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CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
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CHAPTER X: HOUSING SERVICES
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CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
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8-13.1   Purpose.
   The purpose of this Section is to ensure equity in the city’s cannabis industry. The policies enacted during the “War on Drugs” and its associated policies have had a disproportionate impact on people of Black, African American, Latino and/or Hispanic descent. Within the city, neighborhoods particularly impacted include Roxbury, Dorchester and Mattapan. It would be unjust if, following the legalization of cannabis by the voters of the commonwealth, people from the affected groups were not allowed to receive the economic benefits of legalization.
(CBC 1985 8-13.1; Ord. 2019 c. 5 § 1)
8-13.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AREA OF DISPROPORTIONATE IMPACT. A geographic area identified by the Boston Cannabis Board or the Cannabis Control Commission, which has had historically high rates of arrest, conviction and incarceration related to marijuana crimes between 1971 and 2016.
   CANNABIS CONTROL COMMISSION or CCC. The Massachusetts Cannabis Control Commission.
   CLOSE ASSOCIATE. A person who holds a relevant financial interest in, or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that interest or power, is able to exercise a significant influence over the management or operation of a marijuana establishment licensed under this chapter.
   CONTROLLING PERSON. An Officer, Board Member or other individual who has a financial or voting interest of 10% or greater in a marijuana establishment.
   CRAFT MARIJUANA COOPERATIVE. A marijuana cultivator comprised of residents of the commonwealth and organized as a limited liability company, limited liability partnership or cooperative corporation under the laws of the commonwealth. A COOPERATIVE is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.
   INVESTOR. Any person or entity who has provided a marijuana applicant with financial resources in exchange for an ownership stake in the business.
   LICENSEE. A person or entity licensed by the Boston Cannabis Board and the Cannabis Control Commission to operate a marijuana establishment.
   MARIJUANA APPLICANT or APPLICANT. Any person, business, organization or group that has submitted an application to the city to open a marijuana establishment.
   MARIJUANA or CANNABIS. 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; 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 94C; provided, however, that MARIJUANA shall not include:
      (1)   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;
      (2)   Hemp; or
      (3)   The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
   MARIJUANA CULTIVATOR. An entity licensed to cultivate, process and package marijuana; to deliver marijuana to marijuana establishments; and to transfer marijuana to other marijuana establishments, but not to consumers.
   MARIJUANA ESTABLISHMENT. A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, marijuana research facility or any other type of licensed marijuana-related business.
   MARIJUANA INDEPENDENT TESTING LABORATORY. A laboratory that is licensed by the Cannabis Control Commission and is:
      (1)   Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the Cannabis Control Commission;
      (2)   Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
      (3)   Qualified to test marijuana in compliance with 935 CMR 500.160 and M.G.L. Chapter 64C, Section 34.
   MARIJUANA PRODUCT MANUFACTURER. An entity licensed to obtain, manufacture, process and package marijuana and marijuana products; to deliver marijuana and marijuana products to marijuana establishments; and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
   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 RESEARCH FACILITY. An entity licensed by the Cannabis Control Commission to engage in research projects. Such a facility may cultivate, purchase or otherwise acquire cannabis for the purpose of conducting research regarding marijuana or marijuana products. A RESEARCH FACILITY may be an academic institution.
   MARIJUANA RETAILER. An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
   MARIJUANA SOCIAL CONSUMPTION OPERATOR. A marijuana retailer licensed to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana or marijuana products on its premises only.
   MARIJUANA TRANSPORTER. A marijuana retailer that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility or microbusiness.
   MICROBUSINESS. A co-located marijuana establishment that can be either a marijuana cultivator of up to 5,000 square feet or product manufacturer or both, in compliance with the operating procedures for each license. A MICROBUSINESS that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.
(CBC 1985 8-13.2; Ord. 2019 c. 5 § 1)
8-13.3   Boston Equity Program.
   (A)   An applicant shall be designated by the Boston Cannabis Board as an equity applicant if at least 51% of its ownership meets at least three of the following criteria:
      (1)   A person who has resided in an area of disproportionate impact, as defined by the Boston Cannabis Board, for at least five of the last ten years;
      (2)   A person who has a past arrest or conviction for the possession, sale, manufacturing or cultivation of marijuana between 1971 and 2016, who has been a resident of Boston for the past five years; or a person who is the child of a person with a past arrest or conviction for the possession, sale, manufacturing or cultivation of marijuana between 1971 and 2016, who has been a resident of Boston for the past five years;
      (3)   A person who has resided in the city for at least the past seven years;
      (4)   A person who is of Black, African American, Hispanic, Latino, Asian or Indigenous descent;
      (5)   A person whose annual household income is at or below 100% of the area median income;
      (6)   A person who has been certified by the Cannabis Control Commission as an economic empowerment applicant or is a participant in the Cannabis Control Commission’s Social Equity Program and is a resident of Boston for at least one of the last three years; and
      (7)   A person who is a former member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and Space Force) who served on active duty and was discharged under conditions which were other than dishonorable.
   (B)   The Office of Emerging Industries shall establish a program, known as the “Boston Cannabis Equity Program”, to offer equity applicants services, which may include:
      (1)   Technical assistance with business operations, including the development of business plans;
      (2)   Technical assistance recruiting employees;
      (3)   Guidance and assistance through the application process;
      (4)   Technical assistance with legal compliance;
      (5)   Accounting and tax preparedness assistance;
      (6)   Best practices for operating in the marijuana industry;
      (7)   Technical assistance with store security; and
      (8)   Technical assistance identifying and raising funds and capital and identifying vendors.
   (C)   An applicant or licensee shall only be eligible for the benefits of the Boston Cannabis Equity Program if they continue to meet the above conditions.
   (D)   The city shall maintain an equal or greater number of retail dispensary equity applicant licensees to retail dispensary licensees who do not qualify as equity applicants.
   (E)   The city shall maintain the same equity to non-equity ratio for cultivation licenses.
(CBC 1985 8-13.3; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.4   Boston Cannabis Board.
   (A)   The Mayor shall establish a Cannabis Board. This Board shall be made up of seven members: one member with experience with the city’s licensing and regulation of businesses, one member with experience in public health policy, one member with experience in public safety, one member with experience in organized labor or workers’ rights, one member with experience in economic development, one member with experience in urban planning or land use and one member with experience in a leadership role within a neighborhood association in Boston.
   (B)   No member of the Boston Cannabis Board may be a close associate, controlling person or investor in a business that holds, is seeking or intends to seek a license from the Board.
   (C)   Board members shall receive annual ethics training and shall provide a financial disclosure statement on an annual basis to ensure compliance with the above conflict of interest provisions.
(CBC 1985 8-13.4; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.5   Applicability.
   Any persons or entity seeking to operate any type of adult-use marijuana establishment shall require a local license issued by the city.
(CBC 1985 8-13.5; Ord. 2019 c. 5 § 1)
8-13.6   Application Requirements.
   (A)   An applicant in any category of cannabis establishment shall file, in a form and manner specified by the city, an application for licensure as a cannabis establishment.
   (B)   Applicants shall be required to submit the following information as part of their initial application:
      (1)   The entity name and the trade name to be used, and business certificate;
      (2)   The names, addresses and contact information of the business owners, controlling persons, close associates and investors;
      (3)   The address of the proposed business, and proof of permission from the owner of the property to operate on the premises or lease information;
      (4)   The name, mailing address and contact information of the property owner;
      (5)   The party responsible for managing the application and their contact information;
      (6)   Whether the applicant has been designated as an economic empowerment applicant by the commonwealth’s Cannabis Control Commission;
      (7)   Whether the applicant has been designated as a social equity program participant, or whether they are eligible for the program, by the commonwealth’s Cannabis Control Commission;
      (8)   Any other information or documents required by the Board;
      (9)   No retail applicants that are within a ½ mile of another licensed retail marijuana establishment shall be scheduled for a hearing before the Board until they provide the following:
         (a)   Applicant’s statement explaining in particularity why the applicant should be granted a license despite the proximity to another establishment addressing the following:
            1.   Special circumstances or conditions that apply to the proposed location;
            2.   Reasons of practical difficulty and substantial hardship explaining why the proximity to another applicant should not prevent the BCB from granting a license. Self-created difficulty or the financial viability of the proposal or site shall not be considered as a practical difficulty or substantial hardship; and
            3.   How the BCB’s grant of a license would not negatively impact the surrounding neighborhood.
         (b)   Documentation of support which may include letters of support from community members, letters of support from community organizations, letters of support from direct or indirect abutters and letters of support from elected officials or their respective representatives. The BCB must receive a minimum of three letters of support.
      (10)   In cases where there are two or more licensed retail establishments within a half mile radius of a proposed site, retail applicants shall be subject to heightened scrutiny and a rebuttable presumption against the proposed location.
(CBC 1985 8-13.6; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.7   Community Outreach, Host Community Agreements.
   (A)   The city shall hold at least one community meeting on the application near the proposed location of the establishment. The meeting must be held within six months of the initial application being filed.
   (B)   A notice shall be issued which shall include the date, time, place and subject matter of the meeting, including the proposed address of the marijuana establishment. It shall be published in a newspaper of general circulation at least seven calendar days prior to the meeting. A copy of the notice shall be filed with the City Clerk. Copies shall be mailed or delivered to all residents within 300 feet of the proposed location. The meeting shall include a discussion of the following topics: the type(s) of marijuana establishment to be located at the proposed address; information adequate to demonstrate that the location will be maintained securely and steps to be taken by the marijuana establishment to prevent diversion to minors; a plan by the marijuana establishment to positively impact the community; and information adequate to demonstrate that the location will not constitute a nuisance to the community.
   (C)   All approved applicants shall be required to negotiate a host community agreement with the city, which must be kept current at all times. The city shall negotiate host community agreements and work in collaboration with the district City Councilor. The district City Councilor shall be responsible for providing a letter of support, non-opposition or non-support.
(CBC 1985 8-13.7; Ord. 2019 c. 5 § 1)
8-13.8   Criteria.
   (A)   The city shall grant licenses with the goal of ensuring that licenses are granted with respect to equity, quality and community safety. Licensees shall be expected to comply with the laws and regulations of the commonwealth and the city. Applications shall be evaluated based on the applicant’s score as described in division (B) below.
   (B)   Applications shall be evaluated based on the applicant’s:
      (1)   Diversity and Inclusion Plan: 25%;
      (2)   Location: 25%:
         (a)   Distance from a licensed retail marijuana establishment;
         (b)   Residential and commercial density near the site;
         (c)   Distance from schools, social services or treatment centers;
         (d)   Access to public transportation; and
         (e)   Accessibility and amount of on-site parking.
      (3)   Employment Plan: 20%:
         (a)   Plan for employment of city residents;
         (b)   Plan for employment of minorities and women;
         (c)   Plan for offering competitive wages and benefits for local residents; and
         (d)   Plan for employment of individuals with criminal records.
      (4)   Community feedback/public support: 20%:
         (a)   Letters of support from local elected officials; and
         (b)   Letters of support from local community organizations.
      (5)   Safety and security: 10%:
         (a)   Plan for on-site security personnel;
         (b)   Plan for building and product security;
         (c)   Plan for protecting youth from accessing the product;
         (d)   Plan for the transportation and delivery of the product; and
         (e)   Plan for the transportation of monies to and from the site.
(CBC 1985 8-13.8; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
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