Section 1000.70 Variances
Department may grant variances from this Part in individual cases when it finds
applicable provision is not statutorily mandated;
party will be injured by the granting of the variance;
3) The provision
from which the variance is granted would, in the particular case, be
unreasonable or unnecessarily burdensome; and
variance requested is from the requirements of:
1000.220(a)(1) to allow a cultivation center to be located within 1000 feet of
a dispensary; or
1000.40(b)(4) to allow the exchange or sale of seedlings, clones or cuttings of
strains of cannabis between cultivation centers in the event of a shortage due
to a catastrophic event or to promote the development and production of strains
that are beneficial to patients.
request for a variance shall be in writing (an original and 2 copies) and shall
include the following:
of the specific requirement in question;
description of the variance;
rationale for the variance and why the provision or requirement is unreasonable
or unnecessarily burdensome in the particular case;
explanation as to why no party will be injured if the variance is granted; and
5) The fee
required by Section 1000.140.
receipt of a request for a variance, the Director will appoint an unbiased
panel of no more than three members to review the request.
panel may request additional information or documentation from the applicant.
panel shall either approve or deny the request within 30 calendar days after the
date of receipt of the request, or the date of receipt of any additional
information thereafter, and notify the applicant in writing.