The Therapeutic Use of Cannabis Program provides for the operation of Alternative Treatment Centers (ATCs) which are non-profit registered entities authorized to acquire, possess, cultivate, manufacture, sell, and dispense cannabis and related supplies to qualifying patients, designated caregivers, and other alternative treatment centers. A qualifying patient shall obtain from registered and licensed ATCs designated on the patient’s medical marijuana card, but no more than two ounces of usable cannabis during a ten-day period and any amount of unusable cannabis.
The law provides that an ATC shall not be located in a residential district or within 1,000 feet of the property line of pre-existing public or private schools or properties designated as drug-free school zones. No cannabis or paraphernalia at an alternative treatment center shall be visible from outside the property of the alternative treatment center.
The Department of Health and Human Services is authorized by law to promulgate rules and regulations on the registration, regulation, and operation of ATCs.
Visiting an Alternative Treatment Centers / Dispensaries
A qualifying patient or the designated caregiver, acting on behalf of the patient, may only obtain medical marijuana from the alternative treatment center which the patient registered on his application and as appears on his registration card. The patient shall notify the Department before changing his alternative treatment center
Before medical cannabis may be dispensed to a registered qualifying patient or his designated caregiver directly, the alternative treatment center agent must determine that the individual making the purchase is a current cardholder and must verify each of the following:
- That the registry identification card presented is valid;
- That the person presenting the card is the person identified on the registry identification card presented at the time of the purchase and presented to the agent; and
- That the ATC is the designated center of the qualifying patient as registered in his registration card.
Each time an alternative treatment center agent dispenses cannabis to a qualifying patient or the patient’s designated caregiver, the center shall consult the ATC records to verify that the dispensing of the cannabis do not exceed the required quantity of two ounces of usable cannabis in a ten-day period.
ATCs are mandated to maintain a record of each transaction, including the amount of cannabis dispensed, the amount of consideration, and the registry identification numbers of the qualifying patient, designated caregiver, and alternative treatment center. All records shall be kept according to the registry identification numbers of the qualifying patient and designated caregiver.
Starting an Alternative Treatment Center
The law provides that an applicant for alternative treatment center shall submit a completed Department-approved application form with all of the following required documents and a non-refundable fee, which shall be determined by the Department:
- The articles of incorporation, by-laws, and corporate name of the proposed ATC;
- The physical address of the ATC, including an alternative location for growing cannabis;
- The physical description or lay-out of the enclosed, locked facility that will be utilized as site in the cultivation of cannabis by the ATC;
- The name, address, and date of birth of each officer and board member of the ATC, majority of whom shall be residents of New Hampshire;
- Proposed safety and security measures, which include specifications of lighting and security systems;
- An area map showing the distance of the proposed ATC from pre-existing private or public school, if any;
- Proposed policy and procedures on how qualifying patients who cannot afford to purchase cannabis for therapeutic use can avail of the required services;
- Information showing the applicant’s capability on organic growing methods that shall be used in the cultivation of cannabis and the applicant’s experience in managing a nonprofit or other business;
- Procedures that will be taken to ensure the quality, purity and consistency of the cannabis and its dosage;
- A timeline showing the estimated time from the registration of the alternative treatment center to its full operation, indicating the basis for those estimates;
- A description of other related services that are available to the patients.
The law prescribes that ATC shall not hire the services or allow any person to be an alternative treatment center agent who:
- Has been convicted of a felony or felony drug-related offense; or
- Is under 21 years of age.