Pubdate: Sat, 08 Nov 2014
Source: Boston Globe (MA)
Copyright: 2014 Globe Newspaper Company
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
Authors: Shelley Murphy and Kay Lazar

STATE APPROVES BOSTON'S FIRST MEDICAL MARIJUANA DISPENSARY

State health officials on Friday approved a highly coveted license 
for Boston's first medical marijuana dispensary, selecting Patriot 
Care Corp. to operate a facility near Downtown Crossing.

The company, which was already provisionally approved to open a 
dispensary in Lowell, also won permission Friday for a location in 
Greenfield, making it the only company positioned to run three 
dispensaries in Massachusetts.

In addition, state officials said they would allow another company to 
move forward with plans to open dispensaries in Brookline and 
Northampton - a decision that drew sharp criticism from some critics 
who allege the company has received special treatment.

The Patrick administration put the plans of the company, New England 
Treatment Access, on hold in August after the Globe reported that its 
chief executive had falsely claimed to be a college graduate on the 
firm's applications to the state.

The licensing process has been slowed by repeated disclosures, from 
media and competing applicants, about questionable backgrounds of 
some company officials and misrepresentations. No dispensaries have 
opened, despite state officials' initial prediction they would open 
by this past summer.

On Friday, Karen van Unen, chief executive of the state's medical 
marijuana program, said in a news release, "I am pleased with the 
steady progress we are making and expect the first dispensaries to 
open later this winter."

Two other companies received permission Friday from state health 
regulators to move forward with medical marijuana dispensaries: 
Coastal Compassion in Fairhaven and MassMedicum in Taunton.

To date, Massachusetts has conditionally approved 15 applicants 
across the state, which still must pass inspection and win local 
zoning approval before they can begin growing and selling marijuana. 
No dispensaries have been selected for the counties of Hampden, 
Berkshire, Dukes, and Nantucket.

"We are concerned about underserved counties," van Unen said in a 
brief telephone interview. She said the state hopes to start 
accepting more applications for dispensaries in the spring.

Patriot Care spokesman Dennis Kunian said the company does not have a 
timeline on when it might be open for business in Boston. He said 
company officials have spoken to some Boston city councilors and 
neighborhood groups about its proposed dispensary at 21 Milk St. and 
will begin the process of seeking approval from city officials.

"We have a lot of work to do and we are very excited," Kunian said. 
"We want to do the city proud."

Patriot Care has faced legal challenges and questions about its 
dispensary operations in Washington, D.C., and Arizona. The company 
also applied for a license in Connecticut, but was not selected by 
regulators there.

Boston Mayor Martin J. Walsh had urged the state to restart the 
dispensary process earlier this year, following allegations that some 
winning applicants provided false or misleading information that made 
it appear that they had had support from elected officials.

On Friday, Walsh's press secretary, Kate Norton, issued a statement 
saying, "The City will work with our partners at the state level to 
ensure that any dispensary in Boston complies with all local 
regulations and guidelines."

The state announced Friday that it has allowed New England Treatment 
Access to proceed with plans for dispensaries in Brookline and 
Northampton, months after the Patrick administration said it halted 
the plans because the Globe had reported the company's director, 
Kevin Fisher, falsely claimed to be a college graduate.

At the time, the governor said, "I've said before: If you lie on the 
application, that is, from my perspective, a nonstarter."

Van Unen said the state decided to let the company keep its 
conditional approval partly because Fisher had resigned and was no 
longer associated with the company.

"We feel NETA is in a position to meet the standards we expect them 
to meet," she said.

The decision angered a group of Brookline residents who had lobbied 
regulators to remove the company from consideration after the 
problems with Fisher's resume were revealed.

"It undermines the whole process that someone can lie on the 
application and, for reasons that aren't clear, be reconsidered," 
said Gordon Bennett.

"What's changed?" he asked. "If they were put on hold earlier, why 
are they being taken off hold now?"

Dot Joyce, a spokeswoman for NETA, said the company "remains well 
prepared and educated on this emerging industry with some of the most 
knowledgeable and experienced people in the fields of medicinal 
marijuana standards and practices."

The state's selection progress has been plagued by controversy for 
the past year. Voters approved a ballot initiative in November 2012 
that legalized marijuana for medical treatment. The state is 
authorized to select up to 35 nonprofits to open dispensaries around 
the state, including at least one, but no more than five, in each county.

In January, state regulators announced that they had granted 
preliminary approval to 20 of 100 applicants seeking to open 
dispensaries. But the state launched a more thorough examination of 
the companies after the media and losing applicants raised concerns 
about misrepresentations, financial arrangements, and conflicts of 
interest involving several of the companies, as well as the 
backgrounds of their principals. A number of lawsuits were filed 
against the state by losing applicants.

In June, state health regulators announced that they had eliminated 
nine of the 20 remaining applicants, including a company led by 
former US Representative William Delahunt that had proposed 
dispensaries in Taunton, Plymouth, and Mashpee.

Reasons for rejection ranged from questionable corporate structures 
that appeared to violate requirements that the companies operate as 
non-profits; misrepresenting local support; and omitting one 
investor's drug conviction.

Dr. James Kurnick, chief executive of MassMedicum, said his company 
was relieved to be selected for Taunton.

"It's been a long process, and we have put lot of time, money, and 
effort into this," said Kurnick, a cancer researcher and part-owner 
of two biotechnology companies. "We are a medical group, and we hope 
we can do this in a medical fashion."

Tim Keogh, president of Coastal Compassion, said the company hopes to 
open its Fairhaven facility in fall 2015.

"I want to assure the town of Fairhaven and the local community that 
our top priority is the safety of the patients and the public and we 
pledge to work transparently throughout the process."
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MAP posted-by: Jay Bergstrom