WORCESTER, MA—The Cannabis Control Commission (Commission) convened Monday, July 20 to approve draft adjustments to Massachusetts’ grownup and medical use of marijuana rules. The adjustments they mentioned will quickly be filed with the Secretary of State’s Office and turn out to be topic to a public overview and remark interval this summer time earlier than they’re introduced again earlier than Commissioners once more for last approval and promulgation.

July 20, 2020

Along with public policy discussions that Commissioners accomplished on June 19, the draft modifications for the public’s consideration embody updates to the company’s Leadership Award Ratings and Responsible Vendor Training Program, clarification of possession and management definitions for Economic Empowerment Applicants, Social Equity Program (SEP) Participants, and Persons or Entities with Direct Control.

The 2020 regulatory overview course of integrated the work of Commissioner-run drafting teams and suggestions from cross-departmental material specialists. Many of the draft adjustments authorized Monday contemplated public feedback the company has obtained throughout earlier regulatory overview durations and ongoing problems with concern raised by Commissioners, workers, trade stakeholders, sufferers, customers, and public well being and security specialists.

The draft adjustments additionally redistribute redundant rules that beforehand existed for Colocated Marijuana Operators (CMOs), that are outlined as companies licensed to function as each Medical Marijuana Treatment Centers (MTCs) and Marijuana Establishments (MEs). This restructuring successfully eliminates the CMO rules, 935 CMR 502.000 and responds to the Commission’s potential to carry parity to the medical use and grownup use of marijuana applications below 935 CMR 501.000 and 935 CMR 500.000.

Across each applications, below the draft rules, licensees could be required to:

  • incorporate OSHA requirements into their office security applications;
  • add insurance policies and procedures to product manufacturing or cultivation operations to make sure compliance with the Massachusetts Fire Code;
  • preserve their potential to direct switch wholesale product between ME and MTCs with out going by means of a CMO; and
  • document in Metrc efficiency ranges derived from the Cannabinoid Profile contained inside marijuana or marijuana merchandise, together with the quantity of THC and different Cannabinoids, when finishing retail or affected person gross sales.

MEs and MTCs additionally could be allowed to make the most of model identify sponsorship at sure occasions, however not promote to underage individuals or entrants, and goal promoting by means of mechanisms akin to geofencing, supplied they keep documentation of viewers composition knowledge associated to those advertising actions.

Additional proposed adjustments below the grownup use program embody, however will not be restricted to:

  • Clarification of coaching necessities for the Responsible Vendor Training (RVT) Program, together with eight annual hours required coaching for ME Agents, 4 of which have to be RVT Program programs, and standards for instructing on-line, non-real-time programs.
  • Requiring Certified Economic Empowerment Applicants to report back to the Commission all adjustments of possession and management and upon renewal and certifying to the Commission that the requisite possession and management has been maintained by the requisite class of individuals recognized on the EEAs certification.
  • Requiring 51% or extra fairness possession by SEPs to acquire price waivers and reductions and permitting price waivers and reductions to use to microbusinesses and Office of Supplier Diversity-certified minority-owned, veteran-owned, and women-owned companies, who’re additionally deemed to be small companies by the Commission, to entry the similar price waivers and reductions.
  • Updating the definition of Persons or Entities with Direct Control by encompassing the equal of a Director in a enterprise entity akin to a Limited Liability Company, which has Managers in lieu of a Board of Directors, and setting a selected greenback quantity with respect to what the Commission considers “significant contracts.”
  • Allowing Craft Marijuana Cooperative farmers to take part in the trade with out being actively concerned as cultivators on the license, however as a substitute solely as landlords.
  • Requiring that Cultivators, Product Manufacturers, and Retailers develop insurance policies and procedures for offering or receiving vendor samples between licensees, and monitoring, recording, and documenting the product’s motion by means of the provide chain.

Additional proposed adjustments below the medical use program embody, however will not be restricted to:

  • Enhanced affected person registration and recertification processes and procedures, akin to:
    • Broadening the forms of physicians who can function the second doctor making the suggestion for pediatric sufferers, as a response to pediatricians who’re overloaded and fogeys of severely unwell youngsters who’ve problem discovering a doctor;
    • Requiring Certifying Health Care Providers (Providers) to have a plan to offer reductions to low-income sufferers, much like the MTCs’ requirement, and permitting them to use for an exemption;
    • Allowing sufferers with sure hardships (receiving SSDI/SSI, or with terminal sickness/everlasting incapacity) to resume each two years as a substitute of 1 12 months, according to many different states;
    • Permitting sufferers to domesticate as much as 12 flowering crops with out hardship cultivation, and if extra are wanted, requiring hardship cultivation, pending overview of conflicts in related legal guidelines.
    • Streamlining the course of to obtain a Temporary Registration Card together with different minor adjustments based mostly on affected person suggestions; and
    • Allowing sure out-of-state sufferers, usually coming to Massachusetts for its top-tier hospitals, to be licensed and registered as a affected person in Massachusetts.
  • Expanded Personal Caregiver service and safeguards:
    • Allowing Caregivers to function a caregiver for as much as ten sufferers and requiring them to doc prices for which they’re reimbursed so it’s out there for Commission inspection upon request.
    • Prohibiting Caregivers from receiving kickbacks from MTCs in trade for sufferers acquiring medical marijuana from that MTC.

Public hearings on the draft rules can be held on August three and the last vote is anticipated for September 24. For further context concerning the draft regulatory adjustments, video of Commissioners’ July 20 assembly can be out there on the Commission’s Facebook and YouTube pages. Public assembly supplies are additionally out there at MassCannabisControl.Com/Documents.

For extra data, go to MassCannabisControl.Com, contact the Commission by cellphone (774-415-0200) or electronic mail (Commission@CCCMass.Com), or comply with the company on Facebook and Twitter.

CONTACT: Cedric Sinclair, Director of Communications, 857-268-6454; Maryalice Curley, Press Secretary, 857-292-4891; Press@CCCMass.Com

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