Marijuana Dispensary Licenses and Permits

 

Our law firm has been involved and listed as an Orange County marijuana lawyer member of NORML, the National Organization for Reform of Marijuana Laws, for over 15 years.  We can help you with your cannabis business plans in California, and to advise and file documents to help you start any of the following licensed marijuana related businesses:

• Medical Marijuana Dispensary
• Commercial Marijuana Retail Dispensary
• Marijuana Distribution Wholesaler
• Marijuana Grower
• Marijuana Cooperative
• Marijuana Food Product Business
• Marijuana testing facilities

As of the date of this blog posting, the new regulations in California give regulators until January 1, 2018, to begin issuing separate licenses for marijuana businesses.

The law requires separate licenses because there is an effort to prevent vertical monopolies among various business entities. Dispensaries are only permissible if the local city or county allows them through the local city or county laws or initiatives via permit.

The California Attorney General has stated that a properly organized marijuana collective can dispense marijuana through a storefront location.  In general, the requirements are as follows:

Marijuana Dispensary Licenses and Permits

1. Business Plan:  There must be a business plan that outlines the objectives and the operating structure of the company, as well as the key management and officers.
2. Proper zoning and land use: The city or in general can allow a marijuana dispensary storefront unless the municipal or county codes do not allow the manufacturing or commercial permit in the particular area.  This is especially true for mixed or residential areas.
3. A Security Plan:  Most cities require a detailed security plan that shows alarms, personnel, and strategies related to securities relating to securing the premises and controlling the inventory.
4. Insurance:  Most cities require that you show an insurance policy covering the business.
5. Site Plans:  In many cases, cities or counties may require a site plan for cultivation operations, as a construction type permit.
6. Environmental Impact / Waste Management Plan:  Many cities and counties want to see, for a cultivation operation, a waste management plan, a water management plan, and a statement of water usage and plans for how adverse consequences might be dealt with.
7. Criminal History Records for all Participants: Some jurisdictions require a LiveScan of all applicants and a disclosure of any criminal history.  This is where an expungement may help you.  This varies widely among jurisdictions.You will need to submit your fingerprints for a criminal background check. It is important to note that you may be denied if you have had a felony conviction for certain drug crimes, including sale, cultivation, or possession with intent to sell, or if you have had a felony conviction for a serious felony, a violent crime, a crime of deception, fraud, or embezzlement. You may also be denied for past violations of local ordinances, or if your local license to operate a medical marijuana business was revoked within three years of your application.
8. Tax returns / Financial Records:  Many jurisdictions want to see financial records and tax returns from the principal parties involved.

Contact us for questions or a consultation.

We can help you structure and submit all cannabis business licenses, permits, and avoid trouble with the constantly changing area of the law regarding marijuana business licenses.  Contact our firm today.