§ 1141.43. Closure of a facility.

 (a)  A medical marijuana organization shall notify the Department in writing immediately, but in no event less than 60 days prior to the projected date of closure, upon making a determination that it intends to close a facility.

 (b)  A medical marijuana organization may not accept or purchase seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, other plant matter, medical marijuana products, equipment, or medical devices or instruments as of the date of notice.

 (c)  The notice must be accompanied by the medical marijuana organization’s written plan for the facility being closed that must include the following information:

   (1)  The projected date of closure.

   (2)  How it intends to notify in writing, prior to the projected date for closure, any person to which the medical marijuana organization provides seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, medical marijuana products or medical marijuana services prior to closure.

   (3)  How it intends to dispose of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, medical marijuana products or other plant matter projected to still be in the facility at the time of the projected closure in accordance with §  1151.40 (relating to management and disposal of medical marijuana waste).

   (4)  How it intends to dispose of equipment or medical devices or instruments used by the medical marijuana organization in its operations at the facility.

 (d)  A medical marijuana organization may not remove or destroy any seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana, other plant matter, medical marijuana products, equipment, or medical devices or instruments until the Department has approved its plan for closure submitted under subsection (c) and shall comply with all requirements regarding disposal of medical marijuana in §  1151.40.

 (e)  The Department may enter and inspect the site and facility and the medical marijuana organization’s vehicles following receipt of a medical marijuana organization’s plan of closure to determine whether to approve the medical marijuana organization’s closure plan.

 (f)  If the Department approves the medical marijuana organization’s plan to close a facility submitted under this section, the medical marijuana organization shall surrender its permit to the Department on or before the date for closure provided in the plan.

Source

   The temporary provisions of this §  1141.43 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 (385931) to (385932).



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