Final Administrative Order Allowing Virtual Web-Based Community Outreach Meetings | June 14, 2021

Administrative Order No. 2

Issued: April 27, 2020

Amended: June 14, 2021

Effective: June 15, 2021

Applicants for licensure pursuant to 935 Code Mass. Regs. § 500.000

Applicants for licensure pursuant to 935 Code Mass. Regs. § 501.000

FINAL ADMINISTRATIVE ORDER ALLOWING VIRTUAL WEB-BASED COMMUNITY OUTREACH MEETINGS

M.G.L. c. 94G, M.G.L. c. 94I

935 Code Mass. Regs. §§ 500.105, 500.110, and 500.140 and

935 Code Mass. Regs. §§ 501.105, 501.110, and 501.140

The Cannabis Control Commission (“Commission”), acting through its Executive Director, amends its Administrative Order No. 2 (“Amended Administrative Order”) in response to the end of Governor Charles D. Baker’s Declaration of a State of Emergency to Respond to COVID-19 issued on March 10, 2020 (Emergency Order), and in accordance with M.G.L. 94I,

M.G.L. c. 94G, and the applicable medical- and adult-use regulations, including 935 Code Mass. Regs. §§ 500.00 and 501.000. Notwithstanding the recission of Governor Baker’s Emergency Order on June 15, 2021, the Commission, through this Amended Administrative Order, is extending the use of virtual Community Outreach Meetings for a limited period of time.

Applicants who conduct a Community Outreach Meeting in accordance with Administrative Order No. 2 as amended shall be deemed compliant for the purposes of submitting an application for licensure. This extension allows applicants to host virtual meetings already scheduled and until the date of expiration, and provides for the health, safety, and welfare of consumers and patients who are unable to attend in person gatherings.

The Commission, acting through its Executive Director, hereby ORDERS as follows:

1. Applicants may hold a Community Outreach Meeting via virtual, web-based means. The technology, including public interaction capabilities, shall be tested at least once prior to the date of the
2. The applicant shall follow all accessibility requirements, including the Americans with Disabilities Act (“ADA”) Accessibility Guidelines. This shall include, but is not limited to, closed captioning. The applicant may wish to liaise with the host community’s ADA
3. The applicant shall obtain approval in writing from the Contracting Authority or Authorized Representative of the host community for a virtual Community Outreach
4. The applicant shall ensure full notice of the meeting in accordance with 935 Code Regs. § 500.101(1)(a)(9) or 935 Code Mass. Regs. § 501.101(1)(a)(9).
5. The applicant shall provide in the notice instructions on how to join and participate in the meeting. The applicant may wish to provide instructions in any language common to the host community.
6. The applicant shall accept questions submitted in advance, which the applicant shall respond to during the meeting. The applicant shall detail how to submit questions in the
7. The applicant shall post on a publicly accessible website all meeting materials at least 24 hours in advance of the
8. The applicant shall enable communication that allows for engagement, questions and other interaction between the applicant and residents of the host community.
9. The applicant shall designate a meeting moderator, that individual shall not be associated with the applicant but may be associated with the host community. The moderator shall allow any meeting participant to offer questions or comments and allow for follow-up questions.
10. The applicant shall submit to the Commission the number of participants attending the
11. The applicant shall submit to the Commission a recording of the meeting as an attachment to their license
12. The applicant shall submit a recording of the meeting to the host community in a form or manner conducive for replay on local cable access or other broadcast means at the host community’s discretion.
13. With the exception of holding an in-person meeting, the applicant shall comply with all other requirements of 935 Code Regs. § 500.101(1)(a)(9) or 935 Code Mass. Regs. § 501.101(1)(a)(9) and Guidance for Applicants on Community Outreach. If a Licensee cannot comply with these or any other regulatory requirements, the Licensee may seek a waiver under 935 Code Mass. Regs. § 500.850 or 935 Code Mass. Regs. § 501.850.

Administrative Order No. 2 as amended shall take effect on June 15, 2021, at 12:00 A.M.

Administrative Order No. 2 as amended shall remain in effect until September 1, 2021, or the date the Commission rescinds or amends this order, whichever occurs first. The Commission may amend or modify this order as applicable to one particular licensee, a group of licensees, or all Commission licensees.

Failure to comply with the above conditions may result in disciplinary action against the applicant, including but not limited to, denial of licensure.

Nothing herein should be construed as precluding or limiting the Commission’s authority to take additional administrative action to protect the public health, safety, and welfare.

Questions about this order may be directed in writing to the above address, by phone (774-415-0200) on Monday – Friday from 9:00 A.M. – 5:00 P.M. or email at Commission@CCCMass.com.

Signed this 14^th day of June 2021.

Commonwealth of Massachusetts Cannabis Control Commission

Shawn Collins, Executive Director