This is a follow-up to a prior post. As mentioned in prior post, the Regulation and Taxation of Marijuana Act is a statute designed to allow the public safe access to marijuana. Within the statute are several definitions worth knowing. This section will help you become familiar with the definitions that we think are most important to know. This section is best used only as a guide and any legal questions related to the regulations should be addressed to a licensed attorney.
License – is a certificate issued to a marijuana establishment deemed to be in full compliance (has met all applicable requirements established by St. 2012, c. 334, as amended by St. 2017, c.55, and 935 CMR 500.000) by the Commission.
Licensee – is a person to whom the Commission grants a license to operate a marijuana establishment under 935 CMR 500.000.
Limited Access Area – is an area within a marijuana establishment where cannabis products and/or its byproducts are cultivated, disposed of, packaged, stored, weighed, or processed while directly under control of the marijuana establishment. A limited access area can be either indoor or outdoor.
Manufacture – is the process of compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product.
Marijuana Cultivator – is an entity licensed by the Commission to cultivate, process, and package marijuana. Marijuana cultivators are also licensed to transfer marijuana to other marijuana establishments but NOT to consumers. A craft marijuana cooperative is a particular type of marijuana cultivator.
Marijuana Establishment – is a marijuana-related business licensed by the Commission and includes: marijuana cultivators, marijuana establishments, craft marijuana cooperatives, marijuana product manufacturers, marijuana retailers, independent testing laboratories, marijuana research facilities, and marijuana transporters. Medical marijuana treatment centers are NOT considered a marijuana establishment.
Marijuana Establishment Agent – is any person who is at least 21 years-old and is an employee, director, volunteer, executive, board member, or manager of a marijuana establishment. Please note that contractors and consultants who provide on-site services to marijuana establishments regarding cultivating, harvesting, packaging, storing, preparing, testing, or dispensing of cannabis are considered employees.
Marijuana Product Manufacturer – is an entity that is licensed to obtain, manufacture, process, and package cannabis products for transfer to other marijuana establishments. Marijuana product manufacturers may not transfer cannabis products to consumers.
Marijuana Regulation Fund – is a fund, established by M.G.L. c. 94G § 14, that requires the fees and fines collected by the Commission to be deposited.
Marijuana Retailer – is an entity licensed to purchase and transport cannabis products from marijuana establishments to consumers. Retailers may NOT deliver cannabis products to consumers and they may NOT offer cannabis products for on-site social consumption at a marijuana establishment.
Marijuana Transporter – is an entity licensed by the Commission to purchase, possess, and obtain cannabis products only to transport, temporarily store, sell, or distribute to marijuana establishments. Marijuana transporters may not carry another licensed issued by the Commission. Furthermore, Marijuana transporters are prohibited from transporting, storing, selling, or distributing cannabis products to consumers.
Massachusetts Resident – is a person whose primary residents is within the Commonwealth of Massachusetts.
Marijuana Treatment Center (a.k.a. Registered Marijuana Dispensary(RMD))- is a non-profit entity, registered under 105 CMR 725.100, that acquires, administers, cultivates, distributes, dispenses, sells, transfers, or transports cannabis or cannabis products (including educational materials) to registered qualifying patients or their personal caregivers for medical use. Medical marijuana treatment centers may also develop cannabis products such as edibles, tinctures, oils, aerosols, or ointments.
Medical Registration Card – is an identification card issued by the Department of Public Health’s Medical Use of Marijuana Program. Medical registration cards are issued to a registered qualifying patient, institutional caregiver, personal caregiver, laboratory agent, or RMD agent. They allow access to Commission-supported databases. More importantly, medical registration card allows verification of the registrant’s status to the Commission and law enforcement authorities of those individuals who are exempt from Massachusetts’ civil and criminal penalties under St. 2012, c. 369, 105 CMR 725.000: Implementation of an Act for the Humanitarian Medical Use of Marijuana, St. 2016, c. 334 as amended by St. 2017, c. 55. and 935 CMR 500.00.
Member – is a person who is a member of a non-profit entity, incorporated under M.G.L. c. 180.
Microbusiness – is a collocated marijuana establishment that may operate as either a tier 1 marijuana cultivator, product manufacturer, or both so long as it complies with the operating procedures for each license. A microbusiness licensed as a marijuana product manufacturer is limited to purchasing 2,000 pounds of marijuana a year or less from other marijuana establishments.
Mycotoxin – is a toxic, secondary metabolite of a microfungus and includes, for the purposes of this chapter, alfatoxin B2, alfatoxin G1, alfatoxin G2, and ochratoxin A. Mycotoxins are capable of causing illness and death in humans and other animals.
Panic Alarm – is an audible security alarm signal that is manually activated, signals a life-threatening emergency situation, and calls for a law enforcement response.
Paraphernalia – is defined as “drug paraphernalia” by M.G.L. c. 94C, § 1.
Person – is an individual or an entity as defined by the Commonwealth of Massachusetts.
Personal Caregiver – is a person who assists a registered qualifying patient with their medical use of marijuana. Registered caregivers must; 1) be registered by the Commission, 2) be at least 21 years of age; and 3) NOT be the registered qualifying patient’s certifying healthcare provider. Furthermore, a visiting nurse, home health aide, or personal care attendant who provides care to a registered qualifying patient may serve as a personal caregiver, including to patients younger than 18 years, as a second caregiver.
Premises – is any indoor or outdoor location whereby a marijuana establishment may lawfully exert substantial supervision and control over entry, as well as to the conduct of those allowed to enter.
Priority Applicant – is an applicant who is either a registered marijuana dispensary (RMD) applicant or an economic empowerment applicant.
Process or Processing – is the act of curing, drying, trimming, harvesting, and/or separating parts of the cannabis plant. Processing may be performed manually or by machine. Processing does not include manufacture as defined by 935 CMR 500.002.
Production Area – is an area within a marijuana establishment where cannabis or cannabis products are handled or produced in preparation for sale. Production areas are required to be of limited access.
Production Batch – is a batch of finished plant material, cannabis concentrate or marijuana-infused product, or cannabis resin; made at the same time; with the same methods, equipment, and ingredients. Production batches are required to log each batch and identify that batch with unique sequential alphanumerical identifier so that it may be labeled and tracked for recalls.