Question. Are there any regulations/restrictions related to transportation. (in house and/or 3rd party)?

Transcription

1 Question Are there any regulations/restrictions related to transportation. (in house and/or 3rd party)? Does the application need to be postmarked by Aug. 31, 2018, or received by August 31, 2018? Response Pursuant to N.J.A.C. 8: , an ATC that cultivates medicinal marijuana at one location and dispenses it at a second location is required to have a delivery plan for the transportation of the marijuana from the cultivation site to the dispensing site. The delivery of medical marijuana to a patient is prohibited, as set forth in N.J.A.C. 8: All applications must be received at the Department by 5:00 PM EST on August 31, Please refer to the instruction given at the Pre- Application Multiple sections of the application request information on assuring quality control and testing procedures of medical cannabis products. All testing is currently performed by the Department of Health's Does New Jersey currently license independent labs to perform Public Health Laboratory. See N.J.A.C. 8: The QA and QC pesticide, mold, and potency screening for medical cannabis? If not, are questions relate to internal processes for ATCs, as well as there plans to grant those licenses in the future? Are ATCs expected to compliance with current testing protocols. build and maintain their own in-house lab screening equipment? For the purposes of Part A, are companies considered affiliates and/or entities related to the ATC entity only if the ATC entity itself is owned by or has an ownership interest in another company? In Part A of the application, how is an affiliate or related entity defined? Does it pertain to any contractual relationship? For example, if we have hired a landscaping company to perform services for an existing facility in another state, are they considered an affiliate or related entity? How is affiliate of an ATC defined? Throughout the application there is reference to parent, subsidiary, affiliate, predecessor, successor, and entities related to the ATC Entity. Can you define or elaborate on what is meant as entities related to the ATC Entity? What is the definition of affiliate of an ATC Entity? Need clarification regarding what is a joint venture and is it documented anywhere in the program rules? What does the term employee mean? Is an independent contractor considered an employee? PHD Form, Question 10 asks for the individual to list all offices and fiduciary positions he/she has held. Does the Department have a definition of those terms for purposes of this question? How does the DOH define "indigent"? Are there specific criteria that an ATC should consider in determining "indigent" status? Numerous questions in the Permit Application Part A use the terms owner, affiliate, and related entity. How should an applicant interpret these terms? Please provide guidance regarding the definition of these terms. Please define the term intended contractual relationship as used in question 22 of Permit Application Part A.

2 Please define the term investor group as used in question 20 of Permit Application Part A. Please define the following terms as used in questions 17 through 20 of Permit Application Part A (and elsewhere in the application forms): owner, principal, partner, investor, member, board member, director, trustee, officer, employee, parent, subsidiary, affiliate, predecessor, successor, and related entity. Section 21 of the Application uses the terms paid staff and consultants. Is it correct to assume that paid staff means the legal equivalent of employee? Is it correct to assume that consultants means the legal equivalent of an independent contractor with regard to an individual? RE: the request for "Methods and practices related to odor mitigation, sanitation and airflow." Does the State have any particular preferences or requirements as to how these are achieved? In lieu of these, I can refer to Oregon and Colorado requirements, but the term "sanitation" is unique to New Jersey so I wanted to see what specifically that means to the State. On question 21 in DMM-01A, how does the Department define persons "in any way affiliated" with the operation or funding of the entity? In many instances the application uses the terms affiliate and related entity, no definition of either term is provided nor does these terms appear to be defined in the New Jersey Compassionate Use Medical Marijuana Act or the regulations promulgated or proposed thereunder. Are there recommended definitions an applicant can rely on in another statute or regulation under New Jersey or Federal Law? Refer to N.J.A.C. 8: for additional guidance. The current language contemplates anyone with a 5% ownership stake (or greater) having to disclose that level of personal history. My question is to what specifically does the 5% threshold apply in the case where an entity such as an LLC is an investor / owner? Is it limited to the manager of the LLC if the LLC owns 5% or greater? Number 30 refers to criminal history. It defines Offense as all felonies, misdemeanors., violations of probation or any other court order, and juvenile offenses that occurred within the most recent 10 year period. Is the question asking for anything in the last ten years, or does the ten year period only refer to juvenile offenses? An individual with 5% or more direct or indirect ownership interest is required to submit a disclosure form to the Department. An individual with less than 5% direct or indirect ownership interest is exempt from submitting a disclosure form to the Department. See N.J.A.C 8: Any and all offenses occurring within the last 10 years. Can a non-recommending NJ physician own a stake in the company? If so, how long must he/she abstain from recommendations before being eligible? If a physician does not recommend, but belongs to a group that has other physicians that do recommend, does that impact his/her status for potential ownership? Any physician wishing to invest in an ATC should consult with private counsel and/or the Board of Medical Examiners. Any physician wishing to invest in an ATC should consult with private counsel and/or the Board of Medical Examiners. Can a recommending NJ physician own a stake in the company? Any prescribing physician wishing to invest in an ATC should consult with private counsel and/or the Board of Medical Examiners.

3 What are the rules, regulations, or laws with which we should be familiar when preparing the application? The existing rules only (NJAC 8:64)? The 2013 amendment (PL 2013, Chapter 160)? Should the most recent proposal (PRN ) be considered? What is the maximum number of proposed site locations allowed per application? Applicants are encouraged to review the Compassionate Use of Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., and the Department of Health s Medicinal Marijuana Rules, N.J.A.C. 8: et seq., for additional information regarding New Jersey s Medicinal Marijuana Program. The Act and the Rules are on the Department of Health s Medicinal Marijuana website. The existing rules are currently in effect. Applicants can cultivate in one location and dispense in a second, but both locations must be in the same region. Refer to N.J.A.C. 8: For each proposed ATC, the applicant must submit a full and complete application, including fee. In order to create a level playing field, will new applicants be able to apply for more than one dispensary considering the existing ATC's now have the ability to expand into satellite locations? If not, can we submit one primary site location for our ATC along with another "back-up" location within the same region? (Our group secured control of multiple site locations in the same region for dispensaries before the RFA came out, so we are wondering if we must pick one, or can apply for more than one, or can have a primary and back-up in the same region.) Applicants can cultivate in one location and dispense in a second, but both locations must be in the same region. Refer to N.J.A.C. 8: For each proposed ATC, the applicant must submit a full and complete application, including fee. Must an applicant submit multiple locations as part of the RFP response if planning to operate a retail location separate from its primary cultivation location within a particular region. Is there a Department of Health inventory track systems we must integrate with? Applicants can cultivate in one location and dispense in a second, but both locations must be in the same region. Refer to N.J.A.C. 8: For each proposed ATC, the applicant must submit a full and complete application (identifying the cultivation and dispensing locations). Applicants may choose their own inventory tracking system. Which Statute or Regulation defines the 1000 sq. ft distance for sensitive use? Further, please confirm sensitive uses include school, church, temple or other places used exclusively for religious worship or a playground, park or child day care facility? Can a municipality override this requirement? Applicants should review the Federal Drug Free School Zones Act, 21 U.S.C. 860, and the New Jersey Drug Free School Zone Law, N.J.S.A. 2C:35-7, as well as consult with their local municipality concerning compliance with local codes and ordinances including, but not limited to, the distance to the closest school, church, temple or other places used exclusively for religious worship or a playground, park or child day care facility from the alternative treatment center. Refer to N.J.A.C. 8: If there is additional information or developments that become available or known to the applicant, can the original application be supplemented after it is filed? For example, at the time of filing, the applicant has a letter of intent for the leasing of the dispensary property and 30 days after the application is submitted, the applicant and the landlord execute the actual lease agreement. Is the applicant permitted to supplement its application to reflect the lease being executed? Applications may not be supplemented after the application period closes.

4 Section 5 requests information that a proposed ATC has sufficient capital to support the start up and operations. Will evidence of individual investors and proof of adequate liquidity be weighted the same as though those funds had already been deposited into the proposed ATC entity s bank account under its EIN number? Does this license allow the ATC to open multiple locations or is each ATC restricted to one location? sufficient capital to support the business. ATCs can cultivate in one location and dispense in a second, but both locations must be in the same region. Refer to N.J.A.C. 8: Will the new ATC be allowed to Cultivate and Manufacture in a location separate from their dispensary? If so, are special licenses required for transportation from the grow/manufacturing facility to the dispensary? Are there restrictions on where the cultivation/manufacturing facility can be relative to the dispensary (ie. same county, max distance from dispensary, etc)? ATCs can cultivate in one location and dispense in a second, but both locations must be in the same region. Refer to N.J.A.C. 8: How many licenses will be available in each region for a cultivation center? How many licenses will be available in each region for a dispensary? If we submit applications for the three different regions, will one application have any impact on the score of the others? Will applicants be scored on their timelines for construction and permitting based on who can open on the fastest timeline? If more than one (1) applicant submits an application with the same physical address/property identified as location for a proposed alternative treatment center (ATC), all with evidence of site control in the form of ownership or lease, would all/any of those applications be subject to disqualification or in any way lose points on their individual application? When evaluating applications, what weight, if any, will be given to entities with a history of incorporation in New Jersey as opposed to new LLCs formed for the express purpose of holding an ATC license? For a variety of liability and insurance reasons, we would prefer to create a brand new entity with which to apply for an ATC license. The members of this new LLC have operated a medical practice in New Jersey and been involved in non-profit and community organizations, and that information will be reflected in our application. Would that history be weighted equally as it relates to the individual members as opposed to the history of the entity itself? What is the difference between Provide cost-effective medicinal products to qualified patients and their caregivers and Ensure their proposed products are affordable to the patient population and Applicants are encouraged to submit proposed/sample pricing information. Can one application have more than one location suitable for cultivation in the same region? ATCs will be expected to be vertically integrated and handle all facets of operation from seed to sale. ATCs will be expected to be vertically integrated and handle all facets of operation from seed to sale. Awards will be based on the quality of the applications including the applicant's ability to fulfill the intent and purpose of CUMMA. The points awarded for an application will be consistent with the scoring criteria set forth in the application. The points awarded for an application will be consistent with the scoring criteria set forth in the application. Awards will be based on the quality of the applications including the applicant's ability to fulfill the intent and purpose of CUMMA. Scoring of applications will be consistent with the scoring criteria set forth in the application. Cost-effective is a measure looking at how applicants intend to keep prices down in relation to the rest of the market. Affordability is looking at what sort of market research the applicant has done and whether or not their products will be affordable. Proposed sample pricing information is one way to support this explanation. For each proposed ATC, the applicant must submit a full and complete application, including fee.

5 Can the Department provide more detail on how and when background Background check forms will be provided when and if required. checks and fingerprinting will be conducted? Questions 21, 22, and 26 of the Permit Application Part A each provide that [s]ome or all of the persons or entities listed may be required to complete a Personal History Disclosure Form and/or an Entity Disclosure Form prior to the State s decision to issue a permit. When and how will the applicant be notified of this requirement? Is fingerprinting necessary or can we process background checks online? Are individuals required to submit fingerprints to law enforcement prior to submitting the application or is the background check performed for the application based solely on the consent given in the Personal Disclosure Form? The Request for Application states For the Permit Application Part B, applicants must limit total attachments, not including the requested floor plans and interior renderings, to 300 total pages. Any attachment past the 300th page (excluding floor plans and renderings) will not be reviewed. Please verify whether this page limit refers to the entirety of Permit Application Part B or the individual measures. Disclosure forms will be provided when and if required. Background check forms will be provided when and if required. Background check forms will be provided when and if required. The limit applies to the entirety of Part B. Please refer to the instruction given at the pre-application conference. Does indoor cultivation include the use of a greenhouse for cultivation? Yes. Q.24 - If the entity did not exist prior to application development, and therefore does not yet have financial account information, is none or N/A an acceptable response - with the understanding that supporting evidence of sufficient capital shall be provided elsewhere in the application materials? Criterion 1, Measure 5b references evidence of access to sufficient capital. What constitutes "evidence", with respect to this question? Given that these documents are part of the 300-page attachment limit, will summary documents, such as Letters of Commitment, be sufficient? Or would evidence of account balances be necessary, such as bank statements or letters from a financial institution certifying the required capital is on deposit? sufficient capital to support the business. sufficient capital to support the business. Part B, If applicants are new business entities with no financial activity, do they need to submit certified financial statements? Will the applicant lose out on the points allocated for this section by virtue of being a new entity? Or is this question geared towards requesting financial information about the owners and investors? sufficient capital to support the business. Criterion 1, Measure 5c, This prompt refers to an Independent Certified Public Accountant - must this person be certified by the State of NJ? Must they be approved by the Department, per 8: (b)(2)? If such approval is required, how can applicants access information about approved accountants? sufficient capital to support the business. N.J.A.C. 8: (b)(2) is inapplicable to this RFA as this rule pertains to audits initiated by the Department.

6 Measure 5(c) refers to Financial Suitability and Sustainability specifically requesting Certified financial statements (audited or reviewed) in accordance with applicable standards by an independent Certified sufficient capital to support the business. An applicant should use Public Accountant, which include a balance sheet, income statement, sound business judgement regarding its investor pool as all and statement of cash flow, and all applicable notes for the most investments must be vetted. recent calendar or fiscal year. We would like to confirm that this is for the corporation itself and not individual principals. This will be a new entity with no prior history, thus audited statements are not possible. Are accountant prepared projections suffice? sufficient capital to support the business. Measure 5b references evidence of access to sufficient capital What type of capital is sufficient? Would a low risk investment portfolio be acceptable? Or perhaps mortgage pre-approval? Lines of credit? Letters sufficient capital to support the business. An applicant should use of Commitment from potential investors? Are there preferred sound business judgement regarding its investor pool as all conversion timeframes if the capital is not currently liquid or investments must be vetted. immediately available? Number 2 seeks debt disclosure. Principals of the entity will be funding expenses, the funds are held personally. Is it necessary to list these funds as a debt, when it is an investment of money? Can the funds being posted by principals be deposited as necessary after approvals are granted? sufficient capital to support the business. An applicant should use sound business judgement regarding its investor pool as all investments must be vetted. sufficient capital to support the business. ATC should use sound business judgement regarding its investor pool as all investments must be vetted. When do we have to be operational in terms of days or months for the cultivation site and for the dispensary site? The applicant shall provide its plan for mobilization and operation within its application. Applicants awarded an ATC permit would be expected to move expeditiously to become operational. Is delivery of medical cannabis to patient and caregiver homes permissible? The 2013 amendment (PL 2013, Chapter 160) states that the commissioner shall ensure adequate security of all facilities 24 hours per day, including production and retail locations, and security of all delivery methods to registered qualifying patients. No, delivery to qualifying patients is currently prohibited. Refer to N.J.A.C. 8: Must names and other identifying information be removed from application responses in Part B? Does the ATC s primary bank account need to be based in New Jersey? Is there a template available for the operating procedures for Measure 4. Is there any restriction on an individual holding a minority share (10% or less) in more than one ATC? Is there any preference awarded in the selection process to a nonprofit versus a for-profit entity? Is it permissible to use a font that is larger than 12-point? No, redactions will be performed by Department of Health consistent with the requirements of the Open Public Records Act. No. No. No. No. Awards will be based on the quality of the applications including the applicants ability to fulfill the intent and purpose of CUMMA. No. Per the RFA instructions, applications shall be submitted in the requisite 12 point Times Roman font or equivalent, single spaced with one (1) inch margins, single sided on letter-sized (8 1/2" x 11") pages.

7 Will there be preference given to nonprofits or for profit ventures? Can a family member of a recommending NJ physician own a stake in the company? No. Applications will be evaluated on the quality of the submission sconsistent with the point values assigned in the application. Please consult private counsel and/or the Board of Medical Examiners. What is the process of submitting the application? The Request For Application states that applicants will have the option of submitting the application either electronically or manually. However, even if submitting the application electronically one printed copy must be provided to the Department and specifically to the PO Box listed. Is there a way to physically drop off the applications or does it have to be mailed and received by the PO Box before 5 pm on August 31, 2018? Please refer to instruction regarding the online submission process and the information provided at the pre-application conference. If an institutional investor, acute care hospital system, or publicly traded company is or will be an investor in an applicant entity, which shareholders are required to submit personal history disclosures? For example, many states limit disclosures to 10% or more or 5% or more owners, or for publicly traded companies, just named officers or directors. Requiring every shareholder - even those with negligible interests - to be disclosed and subjected to personal history disclosures will effectively preclude hospital systems with complex ownership structures and similar organizations from applying. Please refer to the explanation given at the pre-application conference. As set forth in N.J.A.C. 8:64-7.1, the applicant must provide a list of all persons or business entities having five percent or more ownership in the ATC, whether direct or indirect and whether the interest is in profits, land or building, including owners of any business entity that owns all or part of the land or building. Is Permit Application Part A scored? If so, how? Is any part of Permit Application Part A pass/fail? How should the physical copies of the application be delivered? (Hand delivery, USPS, Fed Ex, etc.?) How should the electronic copy of the application be submitted? (USB drive, , Dropbox. etc.?) Does local approval mean that all land use ordinances are in place and that the sites have been approved for a dispensary and cultivation? What if the local jurisdiction has no permitted or conditional use for a medical marijuana facility currently in their ordinances? How long after the application is accepted do we have to demonstrate local approval? Do we just have to have a plan for obtaining local approval by November 30, 2018? Or do we have to actually have local approval in hand, signed by the Township Board or other local jurisdiction governing body? For electronic filing, do we need one hard copy or 10 as per the instructions in RFA section IV? Where there is inconsistency between the Final Regulations (which expire 12/31/18) and the Proposed Regulations (not yet effective), to which should applicants demonstrate compliance? Part A, Question 14 Approval from Municipality - What type of written verification is this question asking for? Are applicants supposed to show a letter from a zoning official and proof of site plan and construction permits? Or is this question only with respect to a letter of endorsement from the town? The RFA process is based on the rules currently in effect. Please refer to the instruction given at the Pre-Application

8 Part A, Question 15 Compliance with Local Codes and Ordinances - Should applicants submit a letter from the zoning official stating that the proposed use of the property complies with all applicable zoning codes? Can exhibits (charts, tables, descriptive photographs, etc) that are key to fully answering questions posed in the application be inserted in the body next to the otherwise appropriately formatted text (12pt TimesNewRoman, single-spaced, etc.) in the PDF attachment? If submitting the application electronically, can the one printed copy have signatures that are e-signatures? Will a sale or lease contingent upon the successful application for an ATC site be weighted the same as an existing lease or ownership of a proposed ATC site? Can you provide details about submission of hard copies? Are there preferences regarding tabs, dividers, binder type, paper weight, labeling, and the like? The order of application materials listed on the website differs from the order of materials in the complete application zip file, available for download. What order should applicants use to assemble print materials? Number 14 requests written verification of approval by the community or governing body of the municipality. Is a letter sufficient or a duly adopted Resolution or ordinance? Number 15a requires a showing of compliance with local codes and ordinances. Such a use is not provided for in most municipal land use zones. Is a pending zoning application sufficient? Number 15b asks if any variances have been received by the ATC. Is it permissible if they are pending at the time of application, so long as decision is rendered by November? May the hardcopy submission be hand delivered to the designated PO box? Permit Application Part A requests that applicants provide written verification of approval by the community or governing body of the municipality in which it intends to operate, for any and all locations. Please clarify what type of documentation the Department is looking for in regard to verification of approval. Is verifying that the ATC conforms to all local zoning rules and ordinances established for the operation of an Alternative Treatment Center in said municipality sufficient or is the department looking for something else? Would a letter from an attorney or local zoning official, for example, be acceptable? How is Premises defined? Does the Premises include the entire building or just the licensed portion of the Alternative Treatment Center within a facility? Please refer to the instructions given at the pre-application conference. Premises refers to the entire property on which the ATC is located.

9 What medical marijuana products/formats are permitted? Flowers, topicals, edibles, vape cartridges, tinctures, tablets/pills, other? 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. What formulations or products will ATCs be allowed to produce? Dry Flower? Extracts? Vape Cartridges? What qualifies as site control from a municipality? Do you have the ability to enter information in the application, save and go back at a later date or does it all need to be completed and submitted at one time? What does site control of the ATC premises entail? Must the ATC entity own the land on and structures in which it operates, or is a mortgage or a lease enough to accomplish site control? 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. Additionally, refer to the explanation provided at the pre-application conference. Refer to materials provided in pre-application conference. Refer to the instruction given at the pre-application conference. See application and pre-application meeting presentation for scoring criteria. Are there any state regulations on waste destruction or is this local? See N.J.A.C. 8:64-9. What form of entity is required for ATCs? Must the ATC entity be a corporation, or can it be a limited liability company (LLC)? How long after approval of the application do we have to begin production? For example, if we need to build a building or retrofit existing buildings, we will have to go through the building permitting process, and then actual construction. How long do we have to become operational? Should the application be written in accordance with the regulations presently in effect at NJAC 8:64, or the regulations proposed by NJDOH, which are pending adoption? That is at the discretion of the applicant. The applicant shall provide its plan for mobilization and operation within its application. Applicants awarded an ATC permit would be expected to move expeditiously to become operational. The current rules apply. Please refer to the explanation given at the pre-application conference. Will the applications be graded based on the current regulations in N.J.A.C. 8:64 enacted on 12/19/2011 or will it be graded on the Proposed Regulations from Proposal Number: PRN ? The current rules apply. Please refer to the explanation given at the pre-application conference. Does the Division of Medicinal Marijuana see value in describing how our operation can transition from the current to new regulations during startup considering the extended expiration date of June 17,2019 for current regulations? The current rules apply. Please refer to the explanation given at the pre-application conference. Awards will be based on the quality of the applications including the applicants ability to fulfill the intent and purpose of CUMMA. The points awarded for an application will be consistent with the scoring criteria set forth in the application.

10 What is meant by attachments that cannot be formatted accordingly? This refers to attachments that cannot be formatted in the requisite 12 point Times Roman font or equivalent, single spaced with one (1) inch margins, single sided on letter-sized (8 1/2" x 11") pages, such as maps, charts, or schematic plans. Application to be typed in 12 pt Times Roman, excluding attachments that cannot be formatted accordingly. Does this mean all attachments should be converted to 12 pt, Times Roman? This refers to attachments that cannot be formatted in the requisite 12 point Times Roman font or equivalent, single spaced with one (1) inch margins, single sided on letter-sized (8 1/2" x 11") pages, such as maps, charts, or schematic plans. How many licenses will be available in each region for a vertically integrated cultivation center with dispensary? The department is awarding 10 points for Any current or proposed partnerships with New Jersey medical schools. How can a medical school enter such a partnership as long as cannabis is illegal under the Controlled Substances Act? This RFA is for up to six vertically integrated ATCs, with up to two in each region. This will be evaluated on the quality of the applications consistent with the point values assigned in the application. It is within the discretion of the applicant how best to respond to this question. Is there any preference awarded in the selection process for MWBE businesses over Veteran Owned businesses or vice versa or will MWBE, Veteran, and Disabled Veteran owned businesses all be accorded the same preference in the scoring process? This will be evaluated on the quality of the applications consistent with the point values assigned in the application. If the entity is not yet a certified MBE/WBE/Veteran Owned business but the ownership interest will qualify once an application is submitted, This will be evaluated on the quality of the applications consistent will the applicant be given credit as a MBE/WBE/Veteran Owned with the point values assigned in the application. business? Are any preference points awarded for being in an economic This will be evaluated on the quality of the applications consistent empowerment zone? with the point values assigned in the application. In Application A, Question 5 captioned PROPOSED SITES OF OPERATION IN SERVICE REGION, the question asks for the address of the cultivation site. Should we assume that the question is asking for the address of the actual physical location of the cultivation and Yes. dispensary sites? We pose the question because our cultivation site is located in a town different than the mailing address for the cultivation site. Per 8:64-7.1(b)(2)(vii), an applicant is required to submit "Evidence of compliance with N.J.A.C. 8:21-3A.18 with regards to inspection and auditing of the ATC." N.J.A.C. 8:21-3A.18 requires: "Wholesale drug distributors shall permit the Department and authorized Federal, State and local law enforcement officials to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner, to the extent authorized by law." As a new applicant with no current physical operations in the State of New Jersey, how is an applicant able to comply with this requirement? Is a promise to the effect that an applicant will comply with this and any other legal requirements going forward sufficient? The applicant should provide information pertaining to the ATC entity's proposed ability to comply with this requirement. During manufacturing, are ATCs permitted to extract oil from plant material and use that oil in product production? Can the same location be on more than one application? Yes. Yes.

11 Can more than one ATC Applicant use the same building address/location to submit an application? Since it is unlikely that any one municipality will receive multiple ATC, is this possible? May attachments include images, graphs, or charts? If so, must they conform to the formatting requirements outlined in the instructions (font, font size, page margins, etc.)? Are two applications required if we are looking at having dispensaries in two regions; if so can applications overlap or can they only be specific to a region? If applying as a joint venture, would three references to validate past business experience apply to each entity, for a total of six references? Are we required to include all attachments in the print version of the application? If so, how should it be organized? How should the 1000 feet distance to a school be measured? Is it property line to property line? What are the zoning requirements? Will commercial farming zoning be acceptable? Yes. Yes. Yes. Each ATC must be wholly located within a region. An ATC, as approved by the Department, may cultivate marijuana at a location separate from the location where the ATC shall dispense the marijuana, but both locations shall be within the same region. Refer to N.J.A.C. 8: Yes. Please refer to the instruction given at the pre-application conference. Yes. The hard copy version of the application shall contain all materials and attachments as submitted in the applicant's electronic submission. 7 when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: What is the state requiring in terms of municipal approval? How is one expected to get through the municipal zoning process in 3 4 months? Or will the license awarded take precedence if the municipality has not updated the local ordinances? 7 when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: Please clarify the zoning distance required for the following: schools, churches, daycare, and parks. 7 when determining the location for a proposed ATC.

12 Is the Applicant required to obtain any specific state and local municipal licenses and/or approvals prior to submission of the Aug 31, 2018 application deadline? Current zoning regulations across most NJ municipalities do not address ATC s (either cultivation centers or dispensaries) and most NJ zoning regulations state that if a use is not expressly permitted in a zone, it is prohibited. What use is a cultivation center or dispensary classified as for municipal zoning purposes that an applicant can seek approval for? Are there municipal licenses/approvals that are required in connection with the ATC application? What is each and every one of them? Please list and provide agency approval is required from. Is the zoning approval required simply a warehouse plus a retail location? If not, what is the zoning approval required? 7 when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: when determining the location for a proposed ATC. 7 when determining the location for a proposed ATC. Please also refer to N.J.A.C. 8: What are the existing New Jersey state legal authorities that govern the NJ Medicinal Marijuana Program? It is difficult to understand which regulations are in effect and what portions of any Executive Orders are effective. Applicants are encouraged to review the Compassionate Use of Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., and the Department of Health s Medicinal Marijuana Rules, N.J.A.C. 8: et seq., for additional information regarding New Jersey s Medicinal Marijuana Program. The Act and the Rules are on the Department of Health s Medicinal Marijuana website. The existing rules are currently in effect.