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:
BOARD OF HEALTH
The Town of Harvard Board of Health as elected/appointed
by the Select Board and its designated agent(s).
BOARD OF HEALTH AGENT
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.
BUSINESS AGENT
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.
CANNABIDIOL (CBD)
One of hundreds of cannabinoids in cannabis plants. CBD is
non-intoxicating.
COLOCATED MARIJUANA OPERATIONS (CMO)
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.
EDIBLE MARIJUANA PRODUCTS
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.
HEMP
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."
MARIJUANA
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.
MARIJUANA ACCESSORIES
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.
MARIJUANA ESTABLISHMENT
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).
MARIJUANA ESTABLISHMENT OPERATING PERMIT
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.
MARIJUANA PRODUCTS
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.
MARIJUANA-INFUSED PRODUCT (MIP)
This is a product intended to be consumed or applied topically,
that contains marijuana, its oils, or derivatives, as an added ingredient.
MINIMUM LEGAL SALES AGE
The minimum age an individual must be before that individual
can be sold a marijuana product in the Town of Harvard.
OPERATING PERMIT HOLDER
Any person engaged in the cultivation, sale, distribution
or transportation of marijuana who has received an operating permit.
PERSON
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.
REGISTERED MARIJUANA DISPENSARY (RMD)
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.
RETAIL TOBACCO STORE
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.
SELF-SERVICE DISPLAY
Any display from which customers may select marijuana or
a marijuana-infused product without assistance from an establishment.
THC
Abbreviation for tetrahydrocannabinol.
VENDING MACHINE
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.
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.
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.