935 CMR, § 500.340 - Quarantine Order
(1) Pursuant to its
authority under M.G.L. c. 94G, § 4(a)(xix) and (a1/2)(Xxxxi), a
Quarantine Order may be imposed by the Commission or a Commission Delegee to
immediately quarantine or otherwise restrict the sale or use of Marijuana or
Marijuana Products by a Licensee or Registrant to protect the public health,
safety or welfare.
(2) If, based on
complaint(s), inspection(s), affidavit(s) or other credible evidence, the
Commission or a Commission Delegee determines that a Licensee or Registrant, or
the Marijuana or Marijuana Products cultivated, produced or sold by a Licensee
or Registrant pose an immediate or serious threat to the public health, safety
or welfare, the Commission or a Commission Delegee may issue an order to the
Licensee that:
(a) quarantines or otherwise
restricts the sale or use of Marijuana or Marijuana Products prepared by or in
the possession of the Licensee; or
(b) quarantines or otherwise restricts the
sales or use of Marijuana or Marijuana Products to the extent necessary to
avert a threat, pending final investigation results.
(3) On receipt of the order, the Licensee and
its associated agents will immediately comply with the requirements of the
order and, if requested by the Commission, post notice at public entrances to
the establishment or other notice in a form and manner determined by the
Commission or a Commission Delegee.
(4) The Commission or a Commission Delegee
may modify, amend or rescind the order at any time after its issuance on
condition(s) to all the parties.
(5) To the extent that the issuance of a
Quarantine Order is to investigate a substantial risk to public safety, health
and welfare, a Licensee may not have a right to a hearing, unless and until the
order remains in effect beyond 21 calendar days without any further action by
the Commission or a Commission Delegee.
(6) The failure to cooperate with provisions
of 935 CMR 500.340 may result in
administrative or disciplinary action against the Licensees or
Registrants.
Notes
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