinance or bylaw that reduces that distance.

ii.
The Commission shall consider certificat
ion submitted by the applicant to be
sufficient evidence of compliance with municipal bylaws or ordinances unless
it receives a response in writing from the municipality within 60 days stating
that the applicant is not in compliance with local law.
(i)
A description of plans to ensure that the Marijuana Establishment is or will be
compliant with local codes, ordinances, and bylaws for the physical address of the
Marijuana Establishment, which shall include but not be limited to the identification
of any local licensing requirements for adult use of marijuana;
(j)
A plan by the Marijuana Establishment to positively impact areas of disproportionate
impact, as defined by the Commission;
(k)
The requisite non-refundable application fee pursuant to 935 CMR 500.005; and
(l) Any other information required by the Commission
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Old 01-03-2018, 05:20 AM #6
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what you need to know if you already have a relative who runs
a town or city council in Mass and can fast track a local permit for you.
Give this list to your consultant and Attorney along with some fat stacks.

3) Management and Operations Profile:
Each applicant shall submit, with respect to each
application, a response in a form and manner specified by the Commission, which includes:

(a)Detailed information regarding its business registration with the
Commonwealth, including the legal name, a copy of the articles of
organization and bylaws;

(b)A certificate of good standing from the Corporations Division of the Secretary of State;

(c)A certificate of good standing from the Massachusetts Department of Revenue for;

(d)A proposed timeline for achieving operation of the Marijuana Establishment
and evidence that the Marijuana Establishment will be ready to operate within
the proposed timeline after notification by the Commission that the applicant
qualifies for licensure;

(e)A description of the Marijuana Establishment’s plan to obtain a liability
insurance policy or otherwise meet the requirements of 935 CMR 500.105(I);

(f)A detailed summary of the business plan for the Marijuana Establishment;

(g) A detailed summary of operating policies and procedures for the Marijuana
Establishment, which shall include, but not be limited to, provisions for:

(i)security;

(ii)prevention of diversion;

(iii)storage of marijuana;

(iv)transportation of marijuana, if applicable to license type;

(v)inventory procedures;

(vi)procedures for quality control and testing of product for potential
contaminants, if applicable to license type;
(vii)personnel policies;

(viii)dispensing procedures;

(ix)record-keeping procedures;

(x)maintenance of financial records; and

(xi)
diversity plans to promote equity among minorities, women, veterans,
people with disabilities and people of all gender identities in the
operation of the Marijuana Establishment.

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

(i) Any other information required by the Commission.

(4)Additional Specific Requirements.

(a)
In addition to the requirements set forth in 935 CMR 500.101(A)(3), applicants
for a license to operate a Marijuana Establishment for retail shall also provide, as
part of the Management and Operation Profile packet, a detailed description of the
Marijuana Establishment’s proposed plan for obtaining marijuana or marijuana
products from a licensed Marijuana Establishment(s);

(b)
In addition to the requirements set forth in 935 CMR 500.101(A)(3), applicants
for a license to operate Marijuana Establishment for cultivation shall also provide as part of the Management and Operation Profile packet an operational plan for
the cultivation of marijuana, including a detailed summary of the policies and
procedures for cultivation.
(c)
In addition to the requirements set forth in 935 CMR 500.101(A)

(3), applicants for a license to operate a Marijuana Establishment for product manufacturing
shall also provide as part of the Management and Operation Profile packet:

(i)a description of the types and forms of marijuana products that the Marijuana Establishment intends to produce;the methods of production; and

(ii)a sample of any unique identifying mark that will appear on any
product produced by the applicant as a branding device.

(d)In addition to the requirements set forth in 935 CMR 500.101(A)(3), applicants for a license to operate a Marijuana Establishment for social consumption as a
Primary Use licensee shall also provide as part of the Management and Operation
Profile packet a detailed description of the applicant’s plan to assist with patron
transportation.

(e)In addition to the requirements set forth in 935 CMR 500.101 (A)(3), applicants
for a license to operate a Marijuana Establishment as a micro business shall also
provide as part of the Application of Intent evidence of residency within the
Commonwealth for a period of 12 consecutive months prior to the date of application.

(f)In addition to the requirements set forth in 935 CMR 500.101(A)(3), applicants
for a license to operate a Marijuana Establishment as a Craft Marijuana
Cooperative shall also provide as part of the Application of Intent:

i.Evidence of residency within the Commonwealth for a period of 12
consecutive months prior to the date of application; and

ii.Evidence of the Craft Marijuana Cooperative’s organization as a limited
liability company or limited liability partnership under the laws of the Commonwealth.
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Old 01-03-2018, 05:39 AM #7
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you want some more well here's some more.

let's make this shit diabolically difficult to comply with.

5)
Eligibility as an Economic Empowerment Priority Applicant
(a)An applicant who intends to file an application for licensure as an Economic
Empowerment Priority Applicant shall file, in a form and manner specified by the Commission, a request for certification as an Economic Empowerment Priority
Applicant. The request for certification shall be in addition to the requirements
included in 935 CMR 500.101(A)(1)-(4).

(b)The request for certification as an Economic Empowerment Priority Applicant
shall be evaluated by the Commission pursuant to 935 CMR 500.102(A)(2)
where an applicant meets two or more of the following criteria:

i.A majority of ownership belongs to people who have lived for 5 of the preceding 10 years in an area of disproportionate impact, as determined by the Commission;

ii.A majority of ownership has held one or more previous positions where
the primary population served were disproportionately impacted, or where
primary responsibilities included economic education, resource provision or empowerment to disproportionately impacted individuals or communities;

iii.At least 51% of current employees or subcontractors reside in areas of
disproportionate impact and by the first day of business, the ratio will meet or exceed 75%;

iv.At least 51% or employees or subcontractors have drug-related CORI and are otherwise legally employable in cannabis enterprises;

v.Other significant articulable demonstration of past experience in or
business practices that promote economic empowerment in areas of disproportionate impact.
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Old 01-03-2018, 05:57 AM #8
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there's another 70 pages that make this way outta my league but go have a look.
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Old 01-15-2018, 09:26 PM #9
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Excellent summary Chunky! A regulatory nightmare. The license fees are low - it's the compliance costs that will kill you. The weed is going to cost $500/ounce by the time all the requirements are complied with. The smart people are starting security camera businesses, there's going to be a shitload of those.
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