amending applications

In view of the rapid, changing circumstances for MMJ businesses, the Department of Revenue is permitting applicants to amend their applications in the following situations:

Replacing a cultivation location with a new cultivation location (filing an amended appendix A) to the original application. I suspect that another OPC fee must be tendered along with the new Appendix A;
Adding/deleting managers, members, shareholders. New keyperson applications must also be tendered;
Transferring or selling the business assets (internal changes to an LLC or corporation, including transferring all stock/ownership of that entity); or
Increasing or decreasing the size of the proposed premises.

This list is not exhaustive and amendment may (or may not) be permitted in other situations.

Next, you must first seek local approval for any of the above-changes to your business. Also, you may only amend the application if:

1) You were operating an established, locally approved business on July 1, 2010, (or you had an application on file by July 1, 2010, which was subsequently approved), and;

2) You filed the required applications and fees with the Department of Revenue on or before August 1, 2010; and

3) On or before September 1, 2010, you certified that you were growing at least 70% of the medical marijuana necessary for your operation.

Mr. Cook advises that continued operation of a medical marijuana business or without meeting all three of these conditions is in violation of 12-43.3-901(1)(c) and 12-43.3-901(1)(d) C.R.S. This means that if you were late with your 9/1/10 certification, you are no longer permitted to continue to operate while your application is pending and must submit an entirely new application.

City of Boulder requires license for grow and retail

The City of Boulder elected to require seperate licenses for both the OPC (grow operation) and retail operations of a MMC. Be warned that is is not enough to submit a MMC business license application for the retail side of the business. Also, if you added the grow after June 18, you are required to submit the application for the grow by 8/31/10. Of course, if you had both the grow and retail in operation before June 18, you may submit both applications on or before 10/31/10. Please be advised that it appears that priority for location (i.e., within 500 ft. of three other MMCs) will be allotted based on date of submission of the application, not date of operation. This is not final, but you should get your application in a.s.a.p.