01/24/2019 BOARD OF HEALTH Minutes

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Section E.3(iv) —All sales transactions shall be face-to-face. Mr. Harrington explained that this means the purchase or sale of any marijuana product over the Internet is a violation. The Attorney General is the only one who can enforce this and there simply isn't the manpower. The board agreed there was a need for clarification on the definition of transaction,and whether it began at the time of payment or upon receipt of the merchandise. Section E.4—This requirement prohibits self-serve displays,vending machines and roll-your-own machines in RMDs and MJ Establishments, Mr. Harrington disagreed, stating that these prohibitions were not necessary In an adult-only establishment. The board allowed these Items for tobacco sales In adult stores, and all MJ Establishments are adult-only (E.6). He stated that the only reason for prohibiting commercial roll your own machines is because it sidesteps the tax. Board members agreed this was not necessary. Section E.5 — This section requires marijuana accessories to be sold only in RMDs, MJ Establishments or adult-only stores. Mr. Harrington disagreed,stating that this requirement will force the removal of all the paraphernalia from convenience stores,and they had already taken a hit with the flavored tobacco ban. Board members agreed it was not necessary, stating that convenience stores are selling accessories, not product. Section E.6-Mr, Harrington explained that the MAHB checklist requests the minimum sales age be 25 years old, not 21, based on theories that the youth brain is still developing up to age 26. Board members agreed this was not a challenge they wanted to undertake at this time. Section F-MJ Establishment Agent Permits—Mr. Harrington explained that this section requires all personnel involved with marijuana to get an agent permit for$125.00, This section indicates the requirement for the Board of Health to screen and Issue permits to every employee involved with a MJ Establishment, Mr. Harrington feels the State regulations outline the employee requirements very well, and this Is beyond the scope of the local boards of health. He recommended keeping#6 which states the permit will not be renewed If the permittee falls to pay all fines, and #7 which states the dispensary agents must present their registration cards or agent permits to law enforcement officials, if requested. Mr. Harrington suggested adding a requirement that the establishment provide a list of employees to the Board of Health as part of the annual renewal process, as well as to police. He stated that he believes there Is no basis for requiring an agent permit except to generate more revenue. Chair Baumgaertel asked if there Is a training requirement for all personnel and a minimum age for selling, and Mr. Harrington answered that there was through the State regulation. He further answered that the State has already set guidelines for who can and can't be hired. Incorporation of 105 CMR 500&590.—Mr. Harrington explained that this section deals with the FDA recommendations on how to treat marijuana Infused products as an ingestible food. Ms. Langler asked if marijuana infused products are being produced at retail facilities, and Mr. Harrington answered that they can be produced at the marijuana facilities or elsewhere, with separate permits Issued for manufacturing. Ms. Langler asked if health agents would have to conduct inspections of these locations and Mr.Harrington answered in the affirmative. He further stated that the only limit set by the current by-law Is for retail establishments. The draft regulation would set the limit at 10 for all types except medical. Chair Baumgaertel asked if it would apply to the manufacture of edible products and Mr. Harrington answered in the affirmative,stating that State regulations outline packaging and.labeling of those products. There is no requirement in the State regulation for any marijuana product that is used for food to come 8