Chapter 55, Section 74 of the Acts of 2017 permits those non-profit corporations organized persuant to MGL Ch. 180 with either a pending, provisional or final certification to dispense medical use marijuana to convert to a domestic profit corporation. Please be advised that only those non-profit corporations with a pending, provisional or final certification before the Department of Public Health may convert.
Articles of Entity Conversion of a Domestic Non-Profit with a Pending, Provisional or Final Certification to Dispense Medical Use Marijuana to a Domestic Profit Corporation are filed in accordance with MGL Ch. 156D, §9.53. To obtain a copy of this form please email the Corporations Division's legal staff at email@example.com.
As you may be aware, the passage of Question 3 on the 2012 Massachusetts State Ballot allows for medical marijuana dispensaries in the Commonwealth. While approved by ballot, the new legislation states an effective date of January 1, 2013 and does not become law until engrossed by the Legislature.
Please be advised that all nonprofits must organize for a purpose that complies with law. It is not lawful to operate a medical marijuana treatment center or acquire, cultivate, possess, transfer, transport, sell or distribute marijuana until the law becomes effective and such entities have been registered by the Department of Public Health (DPH) under appropriate DPH guidelines. DPH will be forthcoming with regulations regarding their registration process.
For our purposes, entities organizing for a purpose relating to the new medical marijuana legislation with the Corporations Division must state a general non-profit purpose recognized in MGL Ch. 180 §4. They may not state that they are organizing as a medical marijuana treatment center or organizing for the purpose of acquiring, cultivating, possessing, transferring, transporting, selling or distributing marijuana until licensed by DPH.
Moreover, because these entities will now be organizing with a general purpose, we may accept their organizational filings effective immediately.