Cannabis Legal Services
This past election, California passed the "Control, Regulate, and Tax Adult Use of Marijuana Act" or better known as the "Adult Use of Marijuana Act." Although recreational use and entrepreneurial avenues have had their shackles broken free by the state of California, it's still illegal to possess, cultivate, distribute, and manufacture marijuana under federal law.
Even if you're within strict compliance with California law, you and your business will remain at risk to be inflicted with federal criminal charges. Following the criminal charges for your cannabis commerce ambitions, your business will be shut down, and your assets will be seized by the federal government. However, there are methods to avoid such harsh charges while achieving compliance and maintaining good standing with California's legal guidelines, as well as the federal government.
Cannabis Business Consulting Services
The legal medical and adult-use cannabis market is projected to be a multi-billion dollar industry. To legally operate within the industry, however, a cannabis entrepreneur must obtain both State and Local licenses. This goes for all the types of licenses:
- Retail and Delivery
It is also important to realize that there are two licenses a marijuana entrepreneur must obtain:
- Temporary License
- Annual License
A cannabis entrepreneur must apply for their annual license within a 120 day period after obtaining their temporary license. At Kocot Law, we are here to take you step-by-step through both licensing processes.
For more information, learn more about our Cannabis Consulting for Businesses Legal Service.
Cannabis Local Law Consultation in Sacramento
All of the California State cannabis temporary and annual cannabis licenses require authorization from the locality an entrepreneur intends to operate in. Therefore, a cannabis entrepreneur should always begin by looking into the local regulations of the city or county they intend on operating in to make sure the cannabis license they seek is offered by the city or county.
For any type of local Sacramento Cannabis license, an entrepreneur must obtain two types of permits:
- Conditional Use Permit (CUP)
- Business Operating Permit (BOP)
The CUP applies to the businesses’ property, while the BOP applies to operating the business. A marijuana entrepreneur should take care of the CUP prior to the BOP, as the BOP applications require the CUP. Additionally, certain Sacramento cannabis licenses require a Neighborhood Responsibility Agreement. All licenses required fingerprinting as part of background check.
For more information, learn more about our Cannabis Local Law Consultation and Guidelines Legal Services.
California State Law for Cannabis Licensing
Currently, the State of California offers the following State medical and/or adult-use cannabis permits:
- Testing Laboratory
- Cannabis Event Organizer
Many California towns and cities offer all, or at least some of these marijuana license types. In order to operate in the medical and/or adult-use cannabis space, you must obtain both a state and local license. To obtain both licenses, you have to file separate applications with the state and locality you plan to operate in. It may sound counter-intuitive, but the most important thing to keep in mind when applying for any type of medical or adult-use marijuana license is: Local law rules the day.
What does this mean for the cannabis entrepreneur? Make sure that you find a location that will allow you to run your marijuana business before worrying about the state application process. Part of the State medical and/or adult-use marijuana application process requires an applicant to show compliance with local law. The state regulations, however, also give local government leeway to come up with their own rules and regulations. This leeway includes allowing a complete ban on all commercial cannabis activity.
For more information, learn more about our Cannabis State Law Consultation Legal Services.