ATTORNEYS AT LAW - Mass.Gov Costello &Crawford ATTORNEYS AT LAW June 27, 2017 Department of Public Health Medical Use of Marijuana Program RMD Applications 99 Chauncy Street, 11th

Smith, Costello &Crawford ATTORNEYS AT LAW

June 27, 2017

Department of Public Health Medical Use of Marijuana Program RMD Applications 99 Chauncy Street, 11th Floor Boston, MA 02111

RE: Olde World Remedies, Inc. Siting Profile, Application 1 of2

Dear Medical Use of Marijuana Program:

Enclosed, please find the completed Siting Profile for Olde World Remedies, Inc. Please do not hesitate to contact me should you have any questions.

Sincerely,

~/\/~ --- -Unnife:K. ~rawford, Esq.

Enclosures

50 Congress Street, Suite 420 Boston, MA 02109

www.publicpolicylaw.com

INSTRUCTIONS

The Commonwealth of Massachusetts

Executive Office of Health and Human Services Department of Public Health

Bureau of Health Care Safety and Quality Medical Use of Marijuana Program

99 Chauncy Street, 11th Floor, Boston, MA 02111

SITING PROFILE: Request for a Certificate of Registration to

Operate a Registered Marijuana Dispensary

This application form is to be completed by a non-profit corporation that wishes to apply for a Certificate of Registration to operate a Registered Marijuana Dispensary ("RMD") in Massachusetts, and has been invited by the Department of Public Health (the "Department") to submit a Siting Profile.

If invited by the Department to submit more than one Siting Profile, you must submit a separate Siting Profile and attachments for each proposed RMD. Please identify each application of multiple applications by designating it as Application 1, 2 or 3 in the header of each application page. Please note that no executive, member, or any entity owned or controlled by such an executive or member, may directly or indirectly control more than three RMDs.

Unless indicated otherwise, all responses must be typed into the application forms. Handwritten responses will not be accepted. Please note that character limits include spaces.

Attachments should be labelled or marked so as to identify the question to which it relates.

Each submitted application must be a complete, collated response, printed single-sided, and secured with a binder clip (no ring binders, spiral binding, staples, or folders).

Application_!_ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

Mail or hand-deliver the Siting Profile, with all required attachments, to:

REVIEW

Department of Public Health Medical Use of Marijuana Program

RMD Applications 99 Chauncy Street, 11th Floor

Boston, MA 02111

Applications are reviewed in the order they are received. After a completed application packet is received by the Department, the Department will review the information and will contact the applicant if clarifications/updates to the submitted application materials are needed. The Department will notify the applicant whether they have met the standards necessary to receive a Provisional Certificate of Registration.

PROVISIONAL CERTIFICATE OF REGISTRATION

Applicants must receive a Provisional Certificate of Registration from the Department within 1 year of the date of the invitation letter from the Department to submit a Siting Profile. If the applicant does not meet this deadline, the application will be considered to have expired. Should the applicant wish to proceed with obtaining a Certificate of Registration, a new application must be submitted, beginning with an Applicant of Intent, together with the associated fee.

REGULATIONS

For complete information regarding registration of an RMD, please refer to l 05 CMR 725.100.

It is the applicant's responsibility to ensure that all responses are consistent with the requirements of I 05 CMR 725.000, et seq., and any requirements specified by the Department, as applicable. ·

PUBLIC RECORDS

Please note that all application responses, including all attachments, will be subject to release pursuant to a public records request, as redacted pursuant to the requirements at M.G.L. c. 4, § 7(26).

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: ~AR~-

Siting Profile - Page 2

Application _1_ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

QUESTIONS

If additional information is needed regarding the RMD application process, please contact the Medical Use of Marijuana Program at 617-660-5370 or [email protected].

CHECKLIST

The forms and documents listed below must accompany each application, and be submitted as outlined above:

!:ti A fully and properly completed Siting Profile, signed by an authorized signatory of the applicant non-profit corporation (the "Corporation")

[!!Evidence of interest in property, by location (as outlined in Section B)

!!'.! Letter(s) of!ocal support or non-opposition (as outlined in Section C)

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: _AR __

SHing Profile - Page 3

Application _1 _ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

SECTION A: APPLICANT INFORMATION

l. . Olde World Remedies, Inc.

Legal name of Corporation

2_ Alan M. Rothenberg

Name of Corporation's Chief Executive Officer

One Longfellow Place, Suite 3811 3. Boston,MA02114

Address of Corporation (Street, City/Town, Zip Code)

4 _ Alan M. Rothenberg

5.

Applicant point of contact (name of person Department of Public Health should contact regarding thls application)

617-650-3331

Applicant point of contact's telephone number

6. [email protected]

Applicant point of contact's e-mail address

7. Number of applications: How many Siting Profiles do you intend to submit? _2 __ _

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: _AR __


Ali .! f2 pp cauon __ o __ Applicant Non-Profit Corporation Olde World R•medies, Inc.

SECTION B: PROPOSED LOCATION(S)

Provide the physical address of the proposed dispensary site and the physical address of the additonal location, if an_', where marijuana for medical use will be cultivated or processed.

Attach supporting documents as evidence of interest in the property, by location. Interest may be demonstrated by ( d a clear legal title to the proposed site; (b) an option to purchase the proposed site; (c) a lease; (d) a legally enforceable agreemen to give such title under (a) or (b), or such lease under (c), in the event that Department determines that the applicant qualifies for regttration as a RMD; or (e) evidence of binding permission to use the premises.

Location Full Address County

953 Western Ave. Essex

1 Dispensing Lynn, MA 01905


2 Cultivation Lynn, MA01905


3 Processing Lynn, MA 01905

D Check here if the applicant would consider a location other than the county or physical address provided within th3 application.

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: ~AR~-

Sting Profile- Page 5

A ]. . I f 2 pp 1ca11on __ o __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

SECTION C: LETTER OF SUPPORT OR NON-OPPOSITION

Attach a letter of suppo1t or non-opposition, using one of the templates below (Option A or B), signed by the local municipality in which the applicant intends to locate a dispensary. The applicant may choose to use either template, in consultation with the host community. If the applicant is proposing a dispensary location and a separate cultivation/processing location, the applicant must submit a letter of support or non-opposition from both municipalities. This letter may be signed by (a) the Chief Executive Officer/Chief Administrative Officer, as appropriate, for the desired municipality; or (b) the City Council, Board of Alderman, or Board of Selectmen for the desired municipality. The letter of support or non-opposition must contain the language as provided below. The letter must be printed on the municipality's official letterhead. The letter must be dated on or after the date that the applicant's Application of Intent was received by the Department.

Template Option A: Use this language if signatorv is a Chief Executive Officer/Chief Administrative Officer I, [Name of person], do hereby provide [support/non-opposition] to [name of non-profit organization] to operate a Registered Marijuana Dispensary ("RMD") in [name of city or town]. I have verijied1vith 1he appropriate local officials that the proposed RlvfD facility is located in a zoning district that allows such use by right or pursuant to local permitting.

Name and Title of Individual

Signature

Date

Template Option B: Use this language if signatory is acting on behalf of a City Council, Board of Alderman, or Board of Selectman The [name of council!boardj, does hereby provide [support/non-opposition] to [name of non-profit organization] to operate a Registered Marijuana Dispensary in [name of city or town]. I have been authorized to provide this letter on behalfofthe [name of cowicillboardj by a vote taken at a duly noticed meeting held on [date].

The [name of councillboardJ has verified with the appropriate local offici.als that the proposed RMD facility is located in a zoning district that allows such use by right or pt1rsuant to local permitting.

Name and Tit1e of Individual (or person authorized to act on behalf of council or board) (add 111ore lines for nan1es if needed)

Signature (add niore lines.for signatures if needed)

Date

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: "-AR=--



SECTION D: LOCAL COMPLIANCE

Describe how the Corporation has ensured, and will continue to ensure, that the proposed RMD is in compliance with local codes, ordinances, and

bylaws for the physical address( es) of the RMD.

The Olde World Remedies, Inc. ("OWR") proposed co-located RMD is located at 953 Western Ave. in Lynn. This location is located within the Medical Marijuana Treatment Center Overlay ("MMTCO") District as referenced in Section 3.1.20 and 4.4.26 of the Zone Ordinance of the City of Lynn. (Attached) RMD's are allowed in the MMTCO upon the issuance of a Special Permit granted by the Lynn City Council. Upon receipt of a Provisional Certificate of Registration from DPH, OWR will submit an application for a Special Permit.

OWR will remain in compliance with all local codes, ordinances and special permit conditions. The OWR CEO and legal cousel will be responsible for ongoing compliance and will remain in contact v.rith Lynn municpal officials to ensure open lines of communication that will help ensure continued compliance.

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: "-AR=--



SECTION E: THREE-YEAR BUSINESS PLAN BUDGET PROJECTIONS

Provide the three-year business plan for the RMD, including revenues and expenses.

Projected Start Date for the First Full Fiscal Year: 01/01/2018

FIRST FULL FISCAL SECOND FULL FISCAL YEAR PROJECTIONS YEAR PROJECTIONS

20 18 20 19

Proi ected Revenue $750,720.00 $8,482,560.00

Projected Expenses $2, 163,000.00 $6,500,000.00

VARIANCE: $ -1,412,280.00 $ 1,982,560.00

Number of uniaue oatients for the vear 736 2209

Number ofoatient visits for the year 4416 53016

Proiected % of patient growth rate annually -- 300

Estimated purchased ounces ner visit .5 .5

Estimated cost ner ounce 340 320

Total FTEs in staffing 15-20 25-40

Total marijuana for medical use inventory 300 1700

for the vear (in lbs.) Total marijuana for medical use sold for the

274 1657 year (in lbs) Total marijuana for medical use left for roll

26 43 over (in lbs.)

Projected date the RMD plans to open: _1_01_0_11_20_1_s __________ _

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: "-AR""--

THIRD FULL FISCAL YEAR PROJECTIONS

20 20

$8,839,200.00

$6,500,000.00

$ 2,339,200.00

2540

60960

15

.5

290

25-40

1960

1905

55

Siting Profile- Page 8

Application _1_ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

SECTION F: CERTIFICATION OF ASSURANCE OF COMPLIANCE: ADA AND NON-DISCRIMINATION BASED ON DISABILITY

Applicants must certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination, and civil rights for persons with disabilities. The Applicant must complete a Certification of Assurance of Compliance: ADA and Non-Discrimination based on Disability. By signing, the Applicant formally notifies the Department that the Applicant is in compliance and shall maintain compliance with all applicable requirements.

I certify, that the Applicant is in compliance and shall maintain compliance with all applicable federal and state laws protecting the rights of persons with disabilities~ including but not limited to the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134; Article CXIV of the Massachusetts Constitution; and; Chapter 93, § 103; Chapter 1518; and Chapter 272, §§ 98 and 98A of the Massachusetts General Laws.

I understand that federal and state laws prohibit discrimination in public accommodations and employment based solely on disability. I recognize that to make goods, services, facilities, privileges, advantages, or accommodations readily accessible to and usable by persons with disabilities, the Applicant, under the ADA. must:

remove architectural and communication barriers in existing facilities, when readily achievable and, if not readily achievable, must use alternative methods; • purcbas~ accessible equipment or modify equipment;

modify policies and practices; and furnish appropriate auxiliary aids and services where necessary to ensure effective communication.

I understand that reasonable accommodation is required in both program services and employment, except where to do so would cause an undue hardship or burden. I also understand that the Massachusetts Constitution Article CXIV provides that no otherwise qualified individual shall, solely by reason of disability, be excluded from the participation in, denied the benefits o~ or be subject to discrimination under any program or activity within the Commonwealth. I agree that the Applicant shall cooperate in any compliance review and shall provide reasonable access to the premises of all places of business and employment and to records, files, information, and employees therein for reviewing compliance with the ADA, the Massachusetts Constitution, other applicable state and federal laws, including 105 CMR 725.000, et seq. I agree that any violation of the specific provisions and tenns of this Assurance or of the ADA, and/or of any Plan of Correction shall be deemed a breach of a material condition of any Certificate of Registration issued to the Applicant for operation of a Registered Marijuana Dispensary. Such a breach shall be grounds for suspension or revocation, in whole or in parti of a Certificate of Registration issued by the Department. I agree that, if selected, I will submit a detailed floor plan of the premises of the proposed dispensary in compliance with I 05 C?v!R 725.lOO(m) in compliance with the Architectural Review required pursuant to 105 CMR 725.100(8)(5)(£).

Signed under the pains and penalties of perjury, I, the authorized signatory for the applicant non-profit corporation, understand the obligations of the Applicant under the Certification of Assurance of Compliance: ADA and Non-Discrimination based on Disability, and agree and attest that the Applicant will comply with those obliga · ons a te in the Certification.

Alan M. Rothenberg

Print Name of Authorized Signatory

CEO

Title of Authorized Signatory

G-,/.,,, /.;7 Dai'e Signlcl

Information on this page has been reviewed by the applicant, and where provided by t~~ a~t, is accurate and complete, as indicated by the initials of the authorized signatory here:~


Application _l_ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

ATTESTATIONS

Signed under the pains and penalties of perjury, I, the authorized signatory for the applicant non-profit corporation, agree and attest that all information included in this application is complete and accurate and that I have an ongoing obligation to submit updated information to the Department ifthe information presented within this application has changed.

Signature of Authorized Signatory

Alan M. Rothenberg


CEO


~fer fr, ~d

I, the authorized signatory for the applicant non-profit corporation, hereby attest that the corporation has notified the chief administrative officer and the chief of police of the proposed city or town in which the RMD would be sited, as well as the sheriff of the applicable county, of the intent to

nt and Operations Profile and a Siting Profile.

(,..Ju. /t1 Date Signed

Alan M Rothenberg


CEO


Information on this page has been reviewed by the applicant, and where provided byt~:_ a~t, is accurate and complete, as indicated by the initials of the authorized signatory here:~

Siting Profile - Page lO

Application _I_ of_2 __ Applicant Non-Profit Corporation Olde World Remedies, Inc.

I, the authorized signatory for the applicant non-profit corporation, hereby attest that if the corporation is approved for a provisional certificate of registration, the corporation is prepared to pay a non-refundable registration fee of$50,000, as specified in 105 CMR 725.000, after being notified that the RMD has been approved for a provisional certificate of registration.

~17 Date Signed

Alan M. Rothenberg


CEO


Information on this page has been reviewed by the applicant, and where provided by the applic Is accurate and complete, as Indicated by the initials of the authorlzed signatory here: ~AR"'--l/


Application 1 of 2 Olde World Remedies, Inc.

Attachment 1.

Evidence of Property Interest

LOI to Lease 953 Western Ave.

Lynn, MA

BUILDING ADDRESS:

LANDLORD:

TENANT:

LEASE TERM:

RENT:

EXTENSION OPTION:

CONTROL OF PROPERTY:

Letter of Intent to Lease

953 Western Avenue, Lynn, MA

953 Western Avenue, Lynn MA 01905

Positive, LLC. 90 Exchange Street, Suite LL2 Lynn, MA01901

Olde Worlde Remedies, Inc. One Longfellow Place, Suite 3811, Boston, MA 02114

July 1, 2017 -June 30, 2022.

Years 1 - 5: $6,500 a month with annual CPI increases

Tenant shall have Three (3) 5-year extension options and will provide six (6) month's proper written notice for such.

Years 6-10: $6,500 a month plus CPI from July 1, 2018 Years 11 - 15: $6,500 a month plus CPI from July 1, 2018 Years 15-20: $6,500 a month plus CPI from July 1, 2018

Once the Tenant receives a Certificate of Registration from the Massachusetts Department of Public Health to operate a Registered Marijuana Dispensary the Landlord understands and agrees that entry to the facility by the Landlord must be on an "escorted access only" basis, as set forth in 105 CMR 725.110(C)(4) in any designated limited access area. Tenant shall provide Landlord with 24 hour I 7 days a week telephone number to access a dispensary agent authorized to access and escort Landlord in any designated limited access areas.

Notwithstanding any provision of this LOI or subsequent Lease to the contrary, no right of entry, possession or sale, either set forth expressly in this LOI or subsequent Lease or arising as a matter of law, shall permit Landlord to claim, control, possess, secure, sell or dispose of any marijuana, marijuana product or marijuana byproduct. Landlord hereby agrees and acknowledges that any such marijuana located on the premises shall be controlled in accordance with all federal and state laws including 105 CMR 725.000 et seq.

OPERATING EXPENSES:

STRUCTURAL INTEGRITY:

RIGHT OF FIRST REFUSAL:

DRAFTING OF LEASE:

BROKERAGE:

Operating expenses, including utilities and taxes shall be maintained by the Landlord for the period of time which he controls the entire building. Expenses shall be split between Landlord and Tenant based on a per useable square foot basis as the Tenant assumes control of the space.

Ownership represents, warrants and guarantees to maintain the structural integrity of the roof and exterior walls of the building as well as the parking lot throughout the term of the lease (to be further defined in lease document).

Landlord agrees not to sell the property while this Letter ofintent or a formal lease document is in effect without first offering the Tenant the right of first refusal to purchase the property.

This Letter ofintent is binding between the parties, who agree to execute the Lease with terms and conditions not inconsistent with this Letter of Intent. Tenant and its counsel shall be responsible for drafting the formal Lease Document.

No Broker.

TENANT IMPROVEMENTS: As an Exhibit to the lease the Tenant shall deliver a scope of work and list of proposed improvements to the building; such approval by Landlord not to be unreasonably withheld.

USE:

LANDLORD'S WARRANTY:

ADDITIONAL PROVISIONS:

QUALIFYING CONDITIONS:

Use as a co-located Cultivation, Processing and Retail Registered Marijuana Dispensary(RMD)

Landlord warrants the premises are currently mortgage free and appropriate for use as a Registered Marijuana Dispensary.

Ownership to provide Tenant with any I all plans and information with regards to the property including environmental reports, with the representation and warranty by Landlord that they will provide all plans and environmental reports they can locate in their possession.

This proposal is subject to the execution and delivery of a mutual acceptable lease document incorporating these and

CONFIDENTIALITY:

erg On behalf of Olde World Remedi s

Date: June 22, 2017

any other terms and conditions that the parties may agree to.

The information set forth herein is intended to be private and confidential between both and is not to be disclosed to third parties without the consent of each party; provided, however, that it may be disclosed to legal counsel and other consultants for purposes relating to the deal and to the Massachusetts Department of Public Health.

ACCEPTED BY (Landlord):

Date: June 22, 2017

Application 1of2 Olde World Remedies, Inc.

Attachment 2.

Letter of Non-Opposition from the Lynn City Council

<It itp of JLpnn. :JM ass a tb u.setts

Councilor, Ward Throe

June 20, 2017

To Whom It May Concern:

3Lp11 n 111: i tp 111:n u n c il

Darren P. Cyr Council President

COMMITTEE ON:

Ways and Means

TI1e Lyn11 City Council, does hereby provide non-opposition to Olde World Remedies, Inc. to operate a Registered Marijuana Dispensary in City of Lynn. I have been authorized to provide this letter on behalf of the Lynn City Council by a vote taken at a duly noticed meeting held on February 14, 2017.

The Lynn City Council has verified with the appropriate local officials that the proposed RMD facility is located in a zoning district that allows such use by right or pursuant to local permitting.

Darren P. Cvr, Council President

Date

50 Morton Hill Avenue, Lynn, MA 01902 (781) 598-3601 City Council Office, City Hall, Lynn, MA 01901 (781) 586-6740

Application 1 of 2 Olde World Remedies, Inc.

Attachment 3.

City of Lynn Medical Marijuana

Zone Ordinance

IN THE YEAR TWO THOUSAND AND SIXTEEN AN ORDINANCE AMENDING THE ZONE ORDINANCE OF THE CITY OF LYNN TO ESTABLISH A MEDICAL

MARIJUANA TREATMENT CENTER OVJ!~RLAY DISTRICT

Be it Ordained by the City Council and by the authority of the same as follows, to wit:-

SECTION 1:00 AMENDMENT

The Zone Map of the City of Lynn, as the same constitutes and is part of the Zone Ordinance of the City of Lynn, together with said Zone Ordinance, as heretofure amended, is fmther amended as follows:

SECTION 2:00 BUSINESS USES

Adding the definition of "MEDICAL MARIJUANA TREATMENT CENTER: to Section 5; CLASSIFICATfON OF USES; Section 5.4 "BUSINESS USES" as follows:

5.4.26 Medical Marijuana Treatment Center: An establishment that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transpo1ts, sells, distributes, dispe11ses or administers marijuana or products containing marijuana and/or related supplies for ostensibly medical purposes,

SECTION 3:00 USE TABLE

Amending the Use Table, Section 4, by adding ''Medical Marijuana Treatment Center" in Section 4.4,26

Rl R2 R3 R4 RS B3 BC LI B

HI WFI W W W WS S D T M

Medical Marijuana -Treatment Center (16)

D FFF HPOM 123 CAT A 0 C

0

-- -- -- -- SP

(16) Prior to the issuance of any Special Permit for a Medical Marijuana Treatment Center, the Mayor and the applicant must successfully negotiate and execute a Host Agreement which will minimize any adverse effects and increased costs to the City of Lynn,

SECTION 4:00 ESTABLISHMENT OF DISTRICTS

Amending Establishment of Uses, Section 3 by >idding "Medical Marijuana Treatment Center Overlay" (MMTCO) in Section 3.1.20,

29

SECTION 5.00 MEDICAL MAIUJUANA TREATMENT CENTER GENERAU.Y

Tho Medical Marijuana Treatment Center Overlay District affected by this zoning amendment shall include all areas delineated on the map presently available for viewing in the City of Lynn lnspectional Services Depm1ment. Generally, the areas include all properties on the non-water side of the. The Medical Murljuunu Treatment Center Overlay District shall also include all prope1tles with frontage on Route 107/Western Avenue from the Belden Bly Bridge rnru1ing northerly through and ending at the intersection of Western A venue. and Murphy Avenue.

SECTION 6:00 GUIDELINES

The City of Lynn Department of Inspectional Services may issue guidelines for t)ie implementation of this 01·dinance, including but not limited to definitions of terms used in this Ordinance.

SECTION 7:00 PEUMl1"flNG

I. Any proposed Medical Marijuana Treatment Center shall obtain an Operating Permit in the form and mannel' prescribed by the Department of lnspectlonal Se1vices, as may be further set forth in the Guidelines.

2. In order to support execution of responsibilities set forth in this regulation, an allllual Operating Permit fee shall be assessed in an amount that shall be set by the Chief of the Inspectional Services De1iarlment ("Chief") and may be amended at the discretion of the Chief.

3. The Medical Marijuana Treatment Center operator shall post the Operating Permit in a c1enr and conspicuous 1nanner.

4. No Dispensai-y Agent shall sell or otherwise distribute marijuana 01· marijuana products within the City of Lynn without first obtaining a Dispensary Agent Penn it issued annually by the Chief of the lnspcctional Services Department. For purposes of this regulation, Dispensm-y Agent will include board member, director, employee, executive, manager, or volunteer of a Registered Marijuana Dispensary, who is at least 21 years of age and who has received apprnval from the state under 105 CMR 725.030. Employee includes a consultant or contractor who provides on-site services to a Registered Marijuana Dispensary related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of 1narijuana.

5. As part of the Permit apJll.ication process, the applicant wilt be provided with this regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation.

6. Each applicant is required to provide the Chiefof the Inspectional Seivices Department proof by means ofa valid govenuncnt-issued photographic identification containing the bearer's date of birth that the applicant is 21 years old or older. ·

7. Each applicant is required to provide to the Chief of the !nspectionat Seivices Depa1tment prnof of a cummt Dispensary Agent registration, issued by the Commonwealth of Massachusetts, before a Permit can be issued.

8. In order to support execution of responsibilities set forth in this regulation, a Dispensary Agent Permit foe shall be assessed in an a1nount that shall be set by the Chief of the lnspectional Services Depa1trnent and may be amended at the discretion of the Chief of the lnspectional Services Department.

30

9. Ali Dispensary Agent and Operating Pc1mits expire annually on December 31st and shall be vnlld for a maximum term of one year, renewable annually on January 1,1.

10. No pennit issued l1l1der this regulation may be trnnsferrnd to any other person or entity.

SECTION 8:00 REQUIREMENTS AND PROHIBITIONS

1. The cultivation, processing, distribution, sale and use of marijuana for medical purposes shall be conducted In compliance with all laws, ordinances, regulation or policies applicable to similar uctivitics. This shall include, but not be limited 10 compliance with Food Service Health Permit requirements, Weights and Measures requirements, the City of Lynn Noise ordinance, Clean 11.ir Works Workplace Smoking and TI-Cigarette Regulation, and any and all requirements associated with zoning and permitting.

2. The cultivation, processing, distribution, or sale of marijuana for medical puqmses shall not exempt any person or entity from complying with all state and local laws, ordinances, regulation and policies. Violatio11 of any other such law shall constitute a violation of this regulation and be subject to the fines and penalties described herein. Nothing in this Regulation gives any immunity under federal law or poses an obstacle to federal enforcement of federal law.

3. The issuance of an Opel'ating Permit under this regulation shall be conditioned on Registration approval by the Massachusel\s Department of Public Health as required by state law and regulations. Any revocation of a Medical Marijuana Treatment Center's state registration shall result in an automatic suspension of that Medical Marijuana Tl'eatment Center's Operating Penni!.

4. Medical Marijuana Treatment Centers shall submit a security plan for review to Chief of the Lynn Police Depaitment and the Chief of the lnspectional Services Department detailing all sccm·ity measures taken to ensure patient and community safety and eliminate unauthorized access to the premises. The Lynn Police Department and the Chief of the lnspectional Services Depattment may issue guidelines or othe1· procedure setting forth specific security require1nents. Unless specified by any other state or local rcquiretnent or agree1nelll as to the hours of operation of a Medical Marijuana Treatinent Centel', the Chief of the Inspectional Se1'Vices Department, in consultation with Lynn Police Depaitment, neighborhood associations, community organizatlons and residents, may set limitations on the hours of operation of any Medical Marijuana Treatinenl Center.

5. Each Medical Marijuana Tl'eatment Center must hold an annual community meeting to provide abutters and community residents with an oppo1tunity to comment on the Medical Marijuana Trcatn1cnt Center's operating practices, policies and plans.

6. Medical Marijuana Treattnent Centers n1ust offer a secul·e patient or personal caregivel' home delivery system that serves every address within Lynn's city limits and provides patient or personal caregiver ho1ne delivery service to any patient or personal caregiver residing in the City of I.,ynn who suffers a physical incapacity to access transportation as described by 105 CMR 725.035(A)(2).

7. A Medical Marijuana Treatment Center shall submit a plan for review to the Chief of the lnspeclional Services Department detailing its plans to provide 1·educed cost or free n1al'ijuat1a to patients with documented verified financial hardship as required by 105 CMR 725.100(A)(6). lfsaid plan is deemed insufficient to ensure adequate patient access, no Operating Permit shall be issued.

8. The Chief of the lnspectional Services DepartJnent inay set further 1i1nitalions on signagc and advertising of Medical Mal'ijuana Treatment Centers, and may rnqui1·e the distribution of educational materials. Signage limitations may include, but need not be limited to those set forth in 105 CMR

31

725(105)(L)., Including restrictions on the use of images related to marijuana or marijuana paraphernalia, size and visibility of marijuana displays from outside a Medical Marijuana Treatment Center. Educational materials to be distributed may include a "patients' bill of rights" along with information on addiction and h·eat1nont resources.

9. A Medical Marijuana Treatment Center may not sell any products other than marijuana. For purposes of this subsection, "marijuana" may include Marijuana Infused Products, marijuana seeds, and othc1· products that facilitate the use of marijuana for medical purposes, such as vaporizers. Medical Marijuana Treatment Centers may not Sell any tobacco product, or other nicotine delivery product, incl11ding e-cigarettc ca1il'idges or liquids that contain nicotine.

10. Medical MadjuallO Treatment Centers shall submit data and reports to the Chief of the lnspcctional Services Department in a form and manner detel'lnined by the Chief of the lnspectional Services Department.

11. Tl1e issuance or renewal of an Operating Permit may be conditioi1ed up the approval of any plan ot• compliance with this Regulalion or any guideline or requirement issued under the authority of this Regulation.

12. Issuance and maintaining a Dispensary Agent Permit shall be conditioned on an applicant's ongoing compliance with current Commonwealth of Massachusetts requirements and policies regarding marijuana sales.

13. A Dispensary Agent Permit will not be renewed if the Permit Holder has foiled to comply with any corrective action plan and/or has not satisfied any outstanding Permit suspensions.

14. Dispensaiy Agents must present theil' state Registration Card and Dispensmy Agent Petmit to any law enforcement official or municipal agent who questions the agent concerning their marijuana-related activities.

15. Inhaling, exhaling, buming or carrying any lighted or vaporized substance in any manner 01· fotm, including marijuana used for medical m· any other purpose in a workplace shall constilllte a violation of this regulation and shall be subject to the fines and penalties stated in the Clean Air Works Workplace Smoking and £-Cigarette Use Regulation.

SECTION 9:00 ENFORCEMENT AND PENALTIES

I. Authority to inspect Medical Marijuana Treatment Centel' s for compliance and to enforce this l'egulation shall be held by the City of Lynn lnspeetional Services Department, and the Lynn Police Deparltnent

2. Any person may register a complaint under this Regulation lo initiate an investigation and enforcement with the Chief of the Jnspectional Services Department. Unscheduled compliance inspections shall be conducted at a minimum oftlU'ee inspections annually.

3. Any fines or fees collected uncle!' this regulation shall be used for the administratioll and enforcement of this regulation and/or for any activities incidental to the regulation of medical marijuana.

4, It shall be the responsibility of the Medical Marijuana Treatment Center Occupancy Permit holder and/or individual in charge of the Medical Marijuana Treatment Center to ensure compliance with all applicable sections of this regulation. Any Medical Marijuana Tl'eatment Center found to be in violation of any of the provisions of these regulations may

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Documents

ATTORNEYS AT LAW - Mass.Gov Costello &Crawford ATTORNEYS AT LAW June 27, 2017 Department of Public Health Medical Use of Marijuana Program RMD Applications 99 Chauncy Street, 11th