§ 1141.37. Denial of renewal of a permit.
(a) The Department will deny the renewal of a permit if the Department determines:
(1) The medical marijuana organization has not or is unlikely to be able to continuously maintain effective control against diversion of medical marijuana at its facility.
(2) The medical marijuana organization falsified any part of the permit renewal application or any other application submitted to the Department under this part.
(3) The medical marijuana organization is unlikely to comply with all Commonwealth and local laws applicable to the activities in which it may engage under the permit, if renewed.
(b) An existing permit is immediately invalid upon expiration if the medical marijuana organization has not filed a permit renewal application in accordance with § 1141.36 (relating to permit renewal applications) and remitted the required fees in accordance with § 1141.28 (relating to fees).
(c) Except as provided in subsection (e), a medical marijuana organization may not operate if its permit is not renewed prior to expiration.
(d) If the Department denies renewal of the permit or if the medical marijuana organization fails to submit a permit renewal application and permit renewal fee as required under § 1141.28, the medical marijuana organization shall do the following upon the expiration of the permit:
(1) Cease all operations authorized by the permit.
(2) In the case of a grower/processor, dispose of any remaining seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, medical marijuana products, plant matter or any growing equipment as set forth in § 1151.40 (relating to management and disposal of medical marijuana waste).
(3) In the case of a dispensary, return the medical marijuana products to the grower/processor where the medical marijuana products originated.
(e) If a medical marijuana organization submits a permit renewal application and permit renewal fee to the Department as required under § 1141.28, the Department may administratively extend the existing permit from the date the existing permit expires until the Department can complete its permit renewal application review.
The temporary provisions of this § 1141.37 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 199; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (390711) to (390712).
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