Current through Register No. 13, March 27, 2025
(a) Only an ATC that is currently registered
by the department and has been issued a registration certificate may cultivate
and dispense cannabis or CIP to qualifying patients and designated caregivers
who have been issued a registry identification card from the department.
However, an entity that has been issued a conditional registration certificate
in accordance with (i) below may perform all operations described in He-C 402
appropriate for that location, in anticipation that the entity will become
fully operational.
(b) Each ATC
selected as part of the RFA process shall provide to the department the fee of
$20,000 in accordance with
He-C 402.04(g) (2)
within 10 days of the department's notice
that the entity has been selected. Failure to provide the fee within the
required timeframe shall result in forfeiture of the selection and shall
prevent the entity from submitting an application in (c) below.
(c) Each ATC selected as part of the RFA
process shall submit the following to the department within 90 days of the
department's notice that the entity has been selected:
(1) A completed application:
a. Signed by the applicant or 2 of the
corporate officers affirming the following:
"I affirm that I have read and understand the requirements
of RSA 126-X and the rules adopted thereunder and that the premises are in
compliance with that statute and rule. I understand that providing false or
misleading information shall be grounds for denial, suspension, or revocation
of the registration and the imposition of a fine."; and
b. Containing the following information:
2. The physical address of the ATC and, if
applicable, the physical address of a second location for cultivation and
processing operated by the ATC;
3.
The mailing address of the ATC if different from the physical
address;
4. The telephone number of
the ATC;
5. The name of the ATC's
administrator; and
6. The email
address for the ATC's administrator, and for the ATC if different;
(2) A "Certificate of
Good Standing" issued by the NH secretary of state authorizing the ATC to do
business as a not-for-profit corporation in the state of New
Hampshire;
(3) Proof of
registration with the NH attorney general's office as a charitable trust under
RSA
7:19 et seq for the benefit of qualifying
patients;
(4) A copy of the ATC's
articles of agreement;
(5) A copy
of the ATC's bylaws;
(6) A
statement detailing any instances in which a prospective board member,
corporate officer, or executive employee who previously ran a business or
managed or sat on the board of directors of a corporation was convicted, fined,
censured, or had a registration, certification, or license suspended or revoked
in any administrative or judicial proceeding, or any instances in which the
business or corporation itself was subject to such an action, if this
information was not included in the RFA application;
(7) A floor plan of the prospective ATC, to
include a complete description and layout of the indoor, enclosed, locked
facility, in which all limited access areas are clearly indicated in the
diagram of the registered premises, reflecting walls, partitions, counters, and
all areas of entry and exit. Said diagram shall also show all propagation,
vegetation, flowering, processing, production, storage, disposal, and retail
sales areas;
(8) An organization
chart indicating ATC board members, executive employees, and corporate
officers. The chart shall contain, or be accompanied by a list of, the names of
the individuals occupying these positions;
(9) Resumes for the ATC board members,
executive employees, and corporate officers;
(10) The name, address, and date of birth of
each executive employee, corporate officer, and member of the board of
directors of the ATC, if the resumes in (9) above do not contain this
information;
(11) Written local
approvals as follows:
a. For an existing
building, the following written local approvals shall be obtained no more than
90 days prior to submission of the application, from the following local
officials or if there is no such official(s), from the board of selectmen or
mayor:
1. The health officer verifying that
the applicant complies with all applicable local health requirements, drinking
water and wastewater requirements;
2. The building official verifying that the
applicant complies with all applicable state building codes and local building
ordinances;
3. The zoning official
verifying that the applicant complies with all applicable local zoning
ordinances; and
4. The fire chief
verifying that the applicant complies with Saf-C 6000, the state fire code,
including, but not limited to, the applicable chapter of National Fire
Protection Association (NFPA) 101, as adopted by the commissioner of the
department of safety under RSA 153, and as amended pursuant to
RSA 153:5,
I, by the state fire marshal with the board
of fire control, and local fire ordinances applicable for an agricultural
processing and retail sales facility; or
b. For a building under construction or
undergoing renovation:
1. The local approvals
of the construction or renovation plans; and
2. The final local approvals required by a.
above shall be submitted upon completion of the construction or renovation
project;
(12)
The results of a federal and NH state criminal records check conducted by the
NH department of safety for every corporate officer, board member, and
executive employee pursuant to RSA 126-:8, IV(a) X, and RSA 126-:4,
II-aX;
(13) If the ATC uses a
private water supply, documentation that the water supply has been tested in
accordance with and meets the requirements of RSA 485 and Env-Dw 700, or if a
public water supply is used, a copy of a water bill;
(14) The distance, in feet, from any
pre-existing designated drug-free school zone located within 1320 feet of the
registered premises;
(15) A list of
all persons or entities not included in the RFA and having direct or indirect
authority over the management or policies of the ATC, including the members of
the not-for-profit corporation, and a list of all persons or entities
contributing $5000 or more of the initial capital to operate an ATC, including
capital that is in the form of land or buildings. Identify any conditions on
such funds or property; and
(16)
Documentation of liability insurance coverage in the amount of 2 million
dollars.
(d) The
applicant shall mail or hand-deliver the documents in (c) above to:
Department of Health and Human Services
Health Facilities Administration
Therapeutic Cannabis Program
129 Pleasant Street
Concord, NH 03301
(e) An application for an initial
registration shall be complete when the department determines that all items
required by (c) above have been received.
(f) If an application does not contain all of
the items required by (c) above, the department shall notify the applicant in
writing of the items required before the application can be
processed.
(g) The department shall
deny a registration certificate request in accordance with RSA 126-:8,VX, after
reviewing the information in (c) (12) above if it determines that a corporate
officer, a board member, or executive employee has been convicted of a felony
in this or any other state.
(h)
Following an inspection, a notice of registration approval shall be issued if
the department determines that an applicant requesting an initial registration
is in full compliance with RSA 126-X and He-C 402, including payment of all
applicable fees.
(i)
Notwithstanding (h) above, if an entity intends to have a cultivation location
separate from its dispensing location, and if it completes construction of
either location before it completes construction of the other location, the
department shall issue a conditional registration certificate authorizing the
entity to perform all operations described in He-C 402 applicable to that
location, provided that:
(1) The entity has
submitted an application for a registration certificate;
(2) The entity has paid all non-refundable
fees required under
He-C 402.04;
(3) The entity has received local approvals
for the location required under He-C 402.05(c) (11); and
(4) The location has been inspected by the
department and found to be in full compliance with RSA 126-X and these
rules.
(j) If a
conditional registration certificate is issued under (i) above, the entity
shall not open its other location and until such time as the department has
inspected the other location, found it to be in full compliance with RSA 126-X
and these rules, and informed the entity in writing that it may open its other
location.
(k) In the event that a
conditional registration certificate is issued under (i) above and the entity
does not subsequently open its dispensing location pursuant to RSA 126-:7,
VIIIX, any cannabis cultivated or CIP produced shall either be transferred or
sold to another NH ATC or, if such sale or transfer is not possible, shall be
considered waste and shall be destroyed and discarded as waste in accordance
with
He-C
402.22 under the supervision of the
department.
