License Requirements; Fees

(1) No Person shall Produce Hemp or use Hemp Stock for Production or Research without first obtaining a License from the Department. (a) A Person may apply for either a License for Production or a License for Research. No Person may apply for both a Production and Research License during the same licensing period. (b) All Licenses are nontransferable. (c) Hemp cultivated for Research shall not result in the Production of Hemp or Hemp-derived products. (d) All Research shall be conducted in accordance with Pub. L. No. 115-334 and 7 CFR Part 990, as amended. If a Research Licensee intends to engage in Production, they must first apply for and obtain a Production License and comply with all the requirements for Production. No Person shall hold both a Production and Research License during the same licensing period. (2) New License Applications and Fees. (a) A Person shall submit a License application for either Production or Research on a form prescribed by the Department requesting information as set forth for Production in 330 CMR 32.03(5) or Research as set forth in 330 CMR 32.03(6). (b) Each License shall contain a License number issued by the Department and a written finding by the Commissioner that the requirements of M.G.L. c. 128, §§ 116 through 123 have been satisfied and that issuing the License is in the best interest of the Commonwealth. In determining whether issuing a License is in the best interest of the Commonwealth, the Commissioner shall presume that this standard is satisfied provided the Applicant is not disqualified for failing to meet the requirements set forth in 330 CMR 32.03(4). (c) New License applications may be submitted to the Department between January 1st and April 30th. (d) An application for a License shall be accompanied by a nonrefundable application fee and shall not be deemed complete and shall not be reviewed until such time as the fee has been paid. (e) If an application for a License is approved, the Licensee will be required to pay a License fee established by the Department prior to the issuance of any License. A License will not be granted until such time as the Licensee has paid the fee. (f) A License shall be issued on an annual basis and shall expire on December 31st of the year in which it was issued unless earlier suspended, modified, or revoked by the Department. (g) The Licensee shall keep the License, or a copy, at all Sites operated under the License. (h) Upon issuance, modification, suspension or revocation of any License, the Department shall provide a copy of the License or documentation of suspension or revocation to the municipality in which Production or Research of Hemp will occur. Such notice shall be provided to the municipality’s chief elected official and police department, as well as the state police barracks whose patrol area includes that municipality. (i) The Licensee shall promptly notify the Department in writing of any substantial change to information required by 330 CMR 32.03(2). Substantial change may include, but not be limited to, the following: 1. change of contact information (mailing address, email address, phone number); 2. change in size or location of the Site(s); 3. addition of Sites; or 4. change of land ownership. Any such change in land ownership may require proof of permission to use or continue to use the land subject to the License. (3) License Renewals and Fees. (a) Licenses may be renewed by submitting a renewal application and nonrefundable renewal fee between October 1st and December 1st of the calendar year in which the License expires. (b) Licenses will not be renewed unless the Licensee has submitted the end-of-year report required by the Department under 330 CMR 32.04(3)(d). (c) Renewal applications that are not received by the Department by December 1st may still be submitted until April 30th of the following year but may be assessed an additional late fee. (4) License Denials, Suspensions and Revocations. (a) A License or renewal shall be denied if it fails to satisfy the minimum qualifications for licensure pursuant to M.G.L. c. 128, §§ 116 through 123; or (b) For good cause shown. Good cause for denial of a License shall include, but not be limited to, the following: 1. A Person convicted of a felony relating to a controlled substance under any state or federal law. Such Person shall be ineligible to apply for a License for a period of ten years from the date of the conviction. Any Applicant who does not satisfy the requirements of 330 CMR 32.00, Pub. L. No. 115-134, as amended, or 7 CFR 990, as amended. Any person who materially falsifies any information contained in a License application including, but not limited to, the license application and accompanying documents, reports, or who makes fraudulent statements to inspectors. (c) A License may be suspended or revoked for failure to comply with M.G.L. c. 128, §§ 116 through 123 or as otherwise set forth in 7 CFR Part 990, as amended. (d) Any Applicant denied a License or whose License has been suspended or revoked may appeal pursuant to 330 CMR 32.09. (5) Production License. A complete application for a Production License, including renewal, shall be submitted to the Department on a Department-approved form. The application shall contain, at a minimum, the following information: (a) Full name, mailing address, and contact information, including email address, for the Applicant; and, if the Applicant is a business entity, the full name of the business; the principal business location address; full name, title, and e-mail address of the Key Participants; and employer identification number (EIN) of the business; (b) Name and address of the proposed Hemp Production Site(s); (c) Description of the Site(s), which shall include the street address or parcel identification number if no street address is available; (d) GPS coordinates provided in decimal degrees taken at the approximate center of the Site(s); (e) A map of the proposed Site(s) illustrating clear boundaries and locality of the Site(s); (f) If Hemp is to be planted in a field, the area in acres of each field; (g) If Hemp is to be planted in a greenhouse or other building, the approximate dimensions or square footage of the Production area; (h) An Identity History Summary for all Key Participants dated within 60 days prior to the application submission date; (i) Written assurance by the Applicant that the Applicant will comply with 330 CMR 32.00, Pub. L. No. 115-134, as amended, and 7 CFR Part 990, as amended; (j) Written consent by the Applicant to the Department to conduct both scheduled and unannounced inspections, sampling, and testing; and (k). Any other information that the Department may require. (6) Research License. A complete application for a Research License, including renewal, shall be submitted to the Department on a Department-approved form. The application shall contain, at a minimum, the following information: (a) Full name, mailing address, and contact information, including email address, for the individual(s) charged with overseeing the Research; (b) The name and location address of the Research Institution; and (c) A letter of endorsement from the Research Institution; (d) The location and description of each Site at which Research shall take place, which shall include the street address or parcel identification number if no street address is available, and GPS coordinates provided in decimal degrees taken at the approximate center of the Site; (e) A map of the proposed Site(s) illustrating clear boundaries and locality of the Site(s); (f) If Hemp is to be planted in a field, the area in acres of each field; (g) If Hemp is to be planted in a greenhouse or other building, the approximate dimensions or square footage of the Production area; (h) A description of the type of Research to be conducted that includes a plan that clearly defines: 1. Research objectives. 2. Planting and Harvest plans. 3. Sampling methods that comply with 7 CFR Part 990, as amended. Plans for Crop Remediation and disposals that comply with 7 CFR Part 990, as amended. 5. Plans for Crop reporting that comply with 330 CMR 32.04 and 7 CFR Part 990, as amended. (i) A statement that all Hemp used for conducting Research will either be grown as part of the Research or will be obtained from a Producer duly authorized by USDA, the Commonwealth or another government entity approved by USDA to exercise primary regulatory authority over Hemp; (j) An Identity History Summary for all Key Participants charged with overseeing the Research dated within 60 days prior to the application submission date; (k) Written assurance by the Applicant that the Applicant will comply with 330 CMR 32.00, Pub. L. No. 115-134, as amended, and 7 CFR Part 990, as amended; (l) Written assurance by the Applicant that Hemp produced for Research shall not enter the stream of commerce and shall be destroyed once the Research is completed; (m) Written consent by the Applicant to the Department to conduct both scheduled and unannounced inspections, sampling, and testing; and (n) Any other information that the Department may require. No Licensee shall offer or sell unprocessed, raw, or viable plant material, including the flower, except as follows: (a) To a Person Licensed under 330 CMR 32.03; (b) To a Person licensed as a processor pursuant to M.G.L. c. 128, § 118; (c) To a Person Licensed by USDA, or under a state or Tribe authorized to issue a license under a plan approved by 7 CFR Part 990, as amended; or (d) As authorized by M.G.L. c. 94G, § 12 to a Person licensed by the Cannabis Control Commission and in accordance with any guidance or regulation promulgated by the Cannabis Control Commission.