On September 27, Matt Cook, head of the Medical Marijuana Enforcement Division for the Colorado Department of Revenue and recent CLE speaker, issued a memo to clarify the Division’s position regarding a Medical Marijuana Center selling marijuana to its patients within the first 35 days from the date the paperwork is sent:

A patient with application paperwork that is less than thirty-five days old may be denied a card by the CDPHE in the remaining portion of the thirty-five days. Therefore, it is the position of the (Medical Marijuana Enforcement Division) that if a MMC sells medical marijuana to persons having evidence of the proper filing of applications with the Patient Registry which are not dated at least thirty-five days prior to the sale, that MMC is doing so at its peril.

If MMCs sell medical marijuana to patients having evidence of the required applications being filed with the medical marijuana registry, but not dated at least thirty-five days prior to the date of the sale which are later denied by the CDPHE, or the patient has presented fraudulent documents, the MMC may face administrative and criminal sanctions as provided in law.