Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.102 - Action on Applications
Universal Citation: 935 MA Code of Regs 935.501
Current through Register 1531, September 27, 2024
(1) Action on Each Application. The Commission shall grant Licenses with the goal of ensuring that the needs of the Commonwealth are met regarding access, quality, and community safety.
(a) License applications shall be evaluated
based on the applicant's:
1. Demonstrated
compliance with the laws and regulations of the Commonwealth;
2. Suitability for licensure based on the
provisions of
935
CMR 501.101(1),
501.800 and
501.801; and
3. Evaluation of the thoroughness of the
applicant's responses to the required criteria. The Commission shall consider
each License application submitted by an applicant on a rolling
basis.
(b) The Commission
shall notify each applicant in writing that:
1. The application has been deemed complete.
Once deemed complete, the Commission reserves the right to approve or deny the
License application.
2. The
application has been deemed incomplete, and include the grounds for which it
has been deemed incomplete; or
3.
The Commission requires further information within a specified period of time
before the packet is determined to be complete.
(c) Failure of the applicant to adequately
address all required items in its application in the time required under
935
CMR 501.102 by the Commission will result in
evaluation of the application as submitted. Nothing in
935
CMR 501.101 is intended to confer a property
or other right or interest entitling an applicant to a meeting before an
application may be denied.
(d) On
determination that the application is complete, a copy of the completed
application, to the extent permitted by law, will be forwarded to the
municipality in which the MTC will be located. The Commission shall request
that the municipality respond within 60 days of the date of the correspondence
that the applicant's proposed MTC complies with municipal bylaws or
ordinances.
(e) The applicant shall
keep current all information required by
935 CMR
501.000 or otherwise required by the Commission. The
applicant shall report any changes in or additions to the content of the
information contained in the application to the Commission within five business
days after such change or addition. If a material change occurs to an
application deemed complete, the Commission may deem the application incomplete
pending further review. If an application initially deemed complete, and later
deemed incomplete, a notice will be provided to the applicant. An incomplete
application must be fully evaluated pursuant to
935
CMR 501.102 (1)(a) prior to being deemed
complete again and submitted to the Commission pursuant to M.G.L. c. 94G,
§ 5(a).
(2) Action on Completed Application.
(a) The Commission shall review applications
from applicants in the order they were submitted as determined by the
Commission's electronic licensing system.
(b) The Commission shall grant or deny a
provisional License not later than 90 days following notification to the
applicant that all required packets are considered complete. Applicants shall
be notified in writing that:
1. the applicant
shall receive a provisional License which may be subject to further conditions
as determined by the Commission; or
2. the applicant has been denied a License.
Denial shall include a statement of the reasons for the denial.
(c) Failure of the applicant to
complete the application process within the time specified by the Commission in
the application instructions shall be grounds for denial of a
License.
(3) Action on Application Submissions under 935 CMR 501.101(2).
(a) The Commission shall not consider an
application that is submitted after the due date specified.
1. An applicant that has submitted an
Application of Intent shall be invited to the Management and Operations Profile
phase within six months of November 1, 2019. Failure to do so will result in
the expiration of the application.
2. An applicant that has been invited to the
Management and Operations Profile shall submit the Management and Operations
Profile within 45 days of the invite. Failure to do so will result in the
expiration of the application.
3.
An applicant that has been invited to the Management and Operations Profile
shall be invited to submit a Siting Profile within 12 months of the invite to
the Management and Operations Profile. Failure to do so will result in the
expiration of the application.
4.
An applicant that has been invited to the Siting Profile shall obtain a
provisional License within 12 months of the invite to the Siting Profile.
Failure to do so will result in the expiration of the application.
(b) Once the Application of Intent
and Management and Operations Profile have been submitted, respectively, and
deemed complete, the applicant will be invited by notice to the next stage of
the application.
(c) Once the
Siting Profile has been deemed complete, the applicant will receive notice.
Notice and a copy of the completed application, to the extent permitted by law,
will be forwarded to the municipality (or municipalities) in which the MTC will
be located. The Commission shall request that the municipalities respond within
60 days of the date of the correspondence that the applicant's proposed MTC is
in compliance with municipal bylaws or ordinances.
(d) Failure of the applicant to adequately
address all required items in its application will result in evaluation of the
application as submitted. The applicant will not be permitted to provide
supplemental materials, unless specifically requested by the
Commission.
(e) The Commission
shall grant or deny a provisional License once the application, and all its
sections, have been deemed complete and all third-party documentation has been
reviewed. Applicants shall be notified in writing that:
1. The applicant shall receive a provisional
License which may be subject to further conditions as determined by the
Commission; or
2. The applicant has
been denied a License. Denial shall include a statement of the reasons for the
denial.
(f)
935
CMR 501.103 shall apply to all applicants
that are granted a provisional License under
935
CMR 501.101.
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