No more state moratorium and the procedure for new medical marijuana business licenses

As of 7/1/12, there is no more state moratorium for new medical marijuana business licenses. This means a new medical marijuana business can be formed and licensed. It also means that existing businesses can now expand, add another OPC, open a new MMC, or add a MIP.

According to MMED, the procedure for new licenses will be similar to “change of ownership.” This means that you will be provided with a checklist of items to be completed and documents to be provided to the state. Once the list is complete, it is necessary to schedule a meeting with either Mr. Lewis Koski or Mr. John Seckman to review the documents. Be advised that both the application and licensing fees are due at the time of application. MMED anticipates that there will be few such applications. Yeah, right!

Next, be reminded that you need local approval of any such business application. Be sure to check with the local authorities regarding their acceptance of such applications. If they won’t, the state won’t. If they will, the state will. For instance, the City of Boulder passed a 9-month moratorium. Mr. Seckman advises that state and local processing of the license can happen at the same time.

Additionally, new applications will be handled on a “first come, first serve” basis. No preference will be given to existing businesses. However, as a practical matter, MMED would already have a file on the business and a lot of the processing work may already be done.

Finally, be reminded that each MMC must have its own OPC. You cannot simply add a retail and attach your existing OPC to it. You may be able to subdivide your OPC into two OPCs, but local and state approval would be required. Of course, you can add more than one OPC to an existing MMC.  However,  unless and until the new license is granted by both local and state officials, YOU CANNOT START OPERATING!. You can only operate after both licenses are issued.

If you need our help, particularly in your meeting with MMED, please contact us.

About Jeff Gard
Jeff Gard is a Colorado lawyer providing practical, affordable legal advice for patients, caregivers, dispensaries and anyone interested in medical marijuana.

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