The MED recently issued Industry Bulletin 17-03 concerning House Bill 17-1034. HB 17-1034 included a clause that ensured the bill became effective upon the Governor’s signature. So while we’ll likely see formal rulemaking around the provisions contained within the bill, there are a few important components that have already taken effect:
MIP to MIP Transfers
Transfers in the medical market have always been a source of great controversy and confusion. We wrote about the topic when the MED published a tip surrounding virtual transfers from an OPC to an unassociated MMC or MIP. However, this tip didn’t hit on MIP to MIP transfers. HB 17-1034 finally clarifies the MIP to MIP conundrum. Specifically, medical MIPs can now transfer product between one another; however, there is one very important caveat. A medical MIP cannot transfer medical marijuana that is cultivated at its associated OPC. Here are two specific examples provided in the bulletin:
Permitted Transfer: Medical Marijuana Center –> MIP #1 –> MIP #2
Prohibited Transfer: MIP #1’s Associated OPC –> MIP #1 –> MIP #2
While this is generally very good news for the MIP community, please do keep in mind that there are still some important limitations.
Change in Location
Medical marijuana businesses can now move the location of their business anywhere in Colorado where local approval is obtained. Previously, medical licenses could only be moved within the same jurisdiction. Clearly, this affords much greater flexibility to medical licensees that are considering a move.
Oddly, this bulletin hasn’t yet been posted to the MED website (at the time of writing) but instead was sent via the MED email distribution list. If you’re not on this list, be sure to sign up here. We’re expecting some interesting changes during rule-making the summer, so be sure to stay in the loop!
Yours in Compliance,