64ER21-16. Application for Pigford/BFL MMTC Licensure

(1) The following definitions apply to this emergency rule. (a) “Pigford member” means a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999). (b) “BFL member” means a recognized class member of In re Black Farmers Litigation, 856 F. Supp. 2d 1 (D.D.C. 2011). (c) “Pigford/BFL license” means the MMTC license pursuant to section 381.986(8)(a)2.b., F.S. (d) “Pigford/BFL batching cycle” means the grouping for comparative review of all applications submitted for the one available Pigford/BFL license. (e) “Application window” means the 5-day period during which the department will accept applications for the Pigford/BFL license, including the date and time upon which the department will begin accepting applications and the deadline (including date and time) for submitting applications. (2) Applications for the Pigford/BFL license will be accepted in a single Pigford/BFL batching cycle. The department will adopt a separate rule that establishes the application window for the Pigford/BFL batching cycle. (3) After the Department’s publication of the application window for the Pigford/BFL batching cycle, a Pigford member or BFL member that desires to apply for the Pigford/BFL license must submit the following during the application window: (a) An application that complies with this rule and the instructions and requirements contained in Form DH8035-OMMU-10/2021, “Medical Marijuana Treatment Center License Application Instructions, Requirements, and Forms for Pigford/BFL Applicants,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations; and (b) A non-refundable application fee in the amount of $146,000. (4) Applications for the Pigford/BFL license will be evaluated and scored by evaluators as described in the “Medical Marijuana Treatment Center License Application Instructions, Requirements, and Forms for Pigford/BFL Applicants.” The evaluators will be provided Form DH8036-OMMU-10/2021, “Medical Marijuana Treatment Center Evaluator Instructions Manual for Pigford/BFL Batching Cycle,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations. (5) All applications for the Pigford/BFL license that are submitted during the application window will be part of the Pigford/BFL batching cycle and will not be considered for any other MMTC application batching cycle established by the department. (6) Nothing in this rule prohibits an applicant for the Pigford/BFL license from also applying for any non-Pigford/BFL MMTC license under a separate application rule. However, the same individual or entity may not be awarded more than one MMTC license.