Sec.21a-408-14. Dispensary facility license selection

(a) The department shall publish on its Internet web site, and in such other places as the department deems appropriate, a notice of open applications for dispensary facility licenses. Such notice shall include, but not be limited to:

(1) The maximum number of licenses to be awarded;

(2) Information on how to obtain an application;

(3) The deadline for receipt of applications;

(4) Acceptable methods for submitting an application;

(5) The preferred locations, if any, for the dispensary facility licenses; and

(6) The criteria that shall be considered in awarding the dispensary facility licenses.

(b) Following the deadline for receipt of applications, the commissioner shall evaluate each complete and timely submitted application and award dispensary facility licenses on a competitive basis based on the criteria set out in the notice for applications. In the event the commissioner determines that there are an insufficient number of qualified applicants to award all of the dispensary facility licenses that the commissioner has determined are desirable, the department may republish, in accordance with this section, a notice of open applications for dispensary facility licenses.

(c) The commissioner shall consider, but is not limited to, the following criteria in evaluating dispensary facility license applications:

(1) The character and fitness of the dispensary, dispensary facility backers and any other person who may have control or influence over the operation of the proposed dispensary facility;

(2) The location for the proposed dispensary facility including, but not limited to:

(A) Its proximity to previously approved dispensary facilities or pending dispensary facility applications;

(B) Whether the registered patient population in the area proposed by the dispensary facility applicant justifies the need for a dispensary facility, or an additional dispensary facility, in that area;

(C) Whether the proximity of the proposed dispensary facility will have a detrimental effect upon any place used primarily for religious worship, public or private school, convent, charitable institution, whether supported by private or public funds, hospital or veterans' home or any camp or military establishment; and

(D) Whether the number of dispensary facilities in the locality is such that the granting of a license is detrimental to the public interest. In reaching a conclusion in this respect, the commissioner may consider the population of, the number of like licenses and number of all licenses existent in, the particular town and the immediate neighborhood concerned, the effect that a new license may have on such town or neighborhood or on like licenses existent in such town or neighborhood.

(3) The applicant’s ability to maintain adequate control against the diversion, theft and loss of marijuana;

(4) The applicant’s ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the dispensing and sale of marijuana; and

(5) The extent to which the applicant or any of the applicant’s dispensary facility backers have a financial interest in another licensee, registrant or applicant under the Act or sections 21a-408-1 to 21a-408-72 of the Regulations of Connecticut State Agencies.

(6) Any other reason provided by Connecticut state or federal statute or Connecticut state or federal regulation that is not inconsistent with the Act or sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies and that warrants consideration.

(d) The commissioner shall have the right to amend the notice of open applications prior to the deadline for submitting an application. Such amended notice shall be published in the same manner as the original notice of open applications.

(e) The commissioner shall have the right to cancel a notice of open applications prior to the award of a dispensary facility license.

(f) The commissioner may disqualify any applicant who:

(1) Submits an incomplete, false, inaccurate or misleading application;

(2) Fails to submit an application by the published deadline; or

(3) Fails to pay all applicable fees;

(g) The decision of the commissioner not to award a dispensary facility license to an applicant shall be final.

(h) If an applicant has been awarded a dispensary facility license and has not commenced operation of such facility within one hundred twenty days of being notified of the dispensary facility license award, the commissioner may, in the commissioner’s discretion, rescind such dispensary facility license, unless such delay was caused by a force majeure. A dispensary facility shall be deemed to have commenced operation if the dispensary facility is capable of operating in accordance with the dispensary facility applicant’s approved application. In the event a dispensary facility license is rescinded pursuant to this subsection, the commissioner may award a dispensary facility license by selecting among the qualified applicants who applied for the dispensary facility license subject to rescission.

(Effective September 6, 2013; Amended August 28, 2018)