(a)
Application of
Intent. An applicant for licensure as an MTC shall submit the
following as part of the Application of Intent:
1. Documentation that the MTC is an entity
registered to do business in Massachusetts and a list of all Persons or
Entities Having Direct or Indirect Control. In addition, the applicant shall
submit any contractual, management, or other written document that explicitly
or implicitly conveys direct or indirect control over the MTC to the listed
person or entity pursuant to
935 CMR
501.050(1)(b);
2. A disclosure of an interest of each
individual named in the application in any Marijuana Establishment or MTC
application for licensure or Licensee in Massachusetts;
3. Documentation disclosing whether any
individual named in the application have past or present business interests in
Other Jurisdictions;
4.
Documentation detailing the amounts and sources of capital resources available
to the applicant from any individual or entity that will be contributing
capital resources to the applicant for purposes of establishing or operating
the identified MTC for each License applied for. If any person or entity
contributing initial capital, either in cash or in kind, would be classified as
a Person or Entity Having Direct or Indirect Control, in exchange for the
initial capital, they shall also be listed pursuant to 935 CMR 501.101(1)(a)1.
Information submitted shall be subject to review and verification by the
Commission as a component of the application process. Required documentation
shall include:
a. The proper name of any
individual or registered business name of any entity;
b. The street address; provided however, that
the address may not be a post office box;
c. The primary telephone number;
e. The amount and source of capital provided
or promised;
f. A bank record dated
within 60 days of the application submission date verifying the existence of
capital;
g. Certification that
funds used to invest in or finance the MTC were lawfully earned or obtained;
and
h. Any contractual or written
agreement pertaining to a loan of initial capital, if applicable.
5. Documentation of a bond or an
escrow account in an amount set by
935
CMR 501.105(16);
6. Identification of the proposed address for
the License;
7. Documentation of a
property interest in the proposed address. The proposed MTC shall be identified
in the documentation as the entity that has the property interest. Interest may
be demonstrated by one of the following:
a.
Clear legal title to the proposed site;
b. An option to purchase the proposed
site;
c. A legally enforceable
agreement to give such title; or
d.
Documentation evidencing permission to use the Premises.
8. Documentation in the form of a single-page
certification signed by the contracting authorities for the municipality (or
municipalities) and applicant evidencing that the applicant for licensure and
host municipality in which the address of the MTC is located have executed a
Host Community agreement;
9.
Documentation that the applicant has conducted a community outreach meeting
consistent with the Commission's
Guidance for License Applicants on
Community Outreach within the six months prior to the application
submission date. If the MTC will be located in two locations under this
License, the applicant shall hold separate and distinct community outreach
meetings in each municipality. Documentation shall include:
a. Copy of a notice of the time, place and
subject matter of the meeting, including the proposed address of the MTC, that
was published in a newspaper of general circulation in the city or town at
least 14 calendar days prior to the meeting;
b. Copy of the meeting notice filed with the
city or town clerk, the planning board, the contracting authority for the
municipality and local cannabis licensing authority, if applicable;
c. Attestation that at least one meeting was
held within the municipality where the MTC is proposed to be located;
d. Attestation that at least one meeting was
held after normal business hours;
e. Attestation that notice of the time, place
and subject matter of the meeting, including the proposed address of the MTC,
was mailed at least seven calendar days prior to the community outreach meeting
to abutters of the proposed address of the MTC, and residents within 300 feet
of the property line of the petitioner as they appear on the most recent
applicable tax list, notwithstanding that the land of any such Owner is located
in another city or town;
f.
Information presented at the community outreach meeting, which shall include,
but not be limited to:
i. The proposed address
of the MTC with the declaration that the proposed MTC is a "Medical Marijuana
Treatment Center";
ii. Information
adequate to demonstrate that the location(s) will be maintained
securely;
iii. Steps to be taken by
the MTC to prevent diversion to minors;
iv. A plan by the MTC to provide reduced cost
or free Marijuana to Patients with documented Verified Financial Hardship, as
defined by the Commission. The plan shall outline the goals, programs, and
measurements the MTC will pursue once licensed;
v. A plan by the Marijuana Establishment to
positively impact the community;
vi. Information adequate to demonstrate that
the location will not constitute a nuisance as defined by law; and
vii. An attestation that community members
were permitted to ask questions and receive answers from representatives of the
MTC.
10. A
description of plans to ensure that the MTC is or will be compliant with local
codes, ordinances, and bylaws for the physical address of the MTC, which shall
include, but not be limited to, the identification of all local licensing
requirements for the medical use of Marijuana;
11. A plan by the MTC to positively impact
Areas of Disproportionate Impact, as defined by the Commission, for the
purposes established in M.G.L. c. 94G, § 4(a1/2)(iv). The plan shall
outline the goals, programs, and measurements the Marijuana Establishment will
pursue once licensed. A Licensee may satisfy their positive impact plan
requirement, in part, by donating to the Cannabis Social Equity Trust Fund at
any time once licensed. The plan shall outline the goals, programs, and
measurements the MTC will pursue once licensed.
12. In addition to donating to the Cannabis
Social Equity Trust Fund, a Licensee may satisfy the remainder of their
positive impact plan by complying with one or more of the following:
a. The Licensee has conducted 50 hours of
educational seminars targeted to residents of Areas of Disproportionate Impact
in one or more of the following: Marijuana cultivation, Marijuana Product
manufacturing, Marijuana retailing, or Marijuana business training;
b. The Licensee can demonstrate that a
majority of employees have a conviction or continuance without a finding for an
offense under M.G.L. c. 94C or an equivalent conviction in Other Jurisdictions;
or
c. The Licensee can demonstrate
that in a year, at least one percent of its gross revenue or a minimum of 20
hours of each staff member's paid time is contributed to supporting persons
from communities disproportionately harmed by Marijuana prohibition or an Area
of Disproportionate Impact as determined by the Commission.
13. The requisite nonrefundable application
fee pursuant to
935
CMR 501.005; and
14. Any other information required by the
Commission.
(b)
Background Check. Prior to an application being
considered complete, each applicant for licensure shall submit the following
information:
1. The list of individuals and
entities in
935
CMR
501.101(1)(a)1.;
2. Information for each individual identified
in 935 CMR
501.101(1)(a)1., which shall
include:
a. the individual's full legal name
and any aliases;
b. the
individual's address;
c. the
individual's date of birth;
d. a
photocopy of the individual's driver's license or other government-issued
identification card;
e. a CORI
Acknowledgment Form, pursuant to
803
CMR 2.09:
Requirements for Requestors
to Request CORI, provided by the Commission, signed by the individual
and notarized; and
f. any other
authorization or disclosure, deemed necessary by the Commission, for the
purposes of conducting a background check.
3.
Relevant Background Check
Information. All Persons and Entities Having Direct or Indirect
Control, and those individuals and entities contributing 10% or more in the
form of a loan, shall provide information detailing involvement in any of the
following criminal, civil, or administrative matters:
a. A description and the relevant dates of
any criminal action under the laws of the Commonwealth, or an Other
Jurisdiction, whether for a felony or misdemeanor including, but not limited
to, action against any health care facility or facility for providing Marijuana
for medical or adult-use purposes, in which those individuals either owned
shares of stock or served as board member, Executive, officer, director or
member, and which resulted in conviction, or guilty plea, or plea of
nolo contendere, or admission of sufficient facts;
b. A description and the relevant dates of
any civil action under the laws of the Commonwealth, or an Other Jurisdiction
including, but not limited to, a complaint relating to any professional or
occupational or fraudulent practices;
c. A description and relevant dates of any
past or pending legal or disciplinary actions in the Commonwealth or any other
state against an entity whom the applicant served as a Person or Entity Having
Direct or Indirect Control, related to the cultivation, Processing,
distribution, or sale of Marijuana for medical or adult-use purposes;
d. A description and the relevant dates of
any administrative action including any complaint, order, stipulated agreement
or settlement, or disciplinary action, by the Commonwealth, or like action in
an Other Jurisdiction including, but not limited to:
i. The denial, suspension, or revocation, or
other action with regard to of a professional or occupational license,
registration, or certification or the surrender of a license;
ii. Administrative actions with regard to
unfair labor practices, employment discrimination, or other prohibited labor
practices; and
iii. Administrative
actions with regard to financial fraud, securities regulation, or consumer
protection.
e. A
description and relevant dates of actions against a license to prescribe or
distribute controlled substances or legend drugs held by any Person or Entity
Having Direct or Indirect Control that is part of the applicant's application,
if any; and
f. Any other
information required by the Commission.
(c)
Management and Operations
Profile. Each applicant shall submit, with respect to each
application, a response in a form and manner specified by the Commission, which
includes:
1. Detailed information regarding
its business registration with the Commonwealth, including the legal name, a
copy of the articles of organization and bylaws as well as the identification
of any doing-business-as names;
2.
A certificate of good standing, issued within the previous 90 days from
submission of an application, from the Corporations Division of the Secretary
of the Commonwealth;
3. A
certificate of good standing or certificate of tax compliance issued within the
previous 90 days from submission of an application, from the DOR;
4. A certificate of good standing, issued
within the previous 90 days from submission of an application, from the DUA, if
applicable. If not applicable, a written statement to this effect is
required;
5. A proposed timeline
for achieving operation of the MTC and evidence that the MTC will be ready to
operate within the proposed timeline after notification by the Commission that
the applicant qualifies for licensure;
i.
Fraudulent billing practices;
ii.
Past or pending legal or disciplinary actions in any other state against any
officer, Executive, director, or board member of the applicant or its members,
or against any other entity owned or controlled in whole or in part by them,
related to the cultivation, Processing, distribution, or sale of Marijuana for
medical purposes;
iii. Past or
pending denial, suspension, or revocation of a license or registration, or the
denial of a renewal of a license or registration, for any type of business or
profession, by the Commonwealth or Other Jurisdictions, including denial,
suspension, revocation, or refusal to renew certification for Medicaid or
Medicare;
iv. Past discipline by,
or a pending disciplinary action or unresolved complaint by the Commonwealth,
or a like action or complaint by Other Jurisdictions, with regard to any
professional license or registration of an Executive of the applicant, as well
as by any member of the entity, if any; or
6. A description of the MTC's plan to obtain
a liability insurance policy or otherwise meet the requirements of
935
CMR 501.105(10);
7. A detailed summary of the business plan
for the MTC;
8. A detailed summary
of operating policies and procedures for the MTC, which shall include, but not
be limited to, provisions for:
b. Prevention of
Diversion;
d. Transportation of
Marijuana;
f. Procedures for
quality control and testing of product for potential contaminants;
h. Dispensing procedures;
i. Recordkeeping procedures;
j. Maintenance of financial records;
and
k. Diversity plans to promote
equity among people of color, particularly Black, African American, Latinx, and
Indigenous people, women, Veterans, persons with disabilities, and LGBTQ+
people, in the operation of the MTC. The plan shall outline the goals,
programs, and measurements the MTC will pursue once licensed.
9. A detailed description of
qualifications and intended training(s) for MTC agents who will be
employees;
10. The Management and
Operation Profile submitted in accordance with 935 CMR 501.101(1)(c) shall
demonstrate compliance with the operational requirements set forth in
935
CMR 501.105 through
501.160,
as applicable;
11. Disclosure of
the proposed hours of operation, and the names and contact information for
individuals that will be the emergency contacts for the MTC;
12. The identification of whether the MTC
will perform home deliveries to Patients and Caregivers. If so, a detailed
summary of the policies and procedures to ensure the safe delivery of Finished
Marijuana Products to Patients and Caregivers, including procedures for how
Individual Orders will be filled and procedures for reconciling Individual
Orders at the close of the business day, shall be provided;
13. A detailed operation plan for the
cultivation of Marijuana, including a detailed summary of policies and
procedures for cultivation, consistent with state and local law including, but
not limited to, the Commission's guidance in effect November 1, 2019;
14. A list of all products that MTC plans to
produce, including the following information:
a. A description of the types and forms of
Marijuana Products that the MTC intends to produce;
b. The methods of production;
c. A safety plan for the manufacture and
production of Marijuana Products; and
d. A sample of any unique identifying mark
that will appear on any product produced by the applicant as a branding
device.
15. A detailed
summary of the proposed program to provide reduced cost or free Marijuana to
Patients with documented financial hardship; and
16. Any other information required by the
Commission.