Whether you need to amend your articles of incorporation to change your non-profit collective to a for-profit licensed cannabis business or need help deciding which business structure meets your operational and investors requirements.
Call me today for a complimentary Telephone Consultation to Discuss your Options.
Good News: all three state cannabis licensing authorities have announced their proposed emergency licensing regulations for commercial medicinal and adult-use cannabis have been posted online and are available to the public for review.
Bureau of Cannabis Control – housed within the California Department of Consumer Affairs, the Bureau will license retailers, distributors, third-party testing laboratories and microbusinesses. http://bcc.ca.gov/
Manufactured Cannabis Safety Branch – housed within the California Department of Public Health, MCSB will license manufacturers of cannabis products. This includes nearly all non-flower products (edibles, oils, tinctures, etc.) https://www.cdph.ca.gov
CalCannabis Cultivation Licensing – housed within the California Department of Food & Agriculture, CalCannabis will license cultivators and implement the state’s Track-and-Trace system to record movement of cannabis from seed to sale. https://www.cdfa.ca.gov
Our office has been serving the Cannabis Community since 2000. With more than 17 years of experience, our office are ready to help you succeed:
- To facilitate the formation of your very own For-Profit Cannabis Business (Retail – Commercial) as authorized under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) Click on a link for more specific information:
- What are the Types of Manufacturing Licenses Available
- What Types of testing, Retailer, Distributor Licenses are Available
- To facilitate the formation of your very own For-Profit Cannabis Cultivation Cooperative Associations (Retail – Commercial) as authorized under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following:(1) The cultivation, marketing, or selling of the cannabis products of its members.(2) The growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any product of its members.(3) The manufacturing, selling, or supplying to its members of machinery, equipment, or supplies.(4) The financing of the activities that are specified by this section.Click on a link for more specific information:Can-i-convert-my-existing-non-profit-collective-to-a-for-profit-cannabis-cooperative-associations/
- To maintain proper Regulatory Compliance with the MMP or MAUCRSA
- To facilitate the formation of your very own Non-Profit Medicinal Cannabis Group (Private Club – Non-Retail – Non-Commercial) as authorized under the Medical Marijuana Program (‘MMP’) Health & Safety Code Section 11362.765.(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. This section does not authorize the individual to smoke or otherwise consume cannabis unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute cannabis for profit.(b) Subdivision (a) shall apply to all of the following:(1) A qualified patient or a person with an identification card who transports or processes cannabis for his or her own personal medical use.(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away cannabis for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.
(3) An individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medicinal cannabis to the qualified patient or person or acquiring the skills necessary to cultivate or administer cannabis for medical purposes to the qualified patient or person.
(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use cannabis under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 11360.
(Amended by Stats. 2017, Ch. 27, Sec. 137. (SB 94) Effective June 27, 2017.)
(a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765.
(b) No medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis pursuant to this article shall be located within a 600-foot radius of a school.
(c) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures.
(d) This section shall not apply to a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider that is also a licensed residential medical or elder care facility.
(e) This section shall apply only to a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medicinal cannabis and that has a storefront or mobile retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider.
(g) This section does not preempt local ordinances, adopted prior to January 1, 2011, that regulate the location or establishment of a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider.
(h) For the purposes of this section, “school” means any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
(Amended by Stats. 2017, Ch. 27, Sec. 138. (SB 94) Effective June 27, 2017.)
(Health & Saf. Code, §§ 11362.765, 11362.775).Click on a link for more specific information:
9. Expunge or AUMA – Clean-Up Criminal Record
The Adult Use of Marijuana Act “AUMA”, or more commonly known as Proposition 64, provides a legal mechanism to persons with prior sentences for violations of certain California, Cannabis offenses, i.e., Possession for Sale – Possession – Planting – Cultivating – Transporting – to petition the Court to recall or dismissal of the sentence thus restoring their good name and employability.
Most importantly for those who want to obtain a state issued cannabis business license but, have prior criminal convictions,
Under MAUCRA, an applicant shall not be denied a state license if the denial is based solely on any of the following:
A conviction or act that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made for which the applicant or licensee has obtained a certificate of rehabilitation,
A conviction that was subsequently [Expunged] dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code or any other provision allowing for dismissal of a conviction.
What is the difference between the AUMA and Expungement?
The difference between the AUMA, Business & Professions Code § 11361.8, and Expungement or Dismissal under Penal Code § 1203.4 is that if the court grants your request to resentence the offense as a misdemeanor or infraction under the AUMA, thereafter the crime will be treated as a misdemeanor or infraction for all purposes, automatically restoring all of your civil rights which had been denied because of the felony conviction including relief of your obligation to register as a narcotics offender under Health & Safety Code § 11590.
Click on a link for more specific information:
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Please be aware that possessing, using, distributing and selling marijuana are all federal crimes and that this blog is not intended to give you any legal advice, merely legal issues to consider and inquire about when conducting business with a federally illegal substance. Please also note that even though marijuana is illegal under federal law, you will need to pay federal taxes as though you are a legal entity. This is true even if you are a state law not-for-profit entity.
IRS Circular 230 Notice: We do not provide tax advice. However, to insure compliance with certain U.S. Federal Tax Regulations, we are required to inform you of the following: To the extent this message or any attachments concern tax matters, they are not intended or written to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that might be imposed on the tax payer. Further, please be advised that to the extent this message or any attachments concern tax matters, they are not intended or written to be used and cannot be used by any taxpayer for the purpose of promoting, marketing or recommending to any party any matters addressed herein.