Massachusetts Marijuana Dispensary Applications

 

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Massachusetts Marijuana Dispensary Services

For those looking to participate in the 2015 application process, VGR encourages prospective applicants begin their research and due diligence now. Applicants who have been through the registration process are well aware of the time and extraordinary efforts that are necessary in order to distinguish themselves from their competitors. You may need help putting together an impressive management team, whether vetting your network or suggesting people from ours. We will also put together financial documents so that you will have a real sense of the revenue of a marijuana dispensary in Massachusetts.

Of more immediate importance, learning to navigate within a chosen community can take months, if not years. Based on what our attorneys have learned here in Massachusetts and elsewhere in the US, it is critical for prospective clients to familiarize themselves and make introductions to local officials within the municipality they plan to seek a Registration to operate a dispensary. For example, it is never too early to attend city council and other sub-committee meetings in order to learn how the local permitting process works and gather insight on the political landscape within the community. In addition, we highly recommend that prospective applicants gather information on properties that are available and suitable for locating a dispensary.  We have experience successfully enlisting the support of otherwise adversarial communities and landlords.

The attorneys at VGR Law Firm, PC have tremendous experience (and an impressive success rate!) assisting clients in preparing for and writing applications seeking a registration to operate medical use of marijuana dispensaries and cultivation facilities. We work alongside both our individual and corporate clients as they prepare for the application to be released as well as during the application process. We will assist you in corporate formation so that your non-profit will be able to serve the patients of the Commonwealth while still providing a reasonable return to investors.  In addition to providing legal and consulting services, we specialize in compiling and articulating information provided by industry and local consultants such as architects, security, cultivation experts in a clear concise manner ensuring our client to submits the most accurate and comprehensive application possible.

WHAT COMES BELOW IS OUTDATED INFORMATION FROM THE 2013 APPLICATION PROCESS

The provisional permitting stage is upon us, and 20 applicants have been allowed to move forward.  Four of those applicants are VGR Law Firm clients.  If you have been successful so far, now comes the hard part, getting up and running and complying with the law and regulations.  VGR Law Firm will make sure you operate in a compliant manner and keep your registration.  Just having a medical marijuana attorney that you can go to will add credibility to your operation.  VGR Law Firm offers so much more.  Visit our dispensary compliance page for all the details.

EVERYTHING BELOW IS INFORMATION FROM THE APPLICATION PROCESS.

 

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PHASE 2 APPLICATIONS HAVE BEEN SUBMITTED ON NOVEMBER 21ST, 2013.  IF YOU DIDN’T APPLY IN THIS ROUND, IT MIGHT BE A COUPLE OF YEARS BEFORE YOU GET A CHANCE.  THE APPLICATION PROCESS IS CLOSED.

 

Click Here For The Old Dispensary Page

Phase 2 is upon us!  If you don’t have legal/compliance/application writing and all the other parts of you Phase 2 application together, contact us right away!  The clock is ticking.

On May 8, 2013 the Massachusetts Department of Public Health (DPH) issued the final regulations for Registered Marijuana Dispensary (RMD) applications “105 CMR 725.000: IMPLEMENTATION OF AN ACT FOR THE HUMANITARIAN MEDICAL USE OF MARIJUANA.”  Those regulations went into effect on May 24th.  The Massachusetts marijuana compliance team has been attending the various DPH meetings, meeting with DPH staff and following developments in the law closely.  Phase 1 applications were accepted on August 22nd, 2013.  September 23rd was the Phase 2 invitees announcement date.

On October 7th, 2013 the DPH released the Phase 2 Application form, and many related documents.  The due date for the Phase 2 Application is November 21, 2013.

We can help you assemble the team to draft a winning Phase 2 application.  Hiring our team will get your application the best chance of success.  Below is a summary of the final regulations, including what you need to know to get your application together.

105 CMR 725.100 governs the dispensary application process.

The application process is divided into two phases.  The phase 1 portion was essentially a request to submit a detailed application in the future.  During the phase 1 portion hopeful applicants had to show the following before being invited to proceed to phase 2 of the application process.

  • Documentation showing non-profit status (pursuant to Massachusetts General Law Chapter 180) and a list of the non-profit’s executives.
  • Documentation that the applicant(s) have $500,000.00 in its control.  This can be shown via bank statements, lines of credit or the equivalent.  This is operating capital.  The DPH wants to know that if you are granted a permit, you have sufficient funds to open and run it.
  • Documentation that none of the applicant(s) have any criminal history of felony drug offenses.
  • A description of the applicant(s) past or pending legal enforcement actions and business license registration revocations/suspensions.

If the applicant is invited to proceed to Phase 2, they must notify the town and the county where they wish to operate a dispensary.  The DPH accepted the Phase 1 applications on August 22nd.  Following being invited to Phase 2 a hopeful applicant has 45 days to submit the more detailed application with the following:

  • A non-refundable application fee (yet to be determined by the DPH).
  • Detailed information about the non-profit including the non-profit’s articles of organization and by-laws.
  • Identification of the town/city where the dispensary, grow and production area(s) will be located.    Although the regulations do not require the specific address of the locations, the Massachusetts marijuana compliance team believes that the more specificity in this information that is supplied to the DPH the greater likelihood of success for your application.  This will include a description of the applicant’s interest in the property including a lease or title.
  • A description of how the RMD will begin operation in a specific proposed timeline.
  • A list of all persons and entities involved in the RMD.
  • Optional but recommended is a detailed floor plan of all locations involved in the RMD.
  • A detailed summary of the business plan for the RMD.
  • A detailed summary of the operating procedures for the RMD.
  • An analysis of the patient population in the proposed service area.
  • A summary of training for dispensary agents (employees/volunteers).

In drafting and compiling the aforementioned information it is critical for the applicant to do what they can to satisfy the following scoring factors that will be considered by the DPH.

  • Show experience running a non-profit or other business.
  • History of providing health care services, or medical marijuana in other states.
  • History of response to correction orders in Massachusetts or other states.
  • Evidence of tax and child support compliance by the applicant.
  • Evidence of workers’ compensation and professional and commercial insurance coverage.
  • Criminal history of the applicant(s), and history of civil/administrative actions.

The aforementioned is a summary of the application procedure and required information.  The actual application is even more complicated.  The Massachusetts marijuana compliance team has assembled the resources to exceed the requirements of the RMD application, and make sure your application scores off the charts.  We have an insurance company that wants to insure medical marijuana business, an accountant that specializes in the accounting and tax issues surrounding medical marijuana businesses,  realtors to help you locate a property, legal to create your non-profit, and draft lease agreements with potential landlords and talk to municipalities on your behalf.  We also have your banking issues solved with credit card processing and a bank that will take the deposits for your dispensary.

Contact the Massachusetts marijuana compliance team at VGR Law Firm to get your application started today.

Old Dispensary Page

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The following is the old dispensary page drafted before the final regulations were issued:

Mass medical marijuana law allows for up to thirty-five Massachusetts marijuana dispensary permits to be granted in the first year.  Massachusetts Marijuana Compliance has put together a team to make sure your application gets the best attention from the Department of Public Health, and your dispensary operates in a fully compliant manner.  This team includes public relations with your proposed town, accountants to help you set up properly, lenders if you need equity, and insurance for your treatment center business.  Contact us to schedule an appointment and give your application the best chance with the DPH.

Beginning the process of drafting your application to the Department of Public Health soon is critical if you are serious about operating a marijuana dispensary.  Massachusetts Marijuana Compliance will get your application and paperwork together and greatly increase your chances of being granted one of the thirty-five Massachusetts marijuana dispensary permits.  Among the services offered are the following:

  • Not-for-profit registration (expressly required under the law)
  • Business plan (likely required as part of the application)
  • Operations plan (likely required as part of the application)
  • Town zoning research and compliance (will be required for a successful application)
  • Patient and sales record keeping and secure online storage (advisable to remain compliant with law enforcement inquiries)
  • Medical marijuana cultivation consultants (available if needed)
  • Patient education plan (adds legitimacy to treatment center and may benefit federal tax reporting)
  • Landlord-Tenant Lease Agreement (landlords may wish to use something other than the standard lease)
  • Lobbying with the DPH (get your application the best attention with the decision makers)
  • Public Relations (get your proposed town on board)

Massachusetts Medical Marijuana Compliance attorneys have years of experience assisting dispensaries and collectives in California.  We have drafted hundreds of collective agreements for patients and dispensary operators.  The wisdom gained by this California experience will be leveraged for your Massachusetts dispensary, so that your operations are beyond reproach, and all of the lessons learned since California passed its own medical marijuana laws in 1996 will benefit your Massachusetts dispensary in 2013.  For instance, immaculate record keeping of all your customers’ medical marijuana certifications, to insure that you only make medical cannabis available to qualified patients, and you can prove that fact, will keep you out of trouble with law enforcement.

If you fail to do it right, your application will be denied.  Allow Massachusetts medical marijuana attorneys help set up your Massachusetts dispensary.  Check out this post about the potential complexities in drafting your application.

We urge you to take a close look at the other sites who claim that they will help you set up your dispensary, very few are Boston lawyers with specific Massachusetts medical marijuana dispensary information.  Contact Us to get an actual Boston medical marijuana lawyer to draft your application.

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