935 CMR, § 501.450 - Medical Marijuana Treatment Center Registration or License: Grounds for Suspension, Revocation and Denial of Renewal Applications

Each of the following, in and of itself, constitutes full and adequate grounds for suspending or revoking an MTC's License or denying a renewal application for an MTC License.

(1) The MTC is not operational within the time projected in the License application or the time otherwise approved by the Commission.

(2) Information provided by the MTC was deceptive, misleading, false or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure.

(3) The MTC has failed to comply with any requirement of St. 2016, c. 334, as amended by St. 2017, c. 55, M.G.L. c. 94I, and 935 CMR 501.000, or any applicable law or regulation including, but not limited to, the laws and regulations of the Commonwealth relating to taxes, child support, workers' compensation, and professional and commercial insurance coverage.

(4) The MTC has failed to submit a plan of correction as required or to implement the plan as submitted pursuant to 935 CMR 501.320.

(5) The MTC has assigned or attempted to change ownership or assign its License to another entity without prior approval of the Commission under 935 CMR 501.104.

(6) The Licensee failed to comply with the control limitations listed in 935 CMR 501.050(1)(b) or would likely fail to comply with such limitations, if a renewal License were granted.

(7) There has been a lack of responsible operation of the MTC, as shown by, but not limited to, one or more of the following:

(a) Failure to maintain the MTC in a clean, orderly, and sanitary fashion;

(b) Permitting an MTC agent to use a Registration Card belonging to a different person;

(c) Repeated failure to verify the proper temporary or annual registration documents for a Patient or Personal Caregiver, in accordance with 935 CMR 501.015(3) and 501.020(2), prior to permitting that individual on the Premises of an MTC or making sales of Marijuana or MIPs to that individual; or

(d) Other incompetent or negligent operation.

(8) The financial management of the MTC has resulted in the filing of a petition for a Court Appointee related to the financial solvency of the MTC.

(9) A Licensee fails to satisfy the requirements of 935 CMR 501.104(3)(e) or (4), as applicable.

(10) A Person on an MTC License has maintained a substandard level of compliance with the statutory and regulatory requirements for the operation of an MTC, healthcare facility or facility for providing Marijuana for medical purposes in an Other Jurisdiction including, but not limited to, failure to correct deficiencies, a limitation on, or a suspension, revocation, or refusal to grant or renew a registration or License to operate, or certification for Medicaid or Medicare.

(11) The conduct or practices of the MTC demonstrate a lack of suitability as specified in 935 CMR 501.800 and 501.801.

(12) An individual or entity on an MTC License or MTC Agent has a history of criminal conduct as evidenced by any criminal proceedings that resulted in conviction, guilty plea, plea of nolo contendere, or admission to sufficient facts in the Commonwealth or Other Jurisdictions.

(13) An individual or entity listed on an MTC License has committed, permitted, aided or abetted or conspired to commit any illegal practice(s) in the operation of any MTC including, but not limited to, engaging in the diversion of Marijuana or Marijuana Products.

(14) The MTC has failed to cooperate or give information to a law enforcement official acting within his or her lawful jurisdiction related to any matter arising out of conduct at any MTC.

(15) The conduct or practices of the MTC have been detrimental to the safety, health, or welfare of Registered Qualifying Patients, Personal Caregivers, or the public.

(16) The MTC does not have sufficient financial resources to meet the requirements of M.G.L. c. 94I, or 935 CMR 501.000.

(17) Any other ground that serves the purposes of St. 2016, c. 334, as amended by St. 2017, M.G.L. c. 94I, or 935 CMR 501.000.

Notes

935 CMR, § 501.450

Adopted by Mass Register Issue 1380, eff. 12/23/2018. Amended 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 1441, eff. 1/8/2021. Amended by Mass Register Issue 1507, eff. 10/27/2023.