Section 22-C5402. SELECTION PROCESS

 

5402.1A six (6) member panel shall be convened consisting of one (1) representative from the Department, District Department of the Environment (DDOE), Office of the Attorney General (OAG), Department of Real Estate Services Protective Services Division (PSD), DCRA, and a consumer representative or patient advocate, selected by the Director, to evaluate and score each application.  Each panel member shall score each application on a two hundred and fifty (250) point scale.  An applicant’s overall score is based upon the quality of the applicant’s submission, and the ANC comments, by discarding the highest and lowest panel member scores, adding up the four (4) remaining scores, and dividing that total by four (4).  A dispensary applicant may also submit an educational materials plan, which shall be worth up to twenty (20) additional bonus points.  A cultivation center applicant may also submit an environmental plan, which shall be worth up to twenty (20) additional bonus points.  The maximum points for each criterion are indicated in section 5403 of this subtitle.  To be considered eligible for further review, an application must have at least one hundred and fifty (150) points prior to the ANC review.  The panel shall set forth through consensus comments the basis of the scoring decision for each criterion. 

 

5402.2             Prior to seeking ANC review, the panel shall calculate a provisional score based upon the then available points and bonus points.  The provisional score will be calculated by discarding the highest and lowest panel member scores, adding up the four (4) remaining scores, and dividing that total by four (4). The provisional scores shall be ranked from highest to lowest and the Panel shall provisionally select not more than the twenty (20) highest ranking cultivation center applicants, and not more than the ten (10) highest ranking dispensary applicants, for ANC review.  The provisional selection decision shall be made in writing to the successful applicants. Notice shall also be provided by the Director to applicants that are not selected.

 

5402.3 The applications provisionally selected by the panel shall be placarded by the Director with notice given to each ANC in the affected Ward, and shall state that the ANCs must submit their comments to the Director not later than thirty (30) days after receiving the notice. 

 

5402.4 The ANC comments received during the comment period, shall then be forwarded to the panel, which shall have thirty (30) days to evaluate and score the ANC comments.  The ANC comments shall be worth up to fifty (50) points of the total scoring for each provisionally selected applicant.

 

5402.5The panel shall then forward its final proposed selections, which shall include not more than the ten (10) highest ranking cultivation center    applicants, and not more than the five (5) highest ranking dispensary    applicants to the Director, which shall include a narrative of the basis for    each of the panel’s final proposed selections. 

 

5402.6 In the event that two (2) or more applicants for a cultivation center registration receive the same total score, and the panel is permitted to    select only one, the panel shall select the applicant that received the    highest score in the security plan category.  In the event that the same two    (2) applicants received the same score in the security plan category, the    panel shall select the applicant that received the highest score in the    cultivation plan category.

 

5402.7 In the event that two (2) or more applicants for a dispensary registration

receive the same total score, and the panel is permitted to select only one, the panel shall select the applicant that received the highest score in the    security plan category.  In the event that the same two (2) applicants    received the same score in the security plan category, the panel shall select   the applicant that received the highest score in the product safety and    labeling plan category.

 

5402.8 In the event that a selected cultivation center or dispensary application is subsequently denied by the Director, the applicant who received the next highest qualifying score from the panel who was not initially accepted shall be selected. 

 

5402.9An applicant submitting a cultivation center or dispensary registration application shall be required to submit the five thousand dollar ($5,000) application fee, fifty percent (50%) of which shall be non-refundable, at the time the cultivation center or dispensary application is filed with the Director. 

authority

The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).

source

Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10177 (December 2, 2011).