New dispensary process lifts cap but adds weight to local position

The state has revamped its medical marijuana dispensary licensing process, releasing a new application that requires a letter of local support or non-opposition as a condition of acceptance.

Previously, a letter of local support or non-opposition added a certain number of points to an application, and the application that received the highest point total relative to other applications for the same county was awarded a provisional dispensary license. The new application is not evaluated using a points system, and will not be accepted without a letter. Applications will not be evaluated relative to each other, but will be considered based on whether they meet the public health and safety standards set by the Department of Public Health.

The required letter of local support or non-opposition may be signed by either a municipal chief executive officer or chief administrative officer, or by a signatory acting on behalf of a city council, board of alderman, or board of selectmen. The application instructions require that the letter consist of template language indicating local support or non-opposition and certifying that the proposed medical marijuana dispensary is located in a zoning district that allows such a use by right or through special permit.

In the case of a letter submitted by a municipal legislative body, language must be included that states the letter is on behalf of the legislative body pursuant to a vote taken on a specified date.

The application also requires the applicant to describe how it has ensured that it would be in compliance with all local rules, bylaws and ordinances for the physical site of the proposed dispensary.

The new application, released by the DPH on May 15, will be accepted by the department beginning on June 29. Applications will be reviewed in the order that they are submitted, although applications for sites within the four “open counties”– Berkshire, Dukes, Nantucket and Worcester, which do not have a provisionally licensed dispensary – will be given prioritized consideration.

To date, 15 applications have been provisionally approved under the original application process. Those approved applicants will not need to reapply under the new system.

The 2012 ballot initiative creating the medical marijuana law authorized the DPH to license up to 35 dispensaries in the law’s first year of implementation (2013). After the first year, the law allows the DPH to license more dispensaries at its discretion, without a cap on the number of dispensaries that may be licensed.

The DPH is holding the following informational meetings for municipal officials and potential applicants to learn about the application process.

• May 28, 9-11 a.m., Barnstable County Complex, Harbor View Conference Room, 3195 Main St., Barnstable
• June 12, 2-4 p.m., Worcester Public Library, Saxe Room, 3 Salem Square, Worcester
• June 15, 1-3 p.m., DPH Public Health Council Room, 250 Washington St., Boston
• June 16, 10 a.m.-noon, Berkshire Athenaeum, Auditorium, 1 Wendell Ave., Pittsfield
• June 16, 3-5 p.m., Pioneer Valley Planning Commission, Large Conference Room, 60 Congress St., 1st floor, Springfield

For more information on the new application process, visit www.mass.gov/medicalmarijuana.