In view of the rapid, changing circumstances for MMJ businesses, the Department of Revenue is permitting applicants to amend their applications in the following situations:
Cultivation Location Change
Replacing a cultivation location with a new cultivation location (filing an amended appendix A) to the original application. I suspect that another OPC fee must be tendered along with the new Appendix A;
Adding/Removing Key Persons
Adding/deleting managers, members, shareholders. New key person applications must also be tendered;
Transferring or Selling Business Assets
Transferring or selling the business assets (internal changes to an LLC or corporation, including transferring all stock/ownership of that entity); or
Increasing/Decreasing Premises
Increasing or decreasing the size of the proposed premises.
This list is not exhaustive and amendment may (or may not) be permitted in other situations.
Next, you must first seek local approval for any of the above-changes to your business. Also, you may only amend the application if:
1) You were operating an established, locally approved business on July 1, 2010, (or you had an application on file by July 1, 2010, which was subsequently approved), and;
2) You filed the required applications and fees with the Department of Revenue on or before August 1, 2010; and
3) On or before September 1, 2010, you certified that you were growing at least 70% of the medical marijuana necessary for your operation.
Mr. Cook advises that continued operation of a medical marijuana business or without meeting all three of these conditions is in violation of 12-43.3-901(1)(c) and 12-43.3-901(1)(d) C.R.S.
This means that if you were late with your 9/1/10 certification, you are no longer permitted to continue to operate while your application is pending and must submit an entirely new application.