(1) The department shall develop a standard application form and open applications for permits authorized under section 6171 within 30 days of the effective date of this paragraph.2
(2) Applicants under this section shall submit applications for permits authorized under section 617.
(3) The department shall review applications for permits authorized under section 617 within 45 days of receipt of an application under paragraph (1) from an eligible independent grower/processor or independent dispensary.
(4) An application for a permit authorized under section 617 shall require:
(i) Supporting documentation and certification to the department that the applicant qualifies as an independent grower/processor or independent dispensary.
(ii) Certification to the department that the applicant will not enter into a change of control transaction with any other person for a duration of one year from the date the first dispensary location or grower/processor location is deemed operational by the department, unless the change of control transaction occurs after the holder of the permit becomes operational and is between the applicant and a diverse group.
(iii) Any information required under section 6023 that has significantly changed since the applicant received an initial permit.
(b) Issuance.--
(1) Except as provided under paragraph (3), the department shall issue permits under section 617 within 60 days of the application submission deadline under subsection (a)(2) to all applicants that meet the minimum requirements for permitting under this chapter. The department shall notify an applicant for permits authorized under section 617 of the approval of an application by certified mail or email.
(2) If an application under this section is incomplete, the following apply:
(i) The department shall, within 15 days of reviewing the application, notify the applicant by certified mail or email of the missing application materials.
(ii) An applicant shall have 15 days from when the notice is received under this paragraph to provide missing materials to the department.
(iii) An applicant's failure to complete the application by the deadline under subparagraph (ii) shall be grounds for denial of a permit.
(3) If an application under this section is complete but does not meet the minimum criteria for a permit, the department shall notify the applicant by certified mail or email of the deficiencies in the application and the following apply:
(i) An applicant shall have 30 days from the date the notice is received under this paragraph to provide supplemental application materials to the department.
(ii) An applicant's failure to provide the supplemental application materials to the department by the deadline will be grounds for denial of the issuance of a permit.
(iii) An applicant's failure to meet the minimum criteria for a permit after providing supplemental application materials to the department shall be grounds for denial of the issuance of a permit.
(iv) The department may use up to 30 additional days to issue dispensary permits to applicants that meet the minimum criteria for a permit after providing supplemental application materials to the department.
(4) If the department denies an application for a dispensary permit authorized under section 617, the department shall notify the applicant of the denial by certified mail or email. The notice shall include each deficiency in the application that does not meet the minimum criteria to be issued a dispensary permit.
(5) If an independent grower/processor or independent dispensary receives a denial under paragraph (4), the independent grower/processor or independent dispensary may reapply for a permit authorized under section 617 30 days after receiving notice of a denial.
(6) Appeals to the issuance or denials of dispensary permits under this section must be responded to by the department within 45 days of submittal.
(7) An independent grower/processor or independent dispensary issued a permit under section 617 shall notify the department when the independent grower/processor or independent dispensary location is operational.
(8) Upon notification under paragraph (7), the department shall schedule an inspection to determine if the medical marijuana organization facility is operational to the satisfaction of the department. Nothing in this section shall prohibit the department from determining that the inspected location fails to be operational.
(c) Fees.--
(1) An independent grower/processor applying for a dispensary permit shall pay:
(i) An initial application fee in the amount of $5,000. The fee is nonrefundable.
(ii) A permit fee of $30,000 for each dispensary location. The period of the permit shall be one year. An applicant shall submit the permit fee at the time of submission of the application. The fee shall be returned if the application is not granted.
(iii) A renewal fee for the permit as a dispensary in the amount of $5,000. The fee shall be returned if the renewal is not granted and shall cover renewal for all locations. An application to renew a permit must be filed with the department not more than six months nor less than four months prior to expiration.
(iv) A fee of $250 when amending the application to indicate relocation within this Commonwealth or the addition or deletion of approved activities by the medical marijuana organization.
(2) An independent dispensary applying for a grower/processor permit shall pay:
(i) An initial application fee in the amount of $10,000. The fee is nonrefundable.
(ii) A permit fee of $200,000. The period of the permit is one year. An applicant shall submit the permit fee at the time of submission of the application. The fee shall be returned if the application is not granted.
(iii) A renewal fee for the permit as a grower/processor in the amount of $10,000. The fee shall cover the renewal for all locations. The renewal fee shall be returned if the renewal is not granted. An application to review a permit must be filed with the department not more than six months nor less than four months prior to expiration.
(iv) A fee of $250 when amending the application to indicate relocation within this Commonwealth or the addition or deletion of approved activities by the medical marijuana organization.
(3) All fees under this subsection shall be paid by certified check or money order.
(4) Fees payable under this subsection shall be deposited into the fund.
(d) Regions.--An independent grower/processor may apply for a dispensary permit under this section in any region established under section 603(d).4
(e) Certification violation.--If an independent grower/processor or independent dispensary enters into a change of control transaction with another entity in violation of this act, the contract or agreement executed with the other entity for the change of control transaction shall be void, unless the change of control transaction occurs at least one year after the permittee becomes operational or the merger is between a permit holder and a diverse group.
Credits
2016, April 17, P.L. 84, No. 16, § 618, added 2023, Dec. 14, P.L. 453, No. 63, § 3, effective in 120 days [April 12, 2024].
