A memo released Sept. 27 by the Department of Revenue's director of enforcement states that new patients have to wait 35 days from the mailed application date to begin purchasing medication. Matt Cook writes:
The failure of the CDPHE [Colorado Department of Public Health and Environment] to issue or deny a patient registry application after thirty-five days creates a presumption of approval until a formal approval or denial is issued. That same deemed approval does NOT apply in the immediate thirty-five days from the date of submission of the application for inclusion in the patient registry to CDPHE.
Therefore, the MED [Medical Marijuana Enforcement Division] is not in a position to authorize a MMC to sell medical marijuana to a patient whose application for a registry card is less than thirty-five days old.
In a news release from the Cannabis Therapy Institute, Denver attorney Lauren Davis says the new rule is blow to patients' rights.
This rule effectively denies patients' access to medicine, even after they have jumped through all of the hoops the State has put in their way. This is another clear example that the legislature and the Department of Revenue do not care about patient's rights, or their safe access to medicine. We must challenge the provisions of 1284 that hurt patients and caregiver rights.
Attorney Danyel Joffe echoes that sentiment in the same release.
This is extremely unfair to patients. Other medical patients do not have to wait 35 days before they can buy their medication.
On a side note, the DOR has posted its collection of centers, infused-products manufacturers and optional grow facilities. View that, and the aforementioned memo in its entirety, here.