NEW COLORADO 35-DAY RULE
NEW patients may purchase Medical Marijuana within 35-days of sending their application to the Department of Public Health and Environment (CDPHE). The 35-Day has undergone significant changes with the passage of HB11-1043: under current statute NEW patients may purchase Medical Marijuana within 35-days of sending their application to the Department of Public Health and Environment (CDPHE). Please read the following FAQs for guidance.
What are my responsibilities when selling Medical Marijuana to a NEW patient using their registration application rather than the card?
Response: The patient must present you with a copy of a “current and complete” application for a registration card – including the physician’s recommendation AND a Certified Mail Receipt indicating that the application has been mailed to CDPHE and providing the date the application was mailed. YOU must confirm that:
- Application has been mailed within the last 35‐days
- Check their photo id (as with all sales), AND
- Contact CDPHE and confirm that the application has not been denied.
What about after 35‐days?
Response: No, once 35‐days have passed since the application has been submitted to CDPHE you cannot accept an application in place of a registration card.
But, wasn’t that the way it was before?
Response: Yes, prior to the effective date of HB11‐1043, patients could use their application and proof of mailing to purchase Medical Marijuana – that is no longer the case as of July 1, 2011.
Can patients use their renewal application if they have let their card expire?
Response: No, statute specifically states that a renewal application cannot be used to lawfully purchase Medical Marijuana.
How did this happen?
Response: The statute was changed through the legislative process.
Where is this in statute?
Response: C.R.S. § 24‐43.307 (5), you may also review the statutory language in a copy of HB11‐1043 which is posed on our “Laws and Regulations” Page – see pages nine and ten of the bill.
How do I get in touch with CDPHE to confirm that the application has been denied?
Response: CDPHE has placed a document on their web site that will provide you with list of Certified Mail Receipt Numbers and date of receipt of applications that have been denied. To access this document go to http://www.cdphe.state.co.us/hs/Medicalmarijuana/topics.html ‐ scroll down to the seventh grey box on the left of the screen titled “Medical Marijuana Centers” – this will take you to a two page document, on the bottom of the second page notice of any applications denied in the last 35‐days will be listed.
I’ve been told that CDPHE has not denied an application – why do we need to do this?
Response: This is not correct, applications have been denied in the past.
How do I prove that I have checked the Web site?
Response: When you check the web site print out a copy of the page at that time and you will have proof that you have indeed confirmed that the application has not been denied.