Petition for Changes to Commission Regulations

Request new or amended rules, or request a repeal of existing ones

Under M.G.L. c. 30A, § 4, any interested person, including business owners, patients, consumers, or a member of the general public, may petition the Massachusetts Cannabis Control Commission (Commission) for changes to the agency’s regulations, including adopting, amending, or repealing a regulation. Petitions must be submitted in writing and electronically, signed by the individual (“petitioner”), and include the petitioner’s contact information, interest in the regulation, proposed changes (with marked edits to a copy of the existing regulations if proposing amendments), and supporting reasons or evidence for the proposed change. Petitioners may also opt to engage in this process through a representative. Review 935 CMR 500.830 and 501.830 for more information.

The Commission may review petitions at a public meeting or through its Executive Director and will notify the petitioner of its decision within a reasonable time. Filing a petition does not itself change the regulation. Any adoption, amendment, or repeal must follow the full rulemaking process required by state law and the Secretary of the Commonwealth’s procedures.

Massachusetts’ Regulatory Process

Overview

As a state agency, the Commission must follow the statutory rulemaking process set forth in M.G.L. c. 30A (the State Administrative Procedure Act) as well as the regulations set forth by the Secretary of the Commonwealth (Secretary) when adopting, repealing, or amending regulations. The Secretary requires state agencies to comply with its rules under 950 CMR 20.00 which establishes standards for preparing, filing, and publishing state agency regulations and is applicable to all rules filed pursuant to M.G.L. c. 30A, §§ 1 through 6A. The Secretary also maintains a Regulations Manual intended to assist state agencies in the process of drafting, proposing, and filing regulations.

Draft regulatory amendments are developed through policy discussions and Commission deliberation conducted during public meetings. Following this process, the Commission may vote to approve proposed amendments for public comment and hearing. These votes authorize the release of draft regulations for stakeholder input and do not constitute final adoption.

Prior to final adoption or amendment of a regulation, the Commission is required to hold a public hearing (M.G.L. c. 30A, § 2), which may also include a public comment period (M.G.L. c. 30A, § 3). The Commission must submit a notice of public hearing or comment period to the Secretary at least 21 days prior to a public hearing or the close of a public comment period for publication. The Secretary then publishes the notice in the Massachusetts Register and provides access to an online version of all Notices of Public Review of Prospective Regulations. Publication by the Secretary is the primary means of giving notice of proposed actions by state agencies.

Under Executive Order #145, the Commission must also send notice of proposed regulations to the Local Government Advisory Committee (LGAC) 14 days before giving notice of a public hearing or comment period under M.G.L. c. 30A. The notice includes a brief statement describing the proposed action which emphasizes the Commission’s best judgment of elements which might impact local government.

At the close of the Commission’s regulatory revisions, the Commission votes to adopt the final amendments. Following that vote, the Commission must file the new regulations with the Secretary for publication in the Code of Massachusetts Regulations and the Massachusetts Register. The Massachusetts Register is published bi-weekly on Fridays.

Commenting on Proposed Regulatory Changes During Public Hearings or Comment Periods

If a constituent plans to provide verbal testimony or submit written feedback on the proposed regulations to the Commission, there is no specific format or form that is required by statute or regulation. However, an agency may request specific parameters to help organize its efficient intake and review of testimony and submissions (e.g., limiting speakers to three minutes during a public hearing or suggesting preferred subject lines for emailed comments). The following tips are intended to help constituents provide a strong comment that will best explain their views and improve the proposed regulations.

Public hearings are announced by the Commission with instructions for those who wish to sign up to provide verbal comments or testimony. Written comments on the proposed regulations should be emailed to: Commission@CCCMass.com. Voicemail comments can be left by calling (774) 415-0200.

When providing verbal testimony:

• Clearly state your name and the name of your organization or business you represent.
• Keep your remarks to 3 minutes.
• Stick to the topic and section of the regulations that are up for discussion.
• Read the complete text of the proposed regulations, which can be found on the “draft regulations” section of the Commission’s website. If you have questions or find any part of the proposed rule unclear, you are encouraged to raise that in your comment.

Before writing a comment:

• Be aware of the Commission’s submission deadline. Public comment periods typically close at 5 p.m. on the day comments are due. It is recommended that you begin working on your comment well before the deadline as the Commission can choose to forego reviewing any comments submitted past the deadline.
• Read the complete text of the proposed regulations, which can be found on the “draft regulations” section of the Commission’s website. If you have questions or finds any part of the proposed rule unclear, you are encouraged to raise that in your comment.

While writing a comment:

• Ensure your name and the name of your organization or business you represent is clearly stated.
• Clearly state the specific section or subsection within the proposed regulations that are  the subject of the comment.
  • Try to be as specific as possible. A citation should begin with the section number of the regulations and include all letters or numbers that identify that particular subsection. An example of what a citation of a specific section of might look like is: “500.140(a)(2)i.b.”.
  • You can address multiple regulatory sections in your comment. If you do so, make sure to clarify which section corresponds with each comment you provide.
  • If your comment is not tied to any specific section(s) of the proposed regulations, or it is unclear where it fits best, then you do not need to cite a specific section in the comment.
• If applicable, provide specific suggestions for new or amended regulatory language and how the current draft can be changed.
• When possible, justify the comment with support.
  • Support can include data, personal experience, factual information, scientific research, sound reasoning, expert opinions, or another way.
  • If possible, provide links or references to the information that supports the comment.
  • Include examples of how the proposed regulations would impact your business, you personally, or your community negatively or positively.
• If you disagree with a portion of the proposed regulations, you are strongly encouraged to suggest alternative language and explain how it might meet the same objective or be more effective.

Before submitting a comment:

• Proofread your comment to be sure the Commission will understand it upon review.
• Ensure the subject line of an emailed comment states the topic of the comment period.
• Comments on the proposed regulations should be submitted by email to Commission@CCCMass.com or you can leave the agency a voicemail by calling (774) 415-0200.
• You do not need to send comments to multiple individuals at the Commission. By submitting to Commission@CCCMass.com in the appropriate timeframe, you can ensure your comment is reviewed appropriately. By sending your comment to multiple individuals, it is more likely the comment may be missed.
• Do not submit the same comment more than once. Unless you receive an error message that indicates your email was not sent or there is another indication that the comment was not received, you should assume the Commission has received your comment. The Commission receives many comments and it takes time to carefully review all submissions.
• Continue to monitor the Commission’s website, calendar, and public meetings for updates that may be applicable to the proposed regulations.

Regulations

Check the Commission’s News page or subscribe to the agency’s Notice List for updates on regulatory revisions and public hearings or comment periods.