935 CMR, § 501.330 - Limitation of Sales

(1) If the Commission or a Commission Delegee determines that an MTC does not substantially comply with applicable provisions of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, or 935 CMR 501.000, the Commission or a Commission Delegee may order that the MTC dispose of and may not sell Marijuana or Marijuana Products, after a date specified.

(2) The Commission or a Commission Delegee shall not make such a determination until an MTC has been notified that the MTC does not substantially comply with applicable provisions of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, or 935 CMR 501.000, that an order to dispose of or limit sales is contemplated, and that the MTC has a reasonable opportunity to correct the deficiencies.

(3) An order that an MTC dispose of and may not sell Marijuana or Marijuana Products pursuant to 935 CMR 501.330(1) may be rescinded when the Commission or a Commission Delegee finds that the MTC is in substantial compliance with the applicable provisions of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94G, M.G.L. c. 94I, or 935 CMR 501.000.

(4) The Commission or a Commission Delegee may modify, amend or rescind the order at any time after its issuance on condition(s) just to all the parties.

(5) To the extent that the issuance of a Quarantine Order is to investigate a risk to public safety, health and welfare, a Licensee shall 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 501.340 may result in administrative or disciplinary action against the Licensees or Registrants.

Notes

935 CMR, § 501.330

Adopted by Mass Register Issue 1403, eff. 11/1/2019. Amended by Mass Register Issue 1406, eff. 11/1/2019. Amended by Mass Register Issue 1434, eff. 1/8/2021. Amended by Mass Register Issue 1507, eff. 10/27/2023.