Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.101 - Application Requirements

Current through Register 1525, July 5, 2024
(1)
New Applicants
. An MTC applicant shall file, in a form
			 and manner specified by the Commission, an application for licensure as an MTC.
			 The application requirements outlined in 935 CMR 501.101(1) will apply to all
			 MTC applications submitted on or after November 1, 2019. The application shall
			 consist of three sections: Application of Intent; Background Check; and
			 Management and Operations Profile, except as otherwise provided. The applicant
			 may complete any section of the application in any order. Once all sections of
			 the application have been completed, the application may be submitted.
			 Application materials, including attachments, may be subject to release
			 pursuant to M.G.L. c. 66, § 10 and M.G.L. c. 4, § 7, cl. 26.
(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;
d. Electronic mail;
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(a½)(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.