Section 1000.130  Permit Renewal

a)         Every cultivation center permit, agent and agent-in-charge identification card issued by the Department under the Act and this Part shall expire annually on the date it was issued. 

b)         Every renewal application for a permit, agent or agent-in-charge identification card issued pursuant to this Part and accompanied by the proper fees (see Section 1000.140) shall be filed annually with the Department at least 45 calendar days prior to the date the existing permit or registration expires.

c)         The Department shall send written notification of expiration to each permitted cultivation center at least 90 days prior to expiration.  However, failure to receive a renewal form from the Department shall not excuse the cultivation center from paying the renewal fee or renewing the permit prior to its expiration.  Except as allowed by subsection (e), production, sales and delivery of medical cannabis on an expired permit is not permitted and is grounds for imposition of discipline.

d)         The Department shall grant a renewal application within 45 days after its submission if the following conditions are satisfied:

1)         the registered cultivation center submits a renewal application and the required renewal fee; and

2)         the Department of Agriculture has not suspended the registration of the cultivation center or suspended or revoked the registration for violation of the Act or this Part. (Section 90 of the Act)

e)         Failure to renew prior to the expiration date of the applicable permit or agent or agent-in-charge identification card shall result in the permit or identification card being suspended for a maximum of 30 days, after which the permit, if not renewed, will be deemed expired. During the suspension, the cultivation center shall not sell or deliver any cannabis or cannabis-infused product.

f)         If a renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit or identification card, the permit or identification card shall not be eligible for renewal, and the applicant shall cease and desist from all production, sale and delivery activities.

1)         If a permit renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit, the Department shall accept applications for cultivation center permits in the applicable State Police District in accordance with Sections 1000.100 and 1000.110.

2)         The cultivation center shall dispose of all medical cannabis in its possession in accordance with Section 1000.460. 

g)         Upon request for renewal, the Department shall consider the permittee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.

h)         The Department may deny a renewal after consideration of the permittee's history of compliance.