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Patients and representatives of possible medical marijuana dispensaries on Friday criticized proposed state fees for the pending program, calling them too high or unfair.
During a public hearing in Boston, the state Department of Public Health aired proposed fees including $50 annual fee for each registered patient, $100 fee for a hardship permit to grow marijuana, $50,000 annual registration fee for marijuana dispensaries and a nonrefundable $31,500 application fee for dispensaries that would be paid in two phases. The state proposed the fees on May 24.
Nial DeMena, of Becket, director of operations for Manna Wellness Inc., a private nonprofit that will be seeking a dispensary license for Berkshire county, recommended a sliding scale for the registration fee — instead of the proposed flat $50,000 fee — based on population and demographics such as per capita income.
A small dispensary in Berkshire county would cost the state less than a dispensary in a dense and affluent market, he said.
"Our spending in the community will be concomitant with our revenue," DeMena testified. "We hope the DPH will consider license and operation fees commensurate with our revenue potential."
Nicola Giudice, a legal assistant for Vicente Sederberg, a law firm with offices in Boston and Denver that represents medical marijuana businesses and potential businesses, questioned a proposed $500 annual fee for each dispensary agent, or employee.
"This fee for each and every employee .. may be detrimental to some businesses," she said.
Voters in Massachusetts passed a ballot question last November that legalized medical marijuana and required the department to regulate and oversee the industry.
The first dispensaries could be licensed by the end of the this year and might open for business early next year.
People with certain "debilitating medical conditions," including cancer, glaucoma, the virus that causes AIDS or "other conditions" determined by a doctor, can obtain a registration card and possess up to a 60-day supply of marijuana.
After the hearing, David Kibbe, communications director the state Department of Public Health, issued a statement, saying the fees are proposed for "a self-financed" medical marijuana industry.
"DPH will use the fees to meet the program's operational needs, including hiring staff and training inspectors to monitor the industry," the statement said. "DPH will also develop an online system for registering and auditing for participant eligibility."
According to the ballot law, medical marijuana must be "revenue neutral," with fees covering all operational costs, the statement said.
Richard M. Evans, a Northampton lawyer who is representing possible dispensary owners, asked the department to consider a sliding scale for the annual registration fee, because the current flat fee could be unfair to a dispensary owner in a sparsely populated county such as Franklin in Western Massachusetts.
Considering that patients could constitute about 1 percent of a county's population, Evans estimated that a single dispensary in Franklin would serve about 720 people, while each of five dispensaries in Middlesex could serve 3,000 people.
"I would urge you to reconsider the $50,000 annual registration fee," Evans said.
Alison Mehlman, deputy general counsel for the state Department of Public Health, chaired the meeting, attended by about 60 people. Fifteen people testified, including patients and Matthew J. Allen, executive director of the Massachusetts Patient Advocacy Alliance in Boston.
The department's regulations would waive the annual $50 registration fee for patients with a financial hardship.
Allen said the $50 annual patient registration fee is not onerous, but could be a significant barrier for people with limited incomes.
Allison F. Jones, a registered nurse from Rutland who suffered serious injuries in a car accident, said she is not aware of any insurance that would cover medical marijuana. She said other medications don't carry a similar fee.
"This use fee puts an additional financial burden on the sickest patients .. many of whom are on low and fixed incomes," she said.
Scott M. Murphy, of Newton, an Army veteran who served during the Iraq war, said he suffers from chronic pain caused by arthritis.
"I shouldn't have to pay a fee every year just to get access to my medicine," he said.
James E. Smith, a Boston lawyer who represents an entity that will be applying for a dispensary license, said he is also concerned about the yearly $50 patient registration fee. Instead, he said the department should consider increasing the annual registration fee for dispensaries.
Valerio Romano, a lawyer in Boston who represents people planning to seek dispensary licenses, said the application fees should be higher for dispensaries. He said he wants to make sure responsible people are operating dispensaries and having sufficient money is an indication of responsible ownership, he said.
"Some people are applying and cutting all the corners they can and not thinking the process through," Romano said after the hearing.
Romano said patients can expect to pay the street price for marijuana — about $300 an ounce — at a dispensary. Otherwise, he said, a black market could be created with patients re-selling medical marijuana for a profit.
The public health department will hold a session from 3 to 4 p.m. on Tuesday in Boston to provide information to people who will be applying for dispensary licenses.
The law requires up to 35 dispensaries around the state including at least one in each county and a limit of five for any one county.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: masslive.com
Author: Dan Ring
Contact: About Us | Site Info, Online Advertising, Contact Us - MassLive.com
Website: Proposed fees for medical marijuana in Massachusetts face criticism at Boston hearing | masslive.com
During a public hearing in Boston, the state Department of Public Health aired proposed fees including $50 annual fee for each registered patient, $100 fee for a hardship permit to grow marijuana, $50,000 annual registration fee for marijuana dispensaries and a nonrefundable $31,500 application fee for dispensaries that would be paid in two phases. The state proposed the fees on May 24.
Nial DeMena, of Becket, director of operations for Manna Wellness Inc., a private nonprofit that will be seeking a dispensary license for Berkshire county, recommended a sliding scale for the registration fee — instead of the proposed flat $50,000 fee — based on population and demographics such as per capita income.
A small dispensary in Berkshire county would cost the state less than a dispensary in a dense and affluent market, he said.
"Our spending in the community will be concomitant with our revenue," DeMena testified. "We hope the DPH will consider license and operation fees commensurate with our revenue potential."
Nicola Giudice, a legal assistant for Vicente Sederberg, a law firm with offices in Boston and Denver that represents medical marijuana businesses and potential businesses, questioned a proposed $500 annual fee for each dispensary agent, or employee.
"This fee for each and every employee .. may be detrimental to some businesses," she said.
Voters in Massachusetts passed a ballot question last November that legalized medical marijuana and required the department to regulate and oversee the industry.
The first dispensaries could be licensed by the end of the this year and might open for business early next year.
People with certain "debilitating medical conditions," including cancer, glaucoma, the virus that causes AIDS or "other conditions" determined by a doctor, can obtain a registration card and possess up to a 60-day supply of marijuana.
After the hearing, David Kibbe, communications director the state Department of Public Health, issued a statement, saying the fees are proposed for "a self-financed" medical marijuana industry.
"DPH will use the fees to meet the program's operational needs, including hiring staff and training inspectors to monitor the industry," the statement said. "DPH will also develop an online system for registering and auditing for participant eligibility."
According to the ballot law, medical marijuana must be "revenue neutral," with fees covering all operational costs, the statement said.
Richard M. Evans, a Northampton lawyer who is representing possible dispensary owners, asked the department to consider a sliding scale for the annual registration fee, because the current flat fee could be unfair to a dispensary owner in a sparsely populated county such as Franklin in Western Massachusetts.
Considering that patients could constitute about 1 percent of a county's population, Evans estimated that a single dispensary in Franklin would serve about 720 people, while each of five dispensaries in Middlesex could serve 3,000 people.
"I would urge you to reconsider the $50,000 annual registration fee," Evans said.
Alison Mehlman, deputy general counsel for the state Department of Public Health, chaired the meeting, attended by about 60 people. Fifteen people testified, including patients and Matthew J. Allen, executive director of the Massachusetts Patient Advocacy Alliance in Boston.
The department's regulations would waive the annual $50 registration fee for patients with a financial hardship.
Allen said the $50 annual patient registration fee is not onerous, but could be a significant barrier for people with limited incomes.
Allison F. Jones, a registered nurse from Rutland who suffered serious injuries in a car accident, said she is not aware of any insurance that would cover medical marijuana. She said other medications don't carry a similar fee.
"This use fee puts an additional financial burden on the sickest patients .. many of whom are on low and fixed incomes," she said.
Scott M. Murphy, of Newton, an Army veteran who served during the Iraq war, said he suffers from chronic pain caused by arthritis.
"I shouldn't have to pay a fee every year just to get access to my medicine," he said.
James E. Smith, a Boston lawyer who represents an entity that will be applying for a dispensary license, said he is also concerned about the yearly $50 patient registration fee. Instead, he said the department should consider increasing the annual registration fee for dispensaries.
Valerio Romano, a lawyer in Boston who represents people planning to seek dispensary licenses, said the application fees should be higher for dispensaries. He said he wants to make sure responsible people are operating dispensaries and having sufficient money is an indication of responsible ownership, he said.
"Some people are applying and cutting all the corners they can and not thinking the process through," Romano said after the hearing.
Romano said patients can expect to pay the street price for marijuana — about $300 an ounce — at a dispensary. Otherwise, he said, a black market could be created with patients re-selling medical marijuana for a profit.
The public health department will hold a session from 3 to 4 p.m. on Tuesday in Boston to provide information to people who will be applying for dispensary licenses.
The law requires up to 35 dispensaries around the state including at least one in each county and a limit of five for any one county.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: masslive.com
Author: Dan Ring
Contact: About Us | Site Info, Online Advertising, Contact Us - MassLive.com
Website: Proposed fees for medical marijuana in Massachusetts face criticism at Boston hearing | masslive.com
