Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
Cheryl Bartlett
Acting Commissioner
Department of Public Health
250 Washington St.
Boston, MA
Dear Commissioner Bartlett,
On behalf of the Massachusetts Municipal Association, thank you for the opportunity to offer comment on the process through which an entity seeking to establish a Registered Marijuana Dispensary (RMD) must apply for a registration from the Department of Public Health. The 2012 Act for the Humanitarian Medical Use of Marijuana required the Department to develop important regulations and processes to fully implement the law, ranging from the registration of up to 35 RMDs across the Commonwealth in the first year, to the creation of enforcement procedures to ensure the safety and security of our municipalities.
As a part of the implementation of these regulations, we appreciate the careful and deliberate process that the Department has undertaken to create an application process intended to facilitate the establishment of safe, secure and appropriate RMDs in each county. These RMDs will have significant impacts in our communities for years to come, and a well-designed application process is important to ensure that public health and safety and quality of life are protected.
To apply for a registration, a prospective RMD must submit several required components to the Department as stipulated in 105 CMR 725.100 (B), Application Process. Chief among these application requirements during Phase 1 is documentation that the applicant is a nonprofit entity incorporated in Massachusetts. We respectfully request that the Department further require the applicant to indicate through the Phase 1 application process whether or not the applicant has sought tax-exempt status, or if they plan to do so, together with any and all documentation available.
Upon notification that an applicant may proceed from Phase 1 to Phase 2 of the application process, the regulations require that the applicant notify the chief administrative officer and chief of police of the municipality in which the RMD would be sited of their intent to submit a Phase 2 application. In Phase 2, an applicant must submit the county, city or town in which the proposed RMD would be sited and the physical address of the RMD, if known. We respectfully request that an application submitted without a physical address specified be denied a registration, unless accompanied by an explanation as to why that information is unavailable and a demonstration of support for the application from the host municipality.
After a Phase 2 application has been submitted, the regulations indicate that the Department may conduct a site visit to the proposed location of the RMD to determine the appropriateness of the site. During this site visit, the Department should verify that the proposed site conforms with all existing local zoning ordinances and bylaws, as well as any proposed zoning ordinances or bylaws that are pending before the community but have not yet been approved or promulgated. If no local zoning ordinances or bylaws relative to the siting of RMDs exist or are pending, the Department should verify that the proposed site is not within 500 feet of a school, daycare center or place where children frequently congregate, as required in the absence of local zoning by 105 CMR 725.110 (A), Security Requirements for Registered Marijuana Dispensaries.
Similarly, if the Department determines through the application process that a nonprofit seeking an RMD registration meets all criteria necessary for a registration, the Department should issue notification of a public hearing to be held in the host municipality prior to the issuance of the registration. This public hearing would promote transparency in the process and allow all interested members of the community to learn about the proposed RMD and how it might impact the municipality.
The Department has indicated in its regulations that the issuance of a registration to a RMD is conditioned on demonstrated compliance with local codes, ordinances and bylaws for the physical address of the RMD or any secondary site. It further requests any demonstration of support or non-opposition from the prospective host municipality. The MMA applauds the inclusion of this language and requests that the Department give the highest level of consideration to the demonstrated level of municipal support when deciding whether to grant the application.
Finally, upon successful completion of the Phase 1 and Phase 2 application process, the regulations require the applicant to remit the required registration fee to the Department. The applicant should be required to concurrently notify the chief administrative officer and police chief in the host municipality of its registration status.
Once again, thank you for the opportunity to provide input on the RMD application process. Because of the significant importance of the implementation of the medical marijuana law in communities across the state, we appreciate the thorough, cautious and transparent approach that the Department has undertaken to ensure that medical marijuana regulations in Massachusetts create the highest of standards to minimize any potential for misuse. If you or your office have any questions, please do not hesitate to contact Catherine Rollins of the MMA staff at (617) 426-7272.
Thank you very much.
Sincerely,
Geoffrey C. Beckwith
Executive Director, MMA