Evaluation Process

The evaluation process considered information provided by applicants that responded to requirements of PHL §3365 and 10 NYCRR §§ 1004.5 and 1004.6. Applicants were required to submit in their applications, information and documentation setting forth specific details to show compliance with the applicable requirements of Title V-A of Article 33 of the Public Health Law and 10 NYCRR Part 1004. A combination of weighted scored criteria and other criteria were assigned to a number of areas and evaluated.

The Department carefully and thoroughly reviewed all information and documentation submitted by the applicants, and considered the above criteria set forth in statute and regulations in making its determinations. Each applicant's submissions were reviewed to determine how the applicants would meet the criteria, including but not limited to:

  1. the ability to manufacture approved medical marijuana products, each with a consistent cannabinoid profile (the concentration of total tetrahydrocannabinol (THC) and total cannabidiol (CBD) will define the brand), and each able to pass the required quality control testing as further described in 10 NYCRR § 1004.11;
  2. the ability to produce sufficient quantities of approved medical marijuana products, as further described in 10 NYCRR § 1004.11, as necessary to meet the needs of certified patients;
  3. the ability to maintain effective control against diversion of marijuana and medical marijuana products as further described in 10 NYCRR § 1004.13;
  4. the ability to comply with all applicable state and local laws and regulations;
  5. that, if selected, the applicant is ready, willing, and able to properly carry on the activities set forth in 10 NYCRR Part 1004;
  6. possession of, or the right to use, sufficient real property, buildings, and equipment to properly carry on the activity described in its operating plan, or in the alternative, the applicant has posted a bond in the amount of $2,000,000;
  7. that it is in the public interest that such registration be granted to the applicant;
  8. that the applicant's four proposed dispensing facilities are geographically distributed. To be geographically distributed, the proposed dispensing facilities of an applicant must be located in multiple counties across New York State to best serve certified patients in the Medical Marijuana Program state-wide. Geographic distribution will not be demonstrated by the applicant if the proposed dispensing facilities of the applicant are all concentrated in counties of New York State that are neighboring or in close proximity.
  9. the moral character and competence of board members, officers, managers, owners, partners, principal stakeholders, directors, and members of the applicant's organization;
  10. the applicant's proposed operating plan and suitability of the proposed manufacturing and dispensing facilities, including but not limited to the suitability of the location and the architectural and engineering design of the proposed facilities; and
  11. the applicant has entered into a labor peace agreement, as defined in PHL § 3360(14), with a bona-fide labor organization that is actively engaged in representing or attempting to represent the applicant's employees.

Evaluation Scored Criteria

The following categories were included in the scored criteria:

  1. Product Manufacturing
  2. Security
  3. Transportation and Distribution
  4. Sales and Dispensing
  5. Quality Assurance and Staffing
  6. Real Property and Equipment
  7. Geographical Distribution
  8. Architectural Design
  9. Financial Standing
  10. Miscellaneous
    1. labor peace agreement;
    2. statement demonstrating that applicant is able to comply with all applicable state and local laws and regulations relating to the activities in which it intends to engage under the registration;
    3. timeline demonstrating the estimated timeframe from growing marijuana to production of a final approved product; and
    4. public interest

Evaluation Weights for Scored Criteria

In the interest of protecting the public health and safety, the evaluation tool prioritized each applicant's ability to manufacture approved medical marijuana products, each with a consistent cannabinoid profile and each able to pass the required quality control testing.

Sub Categories Applicant Raw Score: Conversion Factor Applicant Weighted Score Percentage of Total Available Points
Miscellaneous 12.00 0.33 4.00 3.2
Product Manufacturing 104.00 0.43 45.00 36
Security 93.00 0.06 6.00 4.8
Transportation & Distribution 21.00 0.19 4.00 3.2
Sales & Dispensing 45.00 0.16 7.00 5.6
Quality Assurance & Staffing 111.00 0.17 19.00 15.2
Real Property and Equipment 18.00 0.56 10.00 8
Geographic Distribution 4.00 3.00 12.00 9.6
Architectural Design 265.05 0.02 6.00 4.8
Financial Standing 3.00 4.00 12.00 9.6
Total Points 676.05   125.00 100

Other Evaluation Criteria

The following criteria listed below were also considered in evaluating applications.

  1. The applicant's organizational structure demonstrated moral character and competence of board members, officers, managers, owners, partners, principal stakeholders, directors, and members of the applicant's organization.
  2. Organizational and operational documents of the applicant, pursuant to 10 NYCRR § 1004.5(b)(5).
  3. Proof that all of the applicant's proposed manufacturing and dispensing facilities have, or will have, internet connectivity.

Evaluation Results

43 applications were received by June 5, 2015 and were evaluated by the evaluation team. The table below includes the final results.

Applicant Total
Weighted
Score
PharmaCann LLC 97.12
Vireo New York LLC
formerly known as Empire State Health Solutions
96.46
Columbia Care NY LLC 95.08
Etain, LLC 91.00
Bloomfield Industries Inc. 90.59
New York Canna, Inc. 90.43
Fiorello Pharmaceuticals, Inc. 90.23
Valley Agriceuticals, LLC 89.49
Citiva Medical LLC 89.49
PalliaTech NY, LLC 89.31
Great Lakes Medicinals LLC 86.86
Alternative Medicine Associates, LLC 86.18
Hudson Health Extracts, LLC 86.17
Brightwaters Farms LLC 85.92
Salus Scientific, LLC 85.49
CCCONY, Inc.
(Compassionate Care Centers of NY, Inc.)
85.45
NY Compassion, LLC 84.91
LabCare, Inc. 82.03
Kinex Supportive Pharmaceuticals, LLC 81.89
Silver Peak NY LLC 81.61
New York Medical Growers, LLC 81.55
Compassionate Sunset LLC
D/B/A Compassionate Relief Centers of NY
80.46
North Country Roots, Inc. 79.26
Far(m)ed New York, LLC 78.77
Mindful Medical New York, LLC 78.75
Cannabis of America LLC
D/B/A Empire Green Labs
78.64
Herbal Agriculture LLC 78.01
Empire State Compassionate Care, Inc. 77.80
Med Mar LTD 77.25
Butler Evergreen, LLC 77.02
Advanced Grow Labs New York, LLC 76.26
Tilray New York, LLC 75.56
THC Health Inc. 74.25
Nepenthea LLC 71.35
Medigro Organics LLC 63.62
Sheva Health & Wellness 62.29
CanniCare LLC 59.96
Kannalife Sciences, Inc. D/B/A Kannagro, LLC 57.59
Good Green Group LLC 55.51
Compassionate Care WNY, LLC 54.96
Integrated Scientific Herbal Advances LLC 53.44
NY Growing Partners, LLC 47.26
Ross John Enterprises D/B/A Good Leaf 45.09