100 Finalists To Compete For 35 Medical Marijuana Licenses In Massachusetts

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The state Department of Public Health on Thursday received 100 final applications from nonprofit organizations seeking licenses to open medical marijuana dispensaries, or well more than half the number received for a preliminary round The department said it is planning to award licenses on Jan. 31, but will not make the actual applications public until the licenses are awarded. The department on Friday does plan to post the names of finalists and the communities where they want to locate dispensaries.

The department received the strong interest even though more than 130 cities and towns across the state have approved temporary moratoriums. Dr. Madeleine Biondolillo, a director for the state Department of Public Health, said it's clear the department received applications from 100 nonprofit groups that believe they can meet the state's criteria for awarding licenses. "That's a robust group of organizations that are engaged in this very competitive application process," she said. A total of 159 applications in September survived an initial review and were cleared to compete in the final round.

Under the medical marijuana law, approved a year ago by 63 percent of voters, the state, in the first year, can license up to 35 dispensaries, including at least one but no more than five in each county. The deadline for applications was 3 p.m. on Thursday. Applicants paid $30,000 application fee to enter the final round. Former Senate Minority Leader Brian P. Lees, a clerk in Debilitating Medical Condition Treatment Centers Inc., and Springfield businessman Heriberto Flores, president of the organization, filed an application to locate a dispensary in Holyoke.

"I feel probably as positive as anybody else does who is applying," said Lees, who is planning to have cultivation and dispensing on different floors in the same building. Former Pittsfield state Sen. Andrea F. Nuciforo, who is clerk in Kind Medical Inc., and Dr. Joseph P. Keenan, of Westfield, who is president, applied for a license to operate a dispensary and cultivation at a building at 142 Pleasant St. in Easthampton. "It's a strong proposal with solid people and a solid financial foundation," said Nuciforo, who is planning cultivation for the 6th floor and dispensary on the first.

Nuciforo was among a steady parade of people who arrived at the public health department's downtown Boston headquarters to hand deliver an application as required. People carried heavy bankers' boxes packed with the required original application, 15 copies and attachments. Michael Kulig, a director of Greenhouse Dispensary, delivered a final application for a dispensary and cultivation operation in Lee. "We've seen some people with a need," Kulig said. "It's also a business opportunity for us." Finalists needed to show they had immediate access to $500,000 for a single application and $400,000 for each subsequent application.

If an nonprofit wants to locate a dispensary in a community with a moratorium, it does not eliminate the proposal from competition, but it will be calculated into the scoring of an application. If applicants are selected, they would need to pay $50,000 registration fee. About 60 preliminary applicants did not submit final applications. Susan Stubbs, president of the nonprofit Farm House Compassionate Care in Northampton, said her organization decided against filing final applications for dispensaries.

Farm House had submitted preliminary applications proposing dispensaries in Northampton and West Springfield and a cultivation operation in Deerfield. In an e-mail, Stubbs cited a Aug. 29 memo by the U.S. Department of Justice that said Congress considers marijuana a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime. The justice department said it was committed to enforcing the law. "Unfortunately, the sale of marijuana is still a federal crime punishable by life in prison," Stubbs wrote in an e-mail. "Although the risk of prosecution of any given dispensary is arguably very small, we believe that it would be irresponsible of us to go forward at this time or, frankly, for any dispensary to go forward." David A. Mech , a lawyer in Springfield and director of First Aid Inc., which also had a preliminary application approved, said his organization did not submit a final application for several reasons, including investors who were unable to commit.

A selection committee will evaluate and score final applications on factors including prevention of drug diversion, local support, patient access and geographic distribution of dispensaries. Members of the committee will begin their work in early December. Members will be announced soon, a department spokeswoman said. The committee will present recommendations to Cheryl Bartlett, public health commissioner. Bartlett will make the final decisions in consultation with Health and Human Services Secretary John Polanowicz.

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