Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

28 Pa. Code § 1141.39. Application for approval of a change in ownership of a medical marijuana organization.

§ 1141.39. Application for approval of a change in ownership of a medical marijuana organization.

 (a)  In the event of an impending change in ownership involving a change in control of a medical marijuana organization from the ownership listed in the initial permit application or a permit renewal application, the medical marijuana organization shall submit an application for approval of a change in ownership, on a form prescribed by the Department, to the Department together with the fee required under §  1141.28 (relating to fees).

 (b)  The Department, in its sole discretion, may permit the medical marijuana organization to incorporate by reference all of the information in the medical marijuana organization’s initial permit application, and any previously submitted permit renewal application, into the application for approval of a change in ownership.

 (c)  A medical marijuana organization’s application for approval of a change in ownership will not be considered complete by the Department until all portions of the application are completed and the appropriate application fee under §  1141.28 is submitted. The Department may reject an incomplete application.

 (d)  For each individual that is part of the proposed change in ownership, the medical marijuana organization shall include all of the information required under §  1141.29 (relating to initial permit application) for the individuals listed in those capacities in the medical marijuana organization’s initial permit application or any previously submitted permit renewal application.

 (e)  If the Department determines that an application for approval of a change in ownership is lacking sufficient information upon which to make a determination, the Department will notify the medical marijuana organization in writing of the factors that require additional information and documentation. The medical marijuana organization shall have 30 days from the mailing date of the notice to provide the requested information and documentation to the Department. A medical marijuana organization’s failure to provide the requested information to the Department by the deadline may be grounds for denial of approval for the requested change in ownership. Nothing in this subsection requires the Department to request additional or supplemental information from a medical marijuana organization.

 (f)  A change in ownership of a medical marijuana organization that occurs without the Department’s prior written approval of the change as provided in this section is a violation of the act and this part.

Source

   The temporary provisions of this §  1141.39 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial page (385929).



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