PROPOSED MEDICAL MARIJUANA TREATMENT CENTER DEVELOPMENT

FOR

THE CITY OF SPRINGFIELD, MASSACHUSETTS

BID NO. 14-111    Issued October 25, 2013

Written responses from City to questions

Q1. Will the City Council, Mayor and Board of Health issue support letters to BCC and the other invitee to the RFQ/P in order to allow those letters to be used in Phase II of the MMTC/RMD Applications with DPH which is due November 21, 2013?

Answer to Q1:

105 CMR 725.110(A)(14) states: “A RMD shall comply with all local requirements regarding siting”.

In addition, 105 CMR 725.100(B)(3)(f) provides that “if available at time of submission” the applicant shall include in the DPH Phase 2 application “any demonstration of support or non-opposition furnished by the local community”.

Under these regulations, the City has announced a phased process which creates a framework for applicants to engage Springfield to participate in the creation of local requirements regarding siting in an open and transparent process involving each applicant’s siting proposal.

The City’s intent in carrying out this process is to implement, at the local regulatory level, a careful balance of promoting compassionate and appropriate access for patients with identified need, while mitigating secondary effects as to security and community impacts.

The end result of the City’s process will be a Host Community Agreement setting forth the terms and conditions upon which the City will support the specific siting of a particular Medical Marijuana Treatment Center.

Any Host Agreement will require approval of the City Council and the Mayor. The City’s Public Health Council will also play a role in evaluation of any proposal submitted by an applicant.

It is the City’s understanding, pursuant to the above-referenced regulations, that the DPH will be providing further guidance to Cities and Towns as well as applicants so that the timing of the City’s process will not interfere with an applicant’s timely filing of its Phase II application with DPH which is scheduled to go on through at least December 31, 2013, with preliminary or conditional licenses issued in the beginning of 2014.

For example, during the DPH Phase 2 application processes and prior to the award of a registration to operate, it is the City’s understanding that an applicant will be allowed to supplement or amend or revise its application in a follow up filing with the DPH for submission of documents evidencing local support (if the Phase 2 application has been submitted but a license has yet to be granted). If a change occurs after submission of the Phase 2 application, it is the applicant’s responsibility to notify DPH immediately.

As such, the City is in support of locating one or more MMTCs in the City under conditions that are established through the framework that the City has created.

Q2.The Department of Public Health requires all Phase Two applications to be submitted on November 21, 2013.  DPH requires that the applicant inform DPH whether or not the city where the applicant intends to site a registered marijuana dispensary (RMD) supports or opposes the location of an RMD at that location. The City of Springfield timetable indicates that the City will not indicate before November 21, 2013 if it does support or oppose any location or applicant. Thus, the City’s timetable makes it impossible for an applicant to provide DPH with the information required in the Phase Two application and therefore makes it unlikely that DPH will issue a license to operate an RMD in Springfield.  Will the City issue any preliminary approvals or other information to assist applicants who wish to submit applications to DPH before November 21, 2013? Can you please clarify this situation?

Answer to Q2:

Please see City’s answer to Question 1.

Q3.DPH regulations require all applicants for a license to operate an RMD to comply with all local rules, regulations, ordinances and bylaws.  Can you clarify what local rule, regulation, ordinance or bylaw provides that an applicant for a license to operate an RMD enter into a Host City Agreement with the City of Springfield for the development, construction and operation of a Medical Marijuana Treatment Center project?

Answer to Q3:

Please see City’s answer to Question 1.