Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

28 Pa. Code § 1141.40. Application for approval of a change in location of a facility.

§ 1141.40. Application for approval of a change in location of a facility.

 (a)  A medical marijuana organization wishing to change the location of a site or facility authorized under a permit issued to the medical marijuana organization shall submit an application for approval of a change in location to the Department together with the fee required under §  1141.28 (relating to fees).

 (b)  A change in location of a facility authorized under a permit may not occur until the Department approves the change, in writing, under this section.

 (c)  The medical marijuana organization shall submit an application for approval of a change in location on a form prescribed by the Department.

 (d)  An application for approval of a change in location must include the reason for requesting the change and other information about the new location as the Department may require.

 (e)  The Department will issue a new permit to the medical marijuana organization for the new location if the request is approved.

 (f)  Within 180 days of the issuance by the Department of a new permit under subsection (e), the medical marijuana organization shall change the location of its operation to the new location designated in the new permit. Simultaneously with the completion of the move, the medical marijuana organization shall cease to operate at the former location and surrender its existing permit to the Department. The following apply:

   (1)  At no time may a medical marijuana organization operate or exercise any of the privileges granted under the permit in both locations.

   (2)  At the discretion of the Department, the Department may extend the 180-day deadline for relocation for up to an additional 90 days.

   (3)  Once the new facility is determined to be operational by the Department, the medical marijuana organization may resume operations under the new permit at the new location.

 (g)  The Department will not approve a change of location that is outside the boundaries of the region for which the initial permit was issued.

Source

   The temporary provisions of this §  1141.40 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385929) to (385930).



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