Pubdate: Thu, 13 Feb 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
Author: Kay Lazar

STATE HEALTH OFFICIALS PRESS MARIJUANA WINNERS

Massachusetts health regulators took the unusual step late Wednesday 
of ordering companies that received medical marijuana dispensary 
licenses to submit sworn statements that their applications were 
truthful, while on Beacon Hill the House speaker called for an 
investigation into whether some dispensary applicants submitted false 
information.

The Department of Public Health in a statement raised the prospect of 
rejecting any of the 20 dispensary licenses awarded last month, 
saying, "None of the dispensary licenses are final." The companies 
will now be required to "verify local support and other information 
provided in the application through a signed attestation to [the 
agency] before any final licensure is determined."

House Speaker Robert A. DeLeo said Wednesday that he became concerned 
after news reports that several medical marijuana companies receiving 
state licenses had submitted false information on their applications. 
He directed the House public health committee chairman to investigate.

"DeLeo expects the Department of Public Health to ensure the 
integrity of the process," the speaker's office said in a statement 
to the Globe. "He will ask chairman [Jeffrey] Sanchez to take 
measures to seek out additional information and determine the 
underlying facts."

The Globe reported Wednesday that two companies proposing 
dispensaries in Boston and Haverhill erroneously claimed to have 
support from local elected officials when they did not. Local 
support, or at the least, letters of nonopposition from community 
leaders, were critical in the state's scoring system for awarding licenses.

The Public Health Department relied on the information submitted by 
applicants, and neither the agency, nor the outside contractor it 
hired to review the applications, verified the veracity of the claims 
of support.

On Wednesday, Boston officials challenged the truthfulness of 
statements made by a third company, which was awarded a license to 
open a dispensary at 70 Southampton St., near Boston Medical Center.

Green Heart Holistic Health & Pharmaceuticals claimed in its Nov. 21 
application to the state health department to have support from City 
Councilor Tito Jackson and to have an indication of approval from 
former mayor Thomas M. Menino, whose term ended in January.

But Jackson and Barbara Ferrer, executive director of the Boston 
Public Health Commission, told the Globe that those statements were inaccurate.

Green Heart said in its application that it met with Jackson, whose 
district at the time included the proposed Southampton Street site, 
and that Jackson "pledged future support upon award of a provisional" license.

The pledge of support is not true, Jackson said in an interview Wednesday.

The city was in the midst of redistricting at that time, Jackson 
said, meaning that as of January, his district no longer includes 
that neighborhood.

"I thought it would be unfair to make a decision for a precinct that 
was going to change hands in less than a month," Jackson said.

The councilor also said the neighborhood is already home to three 
methadone treatment clinics and a county jail, and he said he told 
Green Heart the neighborhood shoulders too heavy a burden.

Jackson raised his concerns during a City Council meeting Wednesday, 
and said the council plans to invite state public health officials to 
an upcoming meeting to explain their review of applications.

In its application, Green Heart states that it reached out to Menino, 
knowing he was about to leave office.

"We have learned that he is favorably disposed to the type and 
quality of dispensary operation we would run," the application said. 
"Numerous close associates in the Boston public safety community have 
confirmed this understanding."

Menino was unavailable for comment Wednesday, but Ferrer challenged 
Green Heart's assertions. She said Menino delegated to her agency the 
task of ensuring the city has strong rules to monitor dispensaries 
once they open, but that she and Menino agreed the city would not 
endorse individual companies in the application process.

Boston City Councilor Stephen J. Murphy wrote a Nov. 20 letter 
expressing nonopposition to Green Heart's application. In the state's 
scoring system, companies received extra points if they provided a 
letter of support or nonopposition from the city council or similar 
governing body.

Murphy, who was council president until the start of this year, said 
in an interview Wednesday that when his staff met with Green Heart 
officials in November, the company was unable to provide them with an 
exact address for its proposed dispensary.

But a copy of the lease included in the company's application says a 
lease was signed in late October for 70 Southampton St.

"They were disingenuous with my staff because my staff said there was 
no specific site at that point," Murphy said. "It just sounds like 
these guys are all playing fast and loose with people."

One city councilor, Rob Consalvo, wrote a Nov. 19 letter of support 
for Green Heart. Consalvo, who left office in January after an 
unsuccessful run for mayor, wrote that Green Heart has "the 
experience, compassion, and industry reputation to be able to 
facilitate this undertaking, which is new to our city." Green Heart's 
chief executive runs one of California's largest medical marijuana 
dispensaries.

Green Heart's executive director, Andrew DeAngelo, said in an 
interview the company did not intend to deceive anyone.

"If there was any error of understanding along the way, we will take 
full responsibility for that and we will make it right," DeAngelo said.

When asked how the company intended to do that, he said, "we will 
reach out to them and try to determine the source of the 
misunderstanding. The last thing we want is for elected officials to 
not be happy with us."
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MAP posted-by: Jay Bergstrom