18-691-2 Me. Code R. § 7

Current through 2024-21, May 22, 2024
Section 691-2-7 - REGISTERED DISPENSARIES
A.Dispensary registration certificate required. No person shall operate a dispensary for marijuana for medical use without a Department-issued dispensary registration certificate. The application and renewal requirements for a dispensary registration certificate are set forth in this rule and the statute.
1.Nontransferable. The dispensary registration certificate issued by the Department to a dispensary is nontransferable.
2.Compliance. The cultivation facility and retail site of a dispensary, including, but not limited to, registered dispensaries that see patients only by appointment, must comply with all requirements and prohibitions in this rule and the statute. Failure to comply may result in enforcement action including, but not limited to, termination of the dispensary registration certificate.
B.Food establishment license required. A registered dispensary must obtain a food establishment license from the DACF, pursuant to 22 M.R.S. §2167, prior to preparing goods containing marijuana, including tinctures of marijuana, intended for ingestion. A dispensary that is issued a food establishment license must comply with applicable provisions within 10-144 C.M.R., Chapter 200 and DACF rules.
C.Designation form required. The registered dispensary must have a Department-approved designation form signed and dated by each qualifying patient or patient's legal representative assisted by the dispensary, including a visiting qualifying patient, and the patient's designation card.
1.Disclosure; privacy protection. The dispensary must ensure a level of privacy protection for patients. Unless stated otherwise in statute or rule, principal officers, board members and employees of dispensaries may not disclose patient information, including designation cards without signed patient consent.
D.Patient rescinds designation. A qualifying patient may rescind his or her designation of a registered dispensary by signing and dating the rescission section of the form and providing the rescinded designation form to the registered dispensary. Within ten days of receipt of notice, the dispensary must return the designation card to the patient and, unless the former patient is replaced with a new patient, notify the Department of the change.
E.Registered dispensary may accept, refuse or discontinue designation. A registered dispensary may accept, refuse or discontinue the designated relationship with a qualifying patient. The Department-approved designation form signed by the qualifying patient must also be signed and dated by the registered dispensary clearly indicating acceptance, refusal or discontinuation of the designated relationship.
1.Dispensary discontinues designated relationship. A registered dispensary discontinues the designated relationship with a qualifying patient in accordance with the following:
a. Signs and dates the qualifying patient's original designation form indicating that the dispensary discontinues the designation relationship.
b. Returns the designation card to the qualifying patient the same day the dispensary signs and dates the form.
c. The conduct protected by this rule and the statute expires ten days after the qualifying patient's designation is discontinued.
F.Authorized conduct; registered dispensary. The authorized conduct of a registered dispensary is governed by this rule and the statute. A registered dispensary may be designated by a qualifying patient to provide the following:
1.Assist and cultivate. Assist any qualifying patient who designated the registered dispensary to cultivate marijuana for the medical use and assist the patient with the administration of marijuana.
2.Dispense. Dispense prepared marijuana to a qualifying patient or to a primary caregiver on behalf of a qualifying patient in accordance with statute.
3.Dispose. Dispose of excess marijuana in accordance with this rule and the statute.
4.Acquire. Acquire marijuana in accordance with this rule and the statute.
a. When acquiring excess marijuana from an authorized source, the dispensary must verify the person's authority to possess and furnish the medical marijuana.
b. Acquisition of marijuana or marijuana product from a registered primary caregiver or other dispensary requires prior approval by the Department. The dispensary must submit the Department-approved form to request approval from the Department, prior to acquiring excess marijuana from a registered primary caregiver or dispensary.
5.Other. Other services authorized by this rule and the statute.
G.Dispensary prohibitions. The following prohibitions apply to registered dispensaries:
1. A registered dispensary may not possess more than six mature marijuana plants for each qualifying patient who has designated the registered dispensary to cultivate marijuana for the qualifying patient's medical use.
2. A registered dispensary may not dispense, deliver or otherwise transfer marijuana to a person other than a qualifying patient who has designated the dispensary to cultivate marijuana for the qualifying patient or to the patient's primary caregiver
3. Except as provided by the statute and this rule, a registered dispensary may not acquire prepared marijuana or marijuana plants except through the cultivation of marijuana by that dispensary either at the location of the retail dispensary or at the dispensary's grow location, if different.
4. A registered dispensary may not contract for the cultivation of seeds, seedlings or small plants or the cultivation, production or preparation of marijuana or goods containing marijuana for medical use. The cultivation and production of marijuana for medical use is restricted to the dispensary's approved location(s).
5. A registered dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to assist qualifying patients who have designated the dispensary to cultivate marijuana for them.
6. No more than 30 mature plants may be cultivated by a registered dispensary in an enclosed outdoor area.
H.Dispensary registry identification cards required. The dispensary must obtain registry identification cards for its principal officers, board members, and employees in accordance with this rule and the statute. A dispensary may not apply for a registry identification card for a principal officer, board member or employee who is not a Maine resident or who has been convicted of a disqualifying drug offense. A dispensary may not employ a person under the age of 21.
1.Application criteria. An applicant must submit a completed application for a registry identification card which includes, but is not limited to, the following information:
a. Residency information required for a criminal history record check;
b. Social Security Number or sales tax ID number for tax reporting purposes; and
c. Cultivation location, if applicable.
2. The Department may deny an application for a registry identification card if the applicant failed to provide required information or provided false information.
I.Inspections. Registered dispensaries, including all retail and cultivation locations, are subject to inspection at least annually by the Department in accordance with this rule and the statute.
1. Submission of an application for a dispensary registration certificate constitutes permission for entry and inspection of the dispensary location(s).
2. Failure to cooperate with required inspections may be grounds to revoke the dispensary's registration certificate.
3. During an inspection, the Department may identify violations of this rule, the statute and the dispensary's policies and procedures. The dispensary shall receive written notice of the nature of the violations. The dispensary shall notify the Department in writing with a postmark date within ten business days of the date of the notice of violations and identify the corrective actions taken and the date of the correction.
J.Quality control. To ensure the safety of qualifying patients, the registered dispensary shall provide samples to the Department upon request during announced and unannounced inspections for product quality control.
K.Sample collection and labeling. During an inspection of the registered dispensary, the Department shall:
1. Collect soil and plant samples, and samples of products containing marijuana prepared at the dispensary;
2. Place the dispensary's registration number on each sample container;
3. Label the sample containers with the description and quantity of its content;
4. Seal sample containers; and
5. Have dispensary and Department staff initial each sample container.
L.Chain of custody of samples. Chain of custody documentation shall be maintained by the Department.
1. The Department shall provide a receipt for the collected samples to the dispensary's representative.
2. The Department shall maintain an accounting of all collected sample containers for control purposes.
M.Sample testing. The Department shall test samples for pests, mold, mildew, heavy metals and the presence of pesticides. Additional testing may be conducted. Written results shall be reported to the dispensaries.
N.Dispensary security: protection of premises and persons. Registered dispensaries must implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana at the registered dispensary and the grow location for the cultivation of marijuana, if any. Security measures to protect the premises, the public, qualifying patients, primary caregivers and principal officers, board members and employees of the registered dispensary must include, but are not limited to, the following:
1. On-site parking.
2. Exterior lighting sufficient to deter nuisance activity and facilitate surveillance, but not disturb neighbors.
3. Devices or a series of devices, including, but not limited to, a signal system interconnected with a radio frequency method such as cellular, private radio signals, or other mechanical or electronic device to detect an unauthorized intrusion.
4. Interior electronic monitoring, video cameras, and panic buttons. Electronic monitoring and video camera recording records must be maintained by the dispensary for at least 14 days.
5. Consistent and systematic prevention of loitering.
O.Dispensary policies, procedures and records. The operating documents of a registered dispensary must include procedures for the oversight of the registered dispensary and procedures to ensure accurate record keeping. Dispensaries must develop, implement and comply with dispensary policies and procedures. When changes are made to its policies or procedures, the dispensary must notify the Department in writing at least ten days before implementation of the change, except when immediate implementation is required, in which case, the dispensary must simultaneously notify the Department when it implements the changed policy or procedure. The written simultaneous notice must include an explanation of why it was necessary to implement the change before giving the Department at least ten days' notice. The dispensary policies, procedures and records must be available for inspection by the Department, upon request. Dispensary records subject to inspection include, but are not limited to:
1.Residency requirement policy. All employees, principal officers and board members of a registered dispensary must be residents of the State of Maine.
a. Documentation of current State of Maine residency shall be maintained in the personnel files of employees, principal officers and board members and shall include, but not be limited to, a copy of a Maine driver's license or other Maine-issued photo identification and physical home address (not mailing address) in Maine.
b. To maintain Maine residency status, each employee, principal officer and board member of the dispensary must have a physical street home address in Maine and, in the aggregate, spend more than 183 days of the year in Maine.
2.Board members; avoid conflict of interest policy. Board members shall carry out their board duties with the proper use of their authority, and in a professional and ethical manner. Board members shall avoid conflicts of interest, including direct and indirect gains which could accrue to the member as a result of actions or decisions made in the capacity of board authority. Examples of potential conflict of interest include:
a. A board member makes a decision motivated by considerations other than the best interests of the registered dispensary.
b. A board member or family member personally enters into a contract with the registered dispensary.
c. A board member learns of and acts on an opportunity for profit which may be valuable to him or her personally or to another organization of which he or she is a member.
d. A board member assists a third party in his or her dealings with the registered dispensary where such assistance could result in favorable or preferential treatment being granted the third party by the registered dispensary.
e. A board member receives gifts or loans from the registered dispensary.
3.Job description and employment contract policies. The policy regarding job descriptions and employment contracts shall include duties, authority, responsibilities, qualifications, supervision, training in, and adherence to, confidentiality requirements, periodic performance evaluations and disciplinary actions.
4.Patient education. Dispensary policies must include a provision that requires dispensaries to provide educational materials about marijuana to qualifying patients and their primary caregivers. Each dispensary must have, available for distribution, an adequate supply of up-to-date education material that assists the patient or primary caregiver in the selection of prepared marijuana appropriate for the patient. Educational materials must be available for inspection by the Department upon request. The educational material must include, at a minimum, the following:
a. Information about the typical and potential effects of different strains of marijuana preparations, and methods of administration. Dispensaries shall provide "tracking sheets" to qualifying patients and primary caregivers who request them to keep track of the strains used and their effects.
b. Information on how to achieve proper dosage for different modes of administration must be shared. Emphasis shall be on using the smallest amount possible to achieve the desired effect. The impact of potency must also be explained.
c. Information on tolerance, dependence and withdrawal must be provided.
d. Information regarding substance abuse signs and symptoms must be available, as well as referral information.
e. Information on whether the dispensary's marijuana and associated products meet organic certification standards must be provided.
5.Alcohol and drug-free workplace policy. The registered dispensary is subject to provisions of 26 M.R.S., Chapter 7, Subsection 3- A, this rule and the statute. A registered dispensary must have and adhere to a written alcohol and drug-free workplace policy. The policy must be available to the Department upon request. The policy must include at least the following provisions:
a.Applicants: substance abuse testing. Applicants who have been offered employment by the registered dispensary must submit to a substance abuse test. The offer of employment must be conditioned on the applicant receiving a negative test result. Substance abuse testing must comply with 26 M.R.S, Chapter 7, Subchapter 3-A. This does not apply if an applicant, who is also a qualifying patient, fails the drug test solely because of the presence of marijuana in a confirmed positive test result.
b.Employees: substance abuse testing. The registered dispensary must have a policy providing for probable cause substance abuse testing consistent with 26 M.R.S, Chapter 7, Subchapter 3-A. Substances or groups of substances shall include amphetamine/methamphetamine, barbiturates, cannabinoids, benzodiazepines, cocaine and/or metabolites, phencyclidine, opiates, methaqualone, methadone and alcohol.
c.Testing for specific substances of abuse. The registered dispensary shall request a report from the qualified testing laboratory disclosing the presence or absence of, minimally, the following specific substances of abuse:
i. Marijuana, except that the dispensary policy may specify that the reporting of the presence of marijuana for an employee who possesses a valid written certification is not required and the employee's status as a qualifying patient is confidential.
ii. Cocaine.
iii. Opiates - opium and codeine derivatives.
iv. Amphetamines - amphetamines and methamphetamines.
v. Phencyclidine - PCP.
d.Notify Department: failed drug test. The registered dispensary must notify the Department within one business day of receipt of a confirmed positive result to a lawfully administered substance abuse test of its employees.
e.Repeat failure of drug test. The Department shall refuse to issue or renew a registry identification card to a person who within the 12 months prior to the date of application has had a confirmed positive result to a lawfully administered substance abuse test that occurred within 12 months of another confirmed positive result. This does not apply if that individual failed the drug test solely because of the presence of marijuana in the confirmed positive test result and that person is a qualifying patient.
f.Employee assistance program. To provide opportunities to assist an employee with a substance abuse problem, the registered dispensary must have a contract with an approved Maine employee assistance program (EAP).
6.Personnel Files. The registered dispensary must maintain a confidential personnel file on each principal officer, board member and employee. The personnel files shall include at least the following information:
a. Documentation of State of Maine residency for each employee, principal officer and board member.
b. Copy of current dispensary registry identification card and copy of a Maine driver's license of other Maine- issued photographic identification card.
c. Employment application and required documentation.
d. Documented verification of references.
e. Documentation of background checks.
f. Job description or employment contract.
g. Documentation of training, including training regarding confidentiality requirements.
h. Documentation of periodic performance evaluations.
i. Documentation of disciplinary actions.
j. Documented results of drug tests.
7.Business records. Registered dispensaries must maintain business records including manual or computerized records of assets and liabilities, tax returns, contracts, board meeting minutes reflecting actions of the board, monetary transactions, various journals, ledgers, and supporting documents, including agreements, checks, invoices and vouchers which the dispensary keeps as its books of accounts. All business records must be available upon request by the Department and maintained and retained for six years.
a.Transaction record. Business records include the sales record that indicates the name of the qualifying patient or primary caregiver to whom marijuana has been distributed, sold or donated, including the quantity and form. The sales record must indicate the sale price of the product.
b.Record of acquisition. The dispensary records must include the marijuana and marijuana products acquired by the dispensary as set out in statute and rule.
c.Record of samples. The dispensary must maintain record of samples provided for quality control, testing or research and development purposes.
d.Record of disposal of marijuana. The registered dispensary must create and maintain records of the disposal of marijuana including marijuana not distributed by the dispensary.
8.Record of current patients. The registered dispensary must keep on file and available for Department inspection, upon request, a copy of each current patient's registry identification card or, for non-registered qualifying patients, a copy of the medical provider written certification and the Department-approved dispensary designation form, and the following:
a. A Maine driver's license or
b. Other Maine-issued photographic identification, and
c. Verification of the patient's designated primary caregiver, if applicable, and other documents required to ensure compliance with this rule and the statute.
P.Inventory. A registered dispensary is authorized to have the amount designated to the registered dispensary by the qualifying patient, that is, up to six mature marijuana plants and an incidental amount of marijuana per qualifying patient. The dispensary's usual inventory supply must be based on the dispensary's own cultivation and production, and the needs of qualifying patients who have designated the dispensary to cultivate. The Department will not consider the absence of marijuana strains or products containing marijuana as an inventory interruption if the marijuana or marijuana product has not been produced by the dispensary as usual inventory. The dispensary must disclose to the qualifying patient if the patient is provided marijuana that was not cultivated or produced by the dispensary.
1.Start-up Inventory. During the first 60 days after initial authorization, in order to build initial inventory, a newly-registered dispensary without any qualifying patients, may have 24 mature marijuana plants, and the amount of incidental marijuana and nonflowering plants that is permitted for a maximum of five patients.
2.Inventory reduction. When there is a decrease in the number of patients who have designated the dispensary to cultivate marijuana, the dispensary shall have ten business days to adjust the inventory to meet the requirements of this rule and the statute.
3.Daily inventory. Prepared marijuana must be kept under double lock and inventoried daily by two cardholders.
4.Dispensing inventory. Quantities of prepared marijuana must be weighed, logged in and signed out by two cardholders when dispensed.
Q.Trip tickets. Distribution of marijuana for medical use to a qualifying patient or a primary caregiver for use by a qualifying patient must be labeled with a trip ticket to identify the dispensary, the MMMP patient number if the patient is registered or a unique identifier assigned by the dispensary to non-registered qualifying patients, or the MMMP caregiver number if the caregiver is required to be registered or a unique identifier assigned by the dispensary if the primary caregiver is not required to be registered, the product, the amount and form, the time and date of origin, and destination of the product.
1. Persons authorized to transport marijuana on behalf of a patient shall take reasonable steps to deliver the product directly to the qualifying patient as a safety precaution and to alleviate concerns about drug diversion. The required trip ticket must identify the written certification number of the patient to whom the marijuana is being furnished; the source providing the marijuana; the registry identification number of the primary caregiver, if applicable; the amount of marijuana and form; the time, location and date of departure; and destination of the product.
2. A dispensary with a cultivation site that is not located with the retail dispensary must label the marijuana that is being moved between the cultivation site and the retail dispensary with a trip ticket that identifies the name and address of the dispensary, the address of the cultivation site, the time, date, origin and destination of the material being transported, and the amount and form of marijuana and marijuana material that is being transported.
R.Inventory supply records. The dispensary shall report the dispensary's inventory supply. The dispensary shall record the marijuana strains cultivated by the dispensary and the marijuana products produced and furnished by the dispensary. The registered dispensary shall identify the marijuana strains and the marijuana products that are acquired and did not originate from the dispensary's own cultivation and production. Inventory supply records must be available upon request by the Department.
S.Patient designation reporting. The registered dispensary must submit a monthly report of the total number of patients who have designated the dispensary. This report is due to the Department before the tenth day of the each month. The report must include the unique numeric patient identifier that appears on the patient's valid written certification, date of designation and, if applicable, date of rescission.
T.Incident reporting. A registered dispensary must submit a Department-approved incident report form on the next business day after it discovers a violation of the requirements set out in this rule and the statute regarding the operation of dispensaries. The report must indicate the nature of the breach and the corrective actions taken by the dispensary. For the purposes of this rule, an incident includes:
1. Confidential information accessed or disclosed in violation of this rule and the statute;
2. Loss of inventory by theft, diversion or any other means;
3. Intrusion of the retail dispensary or the cultivation site, if marijuana is not cultivated at the retail site; and
4. Any other violations of this rule or the statute governing operation of the dispensary.
U.Illegal activity reporting. Any suspected illegal activity involving dispensary operations must be reported within 24 hours of suspicion to law enforcement and the Department. The dispensary must submit a written report to the Department using the dispensary's incident report form.
V.Competitive selection process to add new dispensaries. The Department employs a competitive selection process when adding new dispensaries. A dispensary selected to be issued a registration certificate must comply with applicable the statute and this rule. During the first year of operation of dispensaries, the Department may not authorize more than one dispensary in any of the eight Public Health Districts of the Department.
1.Not-for-profit corporation. To be issued a dispensary registration certificate, a dispensary is required to incorporate pursuant to 13-B M.R.S. and to maintain the corporation in good standing with the Secretary of State. The dispensary must operate on a not-for-profit basis for the mutual benefit of qualifying patients who have designated the dispensary to cultivate marijuana.
a.By-laws. The bylaws of the dispensary and its contracts with qualifying patients must contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its not-for-profit status.
b.Not required to be tax-exempt. A dispensary is not required to be a tax-exempt organization under 26 United States Code, Section 501(c)(3).
2.Notice of open application. The Department shall publish a notice of open application for dispensary registration certificates that includes the application requirements. Notices will appear, at a minimum, in the Kennebec Journal and on the Maine Medical Use of Marijuana webpage. Applicants may apply for one or more Districts, but must specify which Districts. The notice will contain the deadline for receipt of applications and the process for obtaining application material.
3.Scoring applications. A panel shall be convened by the Department to evaluate and score each application. The maximum point value is based on the quality of the applicant's submission. The maximum points for each criterion are indicated in this rule. To be considered responsive, an application must have at least 70 points. The panel shall set forth through consensus comments the basis of the scoring decision for each criterion. A certificate of registration shall be issued in response to the application in a Public Health District with the highest score, as long as the application meets all criteria and the minimum score. In case of a tie, the panel reserves the right to seek supplemental information through written questions of the applicants and to raise or lower the applicants' scores based upon the supplemental information.
4.Application fee. Applicants must submit an application fee of $12,000 for each District included in the application for the application to be considered by the panel. Unsuccessful applicants are assessed a $1,000 fee. Application requirements are set forth in this rule.
5.Selection criteria. Each application shall address all criteria and measures, even when no point values are assigned. Failure to address all of the criteria and measures will result in the application being considered non-responsive and not accepted for review.
6.Criterion 1: Submission of Required Information Regarding Applicant and Facility (up to 25 points)
a. The applicant shall provide the legal name of the corporation, a copy of the articles of incorporation and by-laws of the corporation. [no points assigned]
b. The applicant shall provide the proposed physical location of the retail dispensary and if marijuana is not cultivated at the retail site, the one site where marijuana may be grown, if a precise address has been determined.
i. For each proposed physical address, provide legally binding evidence of site control sufficient to enable the applicant to use and possess the subject property.
ii. If the applicant indicated that a precise address has not been determined, the applicant has at least identified the general location(s) where the facilities will be sited, and when. [up to 5 points]
c. The applicant shall provide evidence of compliance with local codes and ordinances for each physical address which will be used for dispensing and growing cultivating marijuana under the MMMP, and that neither location is within 500 feet of a preexisting public or private school boundary. A school in this context is interpreted to mean an entity that satisfies Maine's compulsory education requirements. [no points assigned]
d. The applicant shall describe the enclosed, locked facilities that will be used in the growing, cultivation and sale of marijuana, the security measures and whether it is visible from the street or other public areas. [up to 5 points]
e. The applicant shall provide the name, address and date of birth of each principal officer and board member of the dispensary, along with a photocopy of their Maine driver's license or other Maine-issued photographic identification card. Temporary new driver's licenses are not acceptable. [no points assigned]
f. The applicant shall provide a list of all persons or business entities having direct or indirect authority over the management or policies of the dispensary, and a list of all persons or business entities having 5% or more ownership in the dispensary, whether or not the interest is in the land or buildings, including owners of any business entity which owns all or part of the land or building. [no points assigned]
g. The applicant shall provide the identity of any creditor holding a security interest in the premises, if any, and the terms of that agreement. The applicant shall identify any principal officer or board member of the dispensary who is a creditor and disclose the terms and conditions. [no points assigned]
h. The application shall include the required signed cover letter, and the completed application form supplied by the department. [no points assigned]
i. The applicant shall describe how the dispensary will operate on a long-term basis as a non-profit organization and a business plan that includes, at a minimum, the following: [up to 15 points]
i. A detailed description about the amount and source of the equity and debt commitment for the proposed dispensary that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs; and the financial capability to undertake the project.
ii. A copy of the proposed policy regarding marijuana that is furnished without anything of value provided in return.
iii. The application indicates whether the applicant will accept unused excess marijuana from qualifying patients or primary caregivers, the process for assuring that the marijuana is not adulterated (how it will be tested) and how it will be redistributed (cannot be sold) to patients.
iv. Projected income statements for the first three years after implementation (forms to be supplied by the Department).
v. The applicant provides evidence that salaries are in line with the non-profit sector.
vi. Control of the organization is exercised by a governing body.
vii. There are sufficient board members to fire an executive or to remove board members.
viii. Plans for distribution of net revenues annually.
7.Criterion 2: Overall Health Needs of Registered Patients and Safety of the Public [up to 75 points)
a. The applicant demonstrates their proposed location and services will be convenient for qualifying patients and caregivers. [up to 10 points]
b. The applicant demonstrates a steady supply of marijuana for medical use will be available to the projected number of registered patients. [up to 10 points]
i. There is a start-up timetable which provides an estimated time from registration of the dispensary to full operation, and the assumptions used for the basis of those estimates.
ii. The applicant demonstrates knowledge of organic growing methods to be used in their growing and cultivation of marijuana.
iii. The applicant demonstrates that steps will be taken to ensure the quality of the marijuana, including purity and consistency of dose.
iv. The applicant discloses the various strains of marijuana to be dispensed and for which conditions and the form(s) in which marijuana will be dispensed.
c. The applicant demonstrates the knowledge and ability to manage a non-profit organization or other business. [up to 10 points]
i. Personnel.
ii. Fiscal (payroll, bookkeeping case management).
d. The applicant demonstrates that its plan for record keeping, inventory, quality control and security and other policies and procedures will discourage unlawful activity. [up to 20 points]
e. The applicant fully describes a staffing plan that will provide accessible business hours, safe growing and cultivation, and maintenance of confidential information regarding the cultivation sites and the identity of patient information. [up to 20 points]
f. The application indicates consent to pay for State and federal background checks for all proposed and future registry card holders. [no points assigned]
g. The application reflects a strong patient education component which addresses the diversity of qualifying medical conditions. [up to 5 points]
8.Award decision. The award decision shall be made in writing to the successful applicants.
a.Department determination. Subject to the limitations on the number and location of dispensaries, within 30 calendar days of receipt of a completed application form with a score of at least 70 points and with all required documents and required fees, the department shall register a dispensary and issue a certificate of registration to the highest scored person or entity that complies with the certificate of registration requirements set out in these rules and has the highest number of points of the applicants for the District.
b.Award is void. Failure of the award recipient to secure a certificate of registration within 120 days of receipt of the Department's award decision may, at the discretion of the Department, render the award void. When an award is voided, the Department shall issue a written decision to void an award to operate a dispensary. The Department's written decision to void an award to operate a dispensary is considered final agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
c.Notice of denial. The Department shall send a written notice of denial to non-selected applicants. Written notice of denial of an application or non-selection is considered final agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
d.Record. The record for review is the applications and any attached supporting documents, any other documents relied upon by members of the scoring panel in its decision, consensus comments of the panel, notices of denial and acceptance, and any other written communications between the Department and the applicants related to the decision.
W.Application for dispensary registration certificate. When the application period is open, a Dispensary Registration Certificate Application form may be available by request to the Department. The applicant must submit a completed Department-approved application form with all required documentation and the required fees. The application for a dispensary registration certificate must include, at a minimum, the following:
1. The legal name of the dispensary and the DBA (doing business as) name of the dispensary;
2. The physical address of the retail dispensary and the physical address of the location where marijuana will be cultivated for qualifying patients who have designated the dispensary to cultivate marijuana for them;
3. The distance to the closest school from the dispensary;
4. A copy of the dispensary's articles of incorporation and bylaws, and evidence that the corporation is in good standing with the Secretary of State;
5. The name, address, proof of residency and date of birth of each principal officer and board member of the dispensary;
6. The name, address, proof of residency and date of birth of any person who is employed by the dispensary;
7. A copy of the dispensary's policies and procedures;
8. A copy of the dispensary's liability insurance policy;
9. A business plan demonstrating the on-going viability as a non-profit organization; and
10. Narrative describing how the applicant will meet all the selection criteria specified in this rule.
X.Renewal of dispensary registration certificate. The annual renewal of a dispensary registration certificate must comply with this rule and the statute.
1. A registered dispensary must submit a completed Department-approved application for the renewal of a current registration certificate with all required documentation and the required fees 60 days prior to the expiration date. The dispensary registration certificate renewal application is available upon request made by a registered dispensary to the Department. Failure to submit a timely, complete renewal packet may be grounds for denial of the renewal and may result in expiration of the registration certificate to operate the dispensary.
2. When submitting for a renewal of the registration certificate, registered dispensaries must update, as needed, all information submitted by the dispensary on its initial application or previous renewal for a dispensary registration certificate. Failure to submit all current, up-to-date information timely may be grounds for denial of the renewal and may result in expiration of the registration certificate to operate the dispensary.
3. Within ten days of its decision to approve or deny the renewal, the Department shall issue a written decision that either includes the renewed dispensary registration certificate or the grounds for denial and statement of deficiency.
4. When the dispensary submits a complete and timely application for renewal, the registration certificate remains in good standing until the Department issues a new registration certificate, a statement of deficiency or a denial.

18-691 C.M.R. ch. 2, § 7