[Adopted 11-19-2019]
A.Â
Whereas, Massachusetts voters approved the regulation and the use
and distribution of marijuana not medically prescribed on November
8, 2016, pursuant to Chapter 344 of the Acts of 2016, as amended by
Chapter 55 of the Acts of 2017, an Act to Ensure Safe Access to Marijuana;
and
B.Â
Whereas, the prevention of the illegal sale and use of marijuana,
particularly involving youth, is a public health priority; and
C.Â
Whereas, the state regulation at 935 CMR 500.000 allows for lawful
local oversight and regulation, including local fee requirements;
and
D.Â
Whereas, Chapter 55 of the Acts of 2017 specifically allows municipalities
to "adopt ordinances and by-laws that impose reasonable safeguards
on the operation of marijuana establishments" specifically related
to "the time, place and manner of marijuana establishment operations
and of any business dealing in marijuana accessories" provided that
such restrictions "are not unreasonably impracticable and are not
in conflict" with the state statute or regulations regulating marijuana
sales.
E.Â
Whereas, local oversight and inspection of marijuana establishments,
including marijuana establishments is within the legal authority of
local boards of health to protect public health, safety and welfare;
and
F.Â
Whereas G.L. c. 128, §§ 116 through 123 permits the
growing of hemp for commercial purposes and designates the Massachusetts
Department of Agricultural Resources (MDAR) as the regulatory authority;
G.Â
Whereas MDAR requires that until the agency enacts regulations, hemp
products grown and processed in Massachusetts must obtain a license
issued by MDAR unless otherwise authorized by federal law, and these
products must be tested by an approved Massachusetts independent laboratory
or a federally approved laboratory to determine that the THC and pesticide
levels are within the standards set by MDAR;
I.Â
Therefore, in furtherance of its mission to protect, promote and
preserve the health and well-being of all Harvard's residents and
pursuant to the authority granted to it pursuant to G.L. c. 111, § 31,
the Harvard Board of Health enacts a Regulation to Ensure the Sanitary
and Safe Operation of Adult-Use Marijuana Establishments and the Sale
of Adult-Use Marijuana and Cannabidiol.
Unless otherwise indicated, terms used throughout this regulation
shall be defined as they are in 935 CMR 500.000 and G.L. c. 94G, § 1
and G.L. c 128, § 116. In addition, for the purposes of
this regulation, the following words shall have the following meanings:
The Town of Harvard Board of Health as elected/appointed
by the Select Board and its designated agent(s).
The Director of Public Health and any Town employee designated
by the Board of Health, which may include Board of Health staff, law
enforcement officers, fire officials and code enforcement officers.
An individual who has been designated by the owner or operator
of any adult-use marijuana establishment to be the manager or otherwise
in charge of said establishment.
One of hundreds of cannabinoids in cannabis plants. CBD is
non-intoxicating.
An entity operating under both an RMD registration pursuant
to 935 CMR 501.000: Medical Use of Marijuana, and under at least one
marijuana establishment license pursuant to 935 CMR 500.000: Adult
Use of Marijuana, on the same premise. Co-located marijuana operations
pertain to cultivation, product manufacturing, and retail, but not
any other adult-use license.
A hemp or CBD product that is to be consumed by humans by
eating or drinking.
A marijuana product that is to be consumed by humans by eating
or drinking and is sold or made by a facility licensed as a marijuana
establishment under 935 CMR 500.000 and or 935 CMR 501.000.
The plant of the genus cannabis and any part of the plant,
whether growing or not, with a delta-9-tetrahydrocannabinol (THC)
concentration that does not exceed 0.3% on a dry weight basis or per
volume or weight of marijuana product or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant of the genus
cannabis regardless or moisture content, or any product labelled as
"hemp" with the exception of products labelled "hulled hemp seeds,"
"hemp seed protein" and "hemp seed oil."
All parts of any plant of the genus cannabis, not excepted
below, and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin including tetrahydrocannabinol as defined in Section
1 of Chapter 94G of the General Laws. "Marijuana" shall not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, fiber,
oil, or cake made from the seeds of the plant or the sterilized seed
of the plant that is incapable of germination; hemp; or the weight
of any other ingredient combined with adult-use marijuana to prepare
topical or oral administrations, food, drink or other products.
Equipment, products, devices or materials of any kind that
are intended or designed for use in ingesting, inhaling or otherwise
introducing adult-use marijuana into the human body.
Any type of marijuana-related business licensed by the Cannabis
Control Commission (CCC) pursuant to 935 CMR 500.050, 935 CMR 501.000,
and 935 CMR 502.000 including a marijuana cultivator, craft marijuana
cooperative, marijuana product manufacturer, independent testing laboratory,
marijuana retailer, delivery-only marijuana retailer, marijuana social
consumption establishment, marijuana research facility, marijuana
transporter, marijuana micro-business, registered marijuana dispensaries
(RMD) and a collocated marijuana operations (CMOs).
A permit issued by the Board of Health, renewed annually
for a fee set by the Board of Health, that permits a marijuana establishment
to operate within the town of Harvard. A separate marijuana establishment
operating permit is required for each establishment.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
This is a product intended to be consumed or applied topically,
that contains marijuana, its oils, or derivatives, as an added ingredient.
The minimum age an individual must be before that individual
can be sold a marijuana product in the Town of Harvard.
Any person engaged in the cultivation, sale, distribution
or transportation of marijuana who has received an operating permit.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including, but not limited to
an owner, operator, manager, proprietor or person in charge of any
establishment, business, cultivation property or retail store.
An entity formerly and validly registered under 105 CMR 725.000:
Implementation of and Act for the Humanitarian Medical Use of Marijuana
or currently and validly registered under 935 CMR 501.100, that acquired,
cultivates, possesses, processes (including development of related
products such as edible MIPs, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies or educational
materials to registered qualifying patients or their personal caregivers.
Unless otherwise specified, "RMD" refers to the site(s) of dispensing,
cultivation, and preparation of marijuana.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale, but
not for resale, tobacco products and tobacco paraphernalia, in which
the sale of other products or offer of services is merely incidental,
and in which the entry of persons under the minimum legal sales age
is prohibited at all times, unless accompanied by their parent or
guardian, and which maintains a valid permit for the retail sale of
tobacco products as required by the Harvard Board of Health.
Any display from which customers may select marijuana or
a marijuana-infused product without assistance from an establishment.
Abbreviation for tetrahydrocannabinol.
Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses
or makes adult-use marijuana products.
A.Â
No person shall sell marijuana or permit marijuana, as defined herein,
to be sold to a person under the minimum legal sales age; or give
marijuana or marijuana products as defined herein, to a person under
the minimum legal sales age. The minimum legal sales age in the Town
of Harvard is 21.
B.Â
Each person selling or distributing marijuana or marijuana products,
as defined herein, shall verify the age of the purchaser by means
of a valid government-issued photographic identification containing
the bearer's date of birth and showing that the purchaser is 21 years
of age or older.
C.Â
All retail sales of marijuana or marijuana products shall be face-to-face
between the seller and the buyer and occur at the permitted location
unless and until delivery of marijuana is authorized and licensed
under state regulation and then, in strict compliance with all applicable
rules and regulations as well as the age limitation set forth herein.
D.Â
No person shall sell marijuana accessories or permit marijuana accessories
as herein defined to be sold to a person under the minimum legal sales
age; or give marijuana products as defined herein to a person under
the minimum legal sales age. The minimum legal sales age in the Town
of Harvard is 21.
A.Â
No person shall sell, cultivate, deliver or otherwise commercially
distribute marijuana or marijuana products, as defined herein, within
the Town of Harvard without first obtaining a marijuana operating
permit issued annually by the Board of Health. Only owners of establishments
with a permanent, non-mobile location in Harvard are eligible to apply
for an operating permit at the Town Hall and must meet the following
application requirements:
(1)Â
All applicants shall certify that they have obtained and are following:
all local and state laws, regulations, bylaws, including proof of
a current license with the CNB and present this proof as requested.
(2)Â
A marijuana delivery-only establishment, if authorized and licensed
under state regulation, shall not be required to have a permanent
non-mobile location but shall have an in-state permanent business
office address and contact information available. Upon request, the
establishment must share information about the current location and
destination of its employees with the Harvard Board of Health.
B.Â
No person shall gift marijuana or marijuana products to a consumer
contingent upon the sale of any other products.
C.Â
No person shall accept or redeem, offer to accept or redeem, or cause
or hire any person to accept or redeem or offer to accept or redeem
any coupon that provides marijuana or a marijuana product without
charge.
D.Â
As part of the marijuana operating permit application process, the
applicant will be provided with this regulation. Each applicant is
required to sign a statement declaring that the applicant has read
and understands this regulation and that the applicant is responsible
for instructing all employees who will be responsible for marijuana
sales about federal, state and local laws regarding the sale of marijuana,
including this regulation.
E.Â
A separate marijuana operating permit, displayed conspicuously, is
required for each marijuana establishment, the fee for which shall
be determined by the Board of Health.
F.Â
A marijuana operating permit is non-transferable. Each new owner
of a marijuana establishment must apply for a new permit.
G.Â
Issuance of a marijuana operating permit shall be conditioned on
an applicant's consent to periodic inspections of the marijuana establishment,
including any off-site location where business is conducted relating
to the manufacture or sale of marijuana at the marijuana establishment.
H.Â
A marijuana operating permit will not be renewed if the permit holder
has failed to pay all fines issued and the time to appeal the fines
has expired without an appeal having been filed and/or the permit
holder has not satisfied any outstanding permit suspensions. If a
violation was enforced by non-criminal dispositions, any appeal shall
be taken pursuant to G.L. c. 40, § 21D.
I.Â
A marijuana operating permit shall be subject to non-renewal if the establishment has sold a marijuana product to a person under the minimum legal sales age two times within the previous permit year and either the time to appeal has expired without an appeal having been filed or the appeals were unsuccessful. The permit holder may request a hearing pursuant to this regulation prior to non-renewal. Hearing will be held pursuant to § 145-97 of this regulation.
J.Â
No person under the minimum legal sales age shall be permitted to
enter an establishment with a marijuana operating permit except if
the establishment is a registered marijuana dispensary or is co-located
with a registered marijuana dispensary as defined in 935 CMR 501.000,
those individuals in possession of a registration card demonstrating
that the individual is a registered qualifying patient with the Medical
Use of Marijuana Program, and is in compliance with 935 CMR 501.000.
K.Â
A retail marijuana establishment shall sell primarily marijuana,
edible marijuana products and marijuana accessories as defined herein.
The sale of other products must be merely incidental. A retail marijuana
establishment is prohibited from holding a tobacco sales permit, retail
or wholesale food permit or a license that permits the sale or distribution
of any alcoholic beverage in any form.
L.Â
In no instance shall a marijuana operating permit be issued to any
establishment within 500 feet of a public or private school where
children attend classes in preschool programs, kindergarten programs
or grades one to 12 inclusive, or licensed after-school care programs
and daycare programs, or community sanctioned venues for athletic
events. The 500-foot distance shall be measured in a straight line
from the nearest point of the facility or venue in question to the
nearest point of the proposed marijuana establishment.
M.Â
All marijuana operating permits expire annually.
The manufacture of all edible marijuana products shall be conducted
in a state-licensed marijuana manufacturing facility and in accordance
with all applicable state regulations. All marijuana establishments,
including those that develop or process edible marijuana products,
shall comply with the sanitary requirements in 105 CMR 500.000: Good
Manufacturing Practices for Food. All edible products shall be prepared,
handled, and stored in compliance with the sanitation requirements
in 105 CMR 590.000: Minimum Sanitation Standards for Food Establishments.
The sale or distribution of edible marijuana products in any
form other than an original factory-wrapped package is prohibited,
including the repackaging and sale of an edible marijuana product
for retail sale.
All self-service displays of marijuana products are prohibited.
All vending machines containing marijuana products are prohibited.
Marijuana accessories, as defined herein, shall only be sold
in marijuana establishments and adult-only tobacco stores.
A.Â
No person shall sell CBD or hemp products without demonstrating the
following:
(1)Â
The products come from an approved source licensed either by MDAR
or equivalent.
(2)Â
The products have been tested by a Massachusetts-approved independent
laboratory or a federally approved independent laboratory and confirm
that the products do not contain more than 0.3% of THC and are pesticide-free.
(3)Â
"Hulled hemp seeds," "hemp seed protein" and "hemp seed oil" are
exempt.
(4)Â
Any medication approved by the federal Food and Drug Administration,
including Epidiolex, is exempt from this regulation.
B.Â
No person shall sell CBD- or hemp-infused food products unless approved
by the Harvard Board of Health. Approval requires the following:
(1)Â
MDAR license or equivalent.
(2)Â
Independent laboratory testing that confirms that the CBD or hemp
contains less than 0.3% THC and is pesticide-free.
(3)Â
Written plan for policies and procedures for adding product to food.
(4)Â
Posting on menu or menu board disclosing that CBD or hemp has been
added to the food product.
C.Â
No person shall sell hemp/CBD products to a person under the minimum
legal sales age of 21.
D.Â
All self-service displays of edible hemp/CBD products are prohibited.
E.Â
All vending machine sales of edible hemp/CBD products are prohibited.
A.Â
All cultivation, processing, manufacturing, delivery, sale and use
of marijuana shall be conducted in compliance with all state and local
laws, ordinances, regulations or policies. These shall include, where
applicable but not limited to, compliance with Chapter 344 of the
Acts of 2016, as amended by Chapter 55 of the Acts of 2017, 935 CMR
500.000, secondhand smoke laws and regulations, electronic cigarette
laws and regulations, nuisance laws and regulations and all requirements
associated with zoning and other local permitting. Violation of any
such law, not including federal laws relating to marijuana, shall
constitute a violation of this regulation and be subject to the fines
and penalties described herein. Nothing in this regulation provides
or is intended to provide any immunity under federal law or poses
an obstacle to federal enforcement of federal law.
B.Â
A marijuana establishment shall submit a security plan for review
to the Board of Health detailing all security measures taken to ensure
patient, consumer and community safety and eliminate unauthorized
access to the premises.
C.Â
The Board of Health, in consultation with the local Police Department,
other Town departments and officials, may establish limitations on
the hours of operation of any marijuana establishment.
D.Â
The Board of Health may require the distribution of additional educational
materials in marijuana establishments.
A.Â
Authority to inspect marijuana establishments for compliance and
to enforce this regulation shall be held by the Board of Health and
its designees, including the local Police Department.
B.Â
Any person may register a complaint pursuant to this regulation to
initiate an investigation and enforcement with the Board of Health
and its designees. Compliance inspections shall be conducted at a
minimum of three times annually, at the discretion of the Board of
Health and its designees.
C.Â
If permissible by local regulations, any fines or fees collected
pursuant to this regulation shall be used for the administration and
enforcement of this regulation and/or for any activities incidental
to this regulation related to the operation of marijuana establishments
or the sale and use of marijuana.
D.Â
It shall be the responsibility of the marijuana operating permit
holder and/or business agent to ensure compliance with all applicable
sections of this regulation. Any marijuana establishment found to
be in violation of the provisions of this regulation may receive a
written warning citation, a fine, a marijuana operating permit suspension
or a marijuana operating permit revocation.
E.Â
Any permit holder or any person or entity charged with violation
of any provision of this regulation shall receive a notice of violation
from the Board of Health or its designated agent. Unless an appeal
of such violation notice is waived by the permit holder or any person
or entity charged, the Board of Health shall conduct a hearing to
determine the facts of the violation, the appropriate corrective actions,
the terms of suspension, if any, and/or issue a permit revocation
order.
F.Â
Prior to issuing any suspension or revocation, the Board of Health
shall provide notice to the permit holder of the intent to suspend
or revoke a permit, which notice shall contain the reasons therefor
and establish a time and date for a hearing, which date shall be no
earlier than seven days after the date of said notice. The permit
holder shall have an opportunity to be heard at such hearing and shall
be notified of the Board of Health's decision and the reasons therefor
in writing. After a hearing, the Board of Health may suspend or revoke
the permit if the Board of Health finds that a violation of this regulation
occurred.
G.Â
Alternatively, violations of this regulation may be enforced by the
non-criminal method of disposition as provided in G.L. c. 40, § 21D
and as enabled pursuant to the Town's regulations.
H.Â
Each day a violation exists shall be deemed to be a separate offense.
A.Â
A variance from this regulation may be requested in writing of the
Board of Health. A variance may be granted by the Board of Health
after a hearing at which time the applicant establishes the following:
B.Â
The Board of Health may impose any conditions, safeguards and other
limitations on a variance when it deems it appropriate to protect
the public health and safety or the environment.
If any provision of this regulation is declared invalid or unenforceable,
all other provisions shall not be affected thereby but shall be in
full force and effect.
This regulation shall take effect immediately upon passage by
the Board of Health.
