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This entry was published on 2021-04-09
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SECTION 64
Selection criteria
Cannabis (CAN) CHAPTER 7-A, ARTICLE 4
§ 64. Selection criteria. 1. The board shall develop regulations for
use by the office in determining whether or not an applicant should be
granted the privilege of an initial adult-use cannabis license, based
on, but not limited to, the following criteria:

(a) the applicant is a social and economic equity applicant;

(b) the applicant will be able to maintain effective control against
the illegal diversion or inversion of cannabis;

(c) the applicant will be able to comply with all applicable state
laws and regulations;

(d) the applicant and its officers are ready, willing, and able to
properly carry on the activities for which a license is sought including
with assistance from the social and economic equity and incubator
program, if applicable;

(e) where appropriate and applicable, the applicant possesses or has
the right to use sufficient land, buildings, and equipment to properly
carry on the activity described in the application or has a plan to do
so if qualifying as a social and economic equity applicant;

(f) the applicant qualifies as a social and economic equity applicant
or sets out a plan for benefiting communities and people
disproportionally impacted by enforcement of cannabis laws;

(g) it is in the public interest that such license be granted, taking
into consideration, but not limited to, the following criteria:

(i) that it is a privilege, and not a right, to cultivate, process,
distribute, and sell adult-use cannabis;

(ii) the number, classes, and character of other licenses in proximity
to the location and in the particular municipality, subdivision thereof
or geographic boundary as established by the board;

(iii) evidence that all necessary licenses and permits have been or
will be obtained from the state and all other relevant governing bodies;

(iv) effect of the grant of the license on pedestrian or vehicular
traffic, and parking, in proximity to the location;

(v) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;

(vi) the ability to increase climate resiliency and minimize or
eliminate adverse environmental impacts, including but not limited to
water usage, energy usage, carbon emissions, waste, pollutants, harmful
chemicals and single use plastics;

(vii) the effect on the production, price and availability of cannabis
and cannabis products;

(viii) the applicant's history of violations and compliance with the
laws of another jurisdiction, in which they operate or have operated a
cannabis license or registration, related to the operation of a cannabis
business;

(ix) the applicant's history of violations related to the operation of
a business, including but not limited to, violations related to labor
laws, federal occupational safety and health law and tax compliance; and

(x) any other factors specified by law or regulation that are relevant
to determine that granting a license would promote public convenience
and advantage, public health and safety and the public interest of the
state, county or community.

(h) the applicant and its managing officers are of good moral
character and do not have an ownership or controlling interest in more
licenses or permits than allowed by this chapter, or any regulations
promulgated hereunder;

(i) the applicant has entered into a labor peace agreement with a
bona-fide labor organization that is actively engaged in representing or
attempting to represent the applicant's employees, and the maintenance
of such a labor peace agreement shall be an ongoing material condition
of licensure. In evaluating applications from entities with twenty-five
or more employees, the office shall give consideration to whether
applicants have entered into an agreement with a statewide or local
bona-fide building and construction trades organization for construction
work on its licensed facilities;

(j) the applicant will contribute to communities and people
disproportionately harmed by enforcement of cannabis laws through
including, but not limited to, the social responsibility framework as
provided in section sixty-six of this article and report these
contributions to the board;

(k) if the application is for an adult-use cultivator or processor
license, the environmental and energy impact, including compliance with
energy standards, of the facility to be licensed;

(l) the applicant satisfies any other conditions as determined by the
board; and

(m) if the applicant is a registered organization, the organization's
maintenance of effort in manufacturing and/or dispensing and/or research
of medical cannabis for certified patients and caregivers.

2. If the board is not satisfied that the applicant should be issued a
license, the executive director shall notify the applicant in writing of
the specific reason or reasons recommended by the board for denial.

3. The state cannabis advisory board shall have the authority to
recommend to the board the number of licenses issued pursuant to this
article to ensure a competitive market where no licensee is dominant in
the statewide marketplace or in any individual category of licensing, to
actively promote and potentially license social and economic equity
applicants, and carry out the goals of this chapter.