Mass



FAQs for Registered Medical Marijuana Dispensaries (RMD) seeking

to be licensed as a Marijuana Establishment with the Cannabis Control Commission

Update August 16, 2018

Please visit the Medical Use of Marijuana Program website - - for regular updates.

1. Can an RMD complete multiple transfers of medical marijuana or marijuana infused product (MIP) to its adult use operations during its annual business cycle or is it a one-time only transfer?

The transfer of marijuana and MIPs for adult use sales may not exceed, cumulatively, 45% of the RMD’s total annual inventory of marijuana as measured by weight over the course of the RMD’s annual business cycle. Therefore, if the first request is to transfer less than 45% of the total annual inventory, the Department of Public Health (Department) will consider additional requests until the 45% cap is reached.

2. How does the Department define an RMD’s annual inventory?

Consistent with 725.105(G), RMDs are required to have systems and processes in place to monitor and track their annual inventory. The RMD determines its annual business operating cycle when it launches its business and maintains annual inventory consistent with 725.105(G)(3)(c).

3. If an RMD can complete multiple transfers, will each individual transfer require its own approval request?

Yes, each individual transfer will require a separate approval request.

4. Is there a specific form that an RMD must submit to request prior approval of the transfer of medical marijuana or marijuana infused product (MIP) inventory for sale to its adult use marijuana operations?

Yes. There is a template available on the Medical Use of Marijuana website.

5. How will the Department monitor an RMD’s compliance with its product transfer request?

The Department performs regular onsite inspections at RMDs to assess each facility’s compliance with the regulations at 105 CMR 725.00 and will assess an RMD’s compliance with its product transfer during these inspections. The Department will also assess an RMD’s compliance at the end of the annual business cycle, as specified on the RMD’s waiver request.

6. If an RMD needs to apply for a waiver of requirements under 105 CMR 725.00 in order to operationalize an existing RMD for sales in the adult use market, when should the RMD submit the waiver request and what documents should be submitted with the waiver?

If an RMD determines that a waiver of a provision(s) of 105 CMR 725.000 is necessary in order to sell marijuana and/or MIPs from an existing RMD facility to a provisionally licensed Marijuana Establishment, the Department will consider such waivers. However, the Department will only review waivers once the Cannabis Control Commission (CCC) has issued a provisional license to the Marijuana Establishment. Therefore, in addition to any documents which assist the Department in its review of the waiver request, please also submit proof of the provisional license issued by the Commission. Waiver Application forms are available online.

**Please note that in order for the Cannabis Control Commission (CCC) to issue a final license to a Marijuana Establishment, the RMD applicant must certify that it is in compliance with the medical marijuana regulation. Therefore, the request for a waiver must be made prior to the CCC issuing its final license.

7. If and RMD wants to transfer inventory of its medical marijuana inventory to adult use inventory, should the RMD submit a waiver or approval request?

The RMD should submit an approval request in accordance with 105 CMR 725.105(B)(2)(a). Please note that this is a different process than the waiver process under 105 CMR 725. 700.

8. Does medical marijuana and MIP inventory that has already been tested by an Independent Testing Laboratory registered with Department need to be tested again per Cannabis Control Commission (CCC) testing requirements when it is transferred for adult use sale?

Please refer to the CCC’s regulation and/or contact the CCC with additional questions regarding the testing requirements for products sold pursuant to 935 CMR 500.00

9. Do we need to submit an architectural review if we are making changes to the current RMD retail area to accommodate adult sales?

In general, and subject to individual review, unless structural changes are being made to the facility, an architectural review is not required pursuant to 105 CMR 725.100(C).  Given that each RMD has unique structural and design elements, however, it is strongly recommended, that RMDs work with the Program’s compliance team to discuss any changes that are being made to the floor plan/traffic flow to accommodate adult use sales so that any potential issues are addressed early in the process.

1. Does an RMD need a waiver of the requirement of 725.110 (A)(1) in order to allow access of adult customers into the RMD retail space?

 Yes, please follow waiver process as outlined under question number 6 of this FAQ.

2. Both DPH and the CCC have labelling requirements. Will DPH allow RMDs to combine the label for medical marijuana products and if so, do I need a waiver?

Registered Marijuana Dispensaries (RMDs) that are licensed by the Cannabis Control Commission (CCC) as a Marijuana Establishment may combine the label for medical marijuana products as long the label meets all requirements in 105 CMR 725.000.

The Department’s regulations (105 CMR 725.105(E)) establish the minimum labelling requirements for medical marijuana products. There is nothing in this section, however, which prohibits an RMD from including additional language that is not otherwise prohibited by the regulation. RMDs must include all language required by 725.105(E) for medical marijuana products subject to the Department’s regulations.* This includes, for example, the name of the registered qualifying patient.

There is one exception, however: the Department’s regulations (725.105(E)(2)(h) and 725.105(E)(3)(K)) contain the following sentence: “Do not drive or operate machinery when under the influence of this product.” (emphasis added) while the language required by the CCC (935 CMR 500.105(5)) provides that “It is against the law to drive or operate machinery when under the influence of this product.” (emphasis added). For purposes of this language (“Do not…”), the Department will interpret “It is against the law to….” as the same as “do not…” and will find labels with this language to be in compliance with 725.105(E)(2)(h) and 726.105(E)(3)(K). RMDs do not need to seek waivers to use the language required by the CCC (“It is against the law to..”).

* Unless the requirement is waived by the Department pursuant to 105 CMR 725.700.

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CHARLES D. BAKER

Governor

KARYN E. POLITO

Lieutenant Governor

MARYLOU SUDDERS

Secretary

MONICA BHAREL, MD, MPH

Commissioner

Tel: 617-660-5370

medicalmarijuana

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