New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.7 - Consideration of Registered Organization Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registered organization applicants for
				  approval to operate as registered organizations shall submit an application to
				  the Office, containing the information required in section
				  113.6 of this Part, in a manner and
				  format determined by the Board.
(b)
				  Applications, as well as renewal applications, shall be accompanied by a
				  non-refundable application fee in the amount of $10,000 unless the Board
				  determines otherwise due to the nature and scope, or size of the activities for
				  which the registered organization is applying.
(c) The registration fee for the registration
				  period, as well as any renewal registration period, shall be $200,000, unless
				  the Board determines otherwise due to the nature and scope, or size of the
				  activities for which the registered organization is applying.
(d) Registered organization applicants
				  granted a registration shall immediately submit the registration fee by
				  certified check, or another method approved by the Board.
(e) In deciding whether to grant an
				  application for registration or amendment to a registration, the Board shall
				  consider whether:
(1) the registered
				  organization applicant will be able to manufacture medical cannabis products,
				  each with a consistent phytocannabinoid profile (the concentration of total
				  tetrahydrocannabinol (THC) and total cannabidiol (CBD) will define the product)
				  and each able to pass the required quality control testing;
(2) the registered organization applicant
				  will produce sufficient quantities of medical cannabis products as necessary to
				  meet the needs of certified patients;
(3) the registered organization applicant
				  will be able to maintain effective control against diversion of cannabis,
				  medical cannabis, and medical cannabis products;
(4) the registered organization applicant is
				  able to comply with all applicable state and local laws and
				  regulations;
(5) the registered
				  organization applicant is ready, willing and able to properly carry on the
				  activities set forth in this Part;
(6) the registered organization applicant
				  possesses or has the right to use sufficient real property, buildings and
				  equipment to properly carry on the activity described in its operating
				  plan;
(7) it is in the public
				  interest that such registration be granted including:
(i) whether the number of registered
				  organizations in an area will be adequate to reasonably serve the area,
				  including whether there is sufficient geographic distribution across the
				  state;
(ii) whether the registered
				  organization applicant is a minority owned business, woman owned business
				  enterprise (or both), a service-disabled veteran-owned business, or from
				  communities disproportionately impacted as those terms are defined in section 87  of the Cannabis Law and as determined by the Board;
(iii) whether the registered organization
				  provides education and outreach to practitioners;
(iv) whether the registered organization
				  promotes the research and development of medical cannabis and patient
				  outreach;
(v) the affordability of
				  medical cannabis products offered by the registered organization;
(vi) whether the registered organization is
				  culturally, linguistically, and medically competent to provide services to
				  unserved and underserved areas;
(vii) whether the registered organization is
				  reflective of the demographics of the state, and representative of communities
				  disproportionately impacted by cannabis prohibition;
(viii) whether the registered organization
				  promotes racial, ethnic and gender diversity in their workforce; and
(ix) whether the registered organization
				  minimizes or eliminates adverse environmental impacts, including but not
				  limited to water energy and water usage, carbon emissions, waste, pollutants,
				  and single-use plastics, and complies with the energy and environmental
				  regulations set forth in section
				  113.26 of this Part;
(8) the board members, officers,
				  managers, owners, partners, principal stakeholders, directors, and members of
				  the applicant's organization are of good moral character and competent to
				  perform the duties of a registrant, including but not limited to consideration
				  of any enforcement action or investigation against any of these individuals or
				  related entities in another jurisdiction;
(9) the registered organization applicant has
				  entered into a labor peace agreement with a bona-fide labor organization, as
				  defined in Article 1 of the Cannabis Law, that is actively engaged in
				  representing or attempting to represent the registered organization applicant's
				  employees;
(10) upon evaluation,
				  the registered organization applicant's proposed business plan and proposed
				  manufacturing and dispensing sites, including but not limited to the location
				  and construction timeline for the proposed facilities are found to be suitable
				  to meet the needs of the program; and
(11) the registered organization applicant
				  and its board members, officers, managers, owners, partners, principal
				  stakeholders, directors, and members of the applicant's organization have any
				  history of administrative violations or disciplinary actions taken against them
				  by any regulatory or licensing authority in any jurisdiction during the past
				  five (5) years.