O’ What a Wonderful Time it is to be a Californian

In case you did not know, our heroic, Governor threw the Medical Cannabis Regulation & Safety Act MMRSA in the trash based on public comments received during the 60 day public comment period.

MMRSA has been replaced by Senate Bill No. 94, CHAPTER 27, Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) [Approved by Governor June 27, 2017. Filed with Secretary of State June 27, 2017.

There will be another 60 day public comment period but, our Governor is confident implementation will begin on January 1, 2018. Continue reading

What Types of Testing, Retailer, Distributor Licenses are Available?

 

 

 

 

 

 

The Bureau of Cannabis Control (BCC) is the lead agency in developing regulations for medical and adult-use cannabis in California. BCC is responsible for licensing retailers, distributors, testing labs and microbusinesses.

Types of Testing, Retailer, Distributor Licenses that are Available?

Type 8–Testing.

Type 9–Non-Storefront Retailer

Type 10–Retailer.

Type 11–Distributor.

Type 12–Microbusiness.

Cannabis Event Organizer License

Temporary Cannabis Event License

The regulations and their summaries can be viewed by clicking the following links:

Regulations:   bcc_prop_text_reg- Retailers reduced

Summary:   bcc_fact_sheet

Type 9-Non-Storefront Retailer

(a) A Type 9-Non-Storefront Retailer licensee shall be authorized to conduct retail cannabis sales exclusively by delivery as defined in Business and Professions Code section 26001(p).

(b) A complete application for a Type 9-Non-Storefront Retailer license shall include all the information required in an application for a Type 10-Retailer license.

(c) A Type 9-Non-Storefront Retailer licensee shall comply with all the requirements applicable to Type 10-Retailer licensees, except for those provisions related to public access to the premises.

(d) The licensed premises of a Type 9-Non-Storefront Retailer licensee shall be closed to the public.

Type 12-Microbusiness

(a) In order to hold a microbusiness license, a licensee must engage in at least three (3) of the following commercial cannabis activities: cultivation, manufacturing, distribution, and retail sale.

(b) An applicant for a Type 12-Microbusiness license shall indicate on the application for licensure which commercial cannabis activities the applicant intends to engage in.

(c) An application for a Type 12-Microbusiness license shall include:

(1)For an application indicating that the applicant intends to engage in cultivation under the Type 12-Microbusiness license all the required information under sections 5002, 5501, 5502 and 5503 of this division.

Type 11–Distributor – Self-Distribution – Distributor Transport Only License

A distributor transport only licensee shall be authorized to engage in the transport of cannabis goods between licensees.

A distributor transport only licensee shall not be authorized to transport cannabis goods to the premises of a retailer, except for when the licensee is transporting only immature plants and seeds from a licensed nursery to a licensed retailer.Medicinal adult use cannabis business attorney, orange county, riverside, county, san bernardino, San Diego

The licensing fee for a distributor transport only license will be based in part upon whether the licensee intends to transport only cannabis goods that the licensee has cultivated or manufactured (self-distribution), or whether the licensee intends to transport cannabis goods cultivated or manufactured by other licensees.

A distributor Transport-Only license – A distributor can choose to be a Transport Only Distributor, which transports only its own cannabis and cannabis products, or transports for other licensees, but does not perform any of the other functions of a distributor. Transportation to retail licensees is prohibited by this type of license, unless the licensees are transporting immature plants and seeds from a nursery to a retailer.

Distributor license

Arrange for testing, check for appropriate packaging and labeling, collect taxes, transport cannabis and cannabis products, and may act as a wholesaler. All transportation shall be conducted by distributor licensees and their direct employees.

Cannabis and cannabis products must pass through a distributor prior to being sold to customers at a retail establishment.

Distributors must arrange for the laboratory testing and quality assurance for cannabis and cannabis products.

Distributors may package and label cannabis (dried flower) but may not package cannabis products pursuant to the distributor license.

Type 8–Testing. Testing laboratory license – Test cannabis and cannabis products.

Provisional Testing laboratory license • Testing laboratories that meet all other requirements, but are awaiting Iso (the joint technical committee of the International organization for standardization and the International electrotechnical Commission) 17025 accreditation may obtain a provisional license.

Medicinal adult use cannabis business attorney, orange county, riverside, county, san bernardino, San DiegoCannabis Event Organizer License

To obtain a temporary cannabis event license, the event organizer must first apply for and obtain a cannabis event organizer license.

A cannabis event organizer licensee is not authorized or licensed to cultivate, distribute, manufacture, or retail cannabis or cannabis products unless it obtains the appropriate licenses or authorizations to engage in such commercial cannabis activities.

Temporary Cannabis Event License

A temporary cannabis event license shall only be issued to a person who holds a cannabis event organizer license issued by the Bureau.

Violations of the requirements applicable to temporary cannabis events may result in disciplinary action against the cannabis event organizer license or any other licenses held by a licensee participating in the cannabis event and responsible for the violation under Business and Professions Code section 26070.5.

No temporary cannabis event license will be issued for more than 4 days. Temporary cannabis event licenses will not be issued separately for consecutive days for the same event.

An application for a temporary cannabis event license shall be submitted to the Bureau no less than 60 days before the first day of the cannabis event. An application for a temporary cannabis event license shall include the following:
(1)
The name of the applicant. For applicants who are individuals, the applicant shall provide both the first and last name of the individual. For applicants who are business entities, the applicant shall provide the legal business name of the applicant.
(2)
The license number for each state cannabis license held by the applicant.
(3)
The address of the county fair or district agricultural association where the event will take place.
(4)
The name of the event. . .  Continued

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Disclaimer
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.

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