DHSS: New Draft Rules Scoring Systems

19 CSR 30-95.020 General Provisions


The Missouri DHSS has released more draft rules for general operation in advance of the medical marijuana application dates for patients and business facilities.


OUR OPINION:

"Numerical scoring systems have proven to be unconstitutional. The DHSS is setting up a system that will by law allow for an "appeal" of any denial. Judges have deemed similar models to be unjust. I concur with that opinion. History is repeating." KC Stark coined by media as the 'Steve Jobs of Weed.'

Feb. 4th, 2019: https://www.tallahassee.com/story/news/2019/02/04/judge-sides-trulieve-rejects-cap-medical-marijuana-dispensaries/2770262002/


"Siding with Florida’s largest cannabis operator, a circuit judge for the second time struck down a law capping the number of dispensaries medical marijuana businesses can run."


Aug. 2018: another judge has ruled that several more aspects of the 2017 MMJ program revisions are in violation of the original constitutional amendment. The updated law imposes a limit to the total number of “medical marijuana treatment centers” within the state, but Leon County Circuit Judge Charles Dodson ruled that this “directly contradicts the amendment,” University of South Florida NPR affiliate WUSF reports.


Title 19 – DEPARTMENT OF HEALTH AND SENIOR SERVICES

Division 30 – Division of Regulation and Licensure

Chapter 95 – Medical Marijuana


PROPOSED RULE

19 CSR 30-95.020 General Provisions.


(4) Facility Evaluation Criteria. All applicants for licenses or certifications must meet minimum

standards in each of ten evaluation criteria categories. During application time periods where more applicants apply for a particular category of licenses or certifications than there are licenses or certificates available in that category, the department will use a system of numerically scoring these criteria to rank the applications in that category against each other.

(A) The evaluation criteria are:


1. The character, veracity, background, qualifications, and relevant experience of principal

officers or managers;

2. The business plan proposed by the applicant, which in the case of cultivation facilities and

dispensaries shall include the ability to maintain an adequate supply of medical marijuana, plans to ensure safety and security of qualifying patients and the community, procedures to be used to prevent diversion, and any plan for making medical marijuana available to low-income qualifying patients;

3. Site security;

4. Experience in a legal cannabis market;

5. In the case of testing facilities, the experience of the facility’s personnel with the health care industry and with testing marijuana, food, or drugs for toxins and/or potency;

6. The potential for the facility to have a positive economic impact in the site community;

7. In the case of cultivation facilities, capacity or experience with agriculture, horticulture, and

health care;

8. In the case of dispensary facilities, capacity or experience with health care, the suitability of the proposed location, and its accessibility for patients;

9. In the case of infused products manufacturing facilities, capacity or experience with food

and beverage manufacturing; and

10. Maintaining competitiveness in the medical marijuana marketplace.


(B) The minimum standards for licenses and certifications can be met by showing the proposed facility will comply with the requirements of 19 CSR 30-95.040, and 95.050, 95.060, 95.070,

95.080, 95.090, and 95.100, as applicable.


(C) When applicable, numerical scoring of evaluation criteria will be conducted as follows:


1. Applications will be separated from their identifying information, including facility

business names, and names, addresses, and social security numbers of individuals, and assigned a numerical identifier for use during scoring.

2. Applications will be scored based on responses to evaluation criteria questions. Responses may take the form of written answers and attachments.


A. Each type of facility or certification application will be scored and ranked against the other applications of the same type. For dispensaries, applications will be scored and ranked against other dispensary applications in the same congressional district.


B. Applications will be scored without reference to the identities of the facilities or of individuals named in an application. Written responses to evaluation criteria questions must not refer to facility business names and must refer to individuals by title and initials only, e.g. “Owner A.E.M.” or “Principal Officer R.W.M.” Any attachments to applications shall be submitted in redacted and unredacted versions. Redacted versions must obscure the facility business names and the names, addresses, and social security numbers of the applicant and of any owners, principal officers, managers, or other individuals mentioned in the application.


C. Responses to evaluation criteria questions in which a business or individual is identified by name will not be scored.


3. Evaluation criteria questions and initial scoring shall be as follows:

Criteria

Question

Score

Weight

Initial Score

The character, veracity, background, qualifications, and relevant experience of principal officers or managers

Question #1

#

##

###

Question #2

Question #3


4. Once all applications have been assigned an initial rank and score, the department will reconnect the applications with their identifying information.


5. For cultivation, manufacturing, testing, transportation, and seed-to-sale facilities, the initial score is also the final score.


6. For dispensary facilities, after evaluation criteria questions have been initially scored, and in order to facilitate patient access to medical treatment, the rankings of dispensary facilities will be further adjusted by awarding additional points due to geographic location as follows:

A. First, the highest scoring dispensary facility in each of the one hundred sixty-three (163) Missouri House of Representatives districts as drawn and in effect on December 6, 2018, will receive an increase to its score pursuant to subparagraph C. of this paragraph, and all dispensary facility rankings will then be reordered. A map of the state of Missouri showing the applicable boundary lines of Missouri’s house districts is incorporated by reference here and available on the department’s website. This rule does not incorporate any subsequent amendments or additions to the house district boundary lines; and


B. Finally, any dispensary facility applicant with a location more than twenty-five (25) miles from any other dispensary facility applicant or existing dispensary facility will receive an additional increase to its score pursuant to subparagraph C. of this paragraph, and all dispensary facility applicants’ rankings will again be reordered. The resulting rank and score will be each dispensary facility’s final rank and score.


C. Increases for geographic location will be five (5) percent of the average initial score of the top twenty-four (24) ranked facilities in each congressional district. A congressional district that does not have at least twenty-four (24) applicants will not be included in this average.


D. In cases where a house district is segmented by the boundary lines of two or more congressional districts, for purposes of the adjustments in this paragraph, only the segment of that house district with the highest population will be utilized.


(D) Licenses and certifications will be issued as follows:


1. When the numerical scoring system is used, the highest ranked facilities for each type of facility and, for dispensaries, in each congressional district, will receive licenses and certifications, except in cases where an entity under substantially common control, ownership, or management has applied for more than three (3) cultivation, three (3) manufacturing, or five (5) dispensary licenses. In those cases, the department will only issue licenses to the highest ranked facilities associated with that entity.


2. When the numerical scoring system is not used, all facilities that meet the minimum standards for licenses or certifications will be issued licenses or certifications, except in cases where an entity under substantially common control, ownership, or management has applied for more than five (5) dispensary licenses and some of those dispensaries are located in congressional districts that were numerically scored. In those cases, the department will first issue licenses to the dispensaries associated with that entity in congressional districts that were not numerically scored. Any remaining dispensaries associated with that entity will be issued licenses according to that dispensaries rank and score.




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