The New Jersey Department of Health posted answers to the 530 questions it received on its website concerning the application for the six new Alternative Treatment Center licenses it will issue this fall.
The final of the three batches was posted Aug. 20.
Here are some of the issues addressed:
- Section III of the RFA states that “Individuals and entities with a 25% stake (in the form of debt, equity, or other financial relationship) in any of the currently permitted ATCs, or entities responsible for the management of currently permitted ATCs” are ineligible to apply. a. What constitutes a 25% stake in the currently permitted ATCs given that they are non-profit corporations? b. Is a trustee or officer of a currently permitted ATC precluded from being a principal, investor, director or officer of an applicant? c. If so, will the DOH accept an application in which the trustee or officer of a currently permitted ATC agrees to fully divest his or herself of a his or her relationship with the currently permitted ATC, contingent upon the applicant being chosen to proceed in the permitting process? “As the potential applicant notes, 25% means any individual or entity that maintains debt, equity, financial relationship or any other interest of an existing ATC that equals or exceeds 25%. Board members, trustees, and officers of non-profits would be considered to have an interest in that non-profit. Regarding the last question, contingent divestment of a relationship with an existing ATC will not be accepted by the Department.”
Is an applicant required to disclose a criminal violation on his or her Personal History Disclosure that was expunged by judicial order? “If your criminal conviction was expunged by a court of competent jurisdiction, then disclosure of the conviction is not required. If you have questions regarding an expungement, you should consult an attorney.”
What are the minimums and maximum amount of square footage that N.J. is looking for in a facility? “There are no minimums or maximums.”
What exactly is meant by market diversification? Is the state looking for additional product lines or forms of medical cannabis? Or is the state looking for more diversity among producers? If looking for more diverse producers, does this bar existing out of state producers from applying? If not barred, are existing producers or associates or employees of existing producers allowed to enter into joint ventures to seek a new license? “The Department is seeking diversity in all aspects of the operation, including but not limited to products, producers, and location. There is no residency requirement for applicants. Refer to pre-application conference materials for additional information.”
Regarding what type of products applicants can propose – questions were asked about the possibilities of oils, capsules, vape cartridges and edibles. “Pursuant to N.J.S.A. 24:6I-7, an alternative treatment center may package and directly dispense marijuana to qualifying patients in dried form, oral lozenges, topical formulations, or edible form, or any other form as authorized by the commissioner. Edible form shall include tablets, capsules, drops or syrups and any other form as authorized by the commissioner. Edible forms shall be available only to qualifying patients who are minors.”