California Jurisdictions Open for Cannabis Retail

Posted by Margolin & Lawrence on January 8, 2019

Despite all the talk about cannabis retail in the news, it can be difficult to tell exactly when and where it's possible for businesses to apply for a cannabis retail license. Here are a few jurisdictions where applications for cannabis retail are either currently open or planned to open in the near future. 

Riverside County

Per the county planning department, Riverside is planning to give out a maximum of 19 retail licenses. While no date is currently set, the proposal process is scheduled to begin later this year.


Santa Barbara County

County is currently accepting cannabis permit applications. Storefront retail permits are limited to eight countywide, with no more than two in any supervisorial district.


Cathedral City

Applications for retail businesses are currently open, with an application form available on the city website.


City of Chula Vista

The city’s application for cannabis businesses will open on January 14th and remain open until the 18th (for Storefront Retail, Non-Storefront Retail, and Cultivation businesses) and the 25th (for Manufacturing, Distribution, and Testing Laboratory businesses.)


City of Desert Hot Springs

Conditional use permits for cannabis activities, including Cannabis Sale Facilities, are available on the city’s website.


City of Goleta

Goleta is currently accepting applications for up to 15 total storefront retail businesses.


City of Jurupa Valley

Jurupa Valley will accept priority applications for cannabis retail from January 22nd to February 6th, with non-priority applications opening on April 1st. The number of retail businesses permitted will be linked to the city's population, with 1 license given for every 15,000 residents. This currently means that the number of licenses given will be capped at 7. 

 

City of Lompoc

Lompoc is currently accepting cannabis retail license applications.


City of Moreno Valley

In December, the city raised its cap on dispensary licenses from 8 to 23. In addition to admitting qualified applicants from the last round of applications, the city will make proposal forms for new applicants available online.


City of Pasadena

The city will license up to 6 retail establishments. The permit application process is open on the city website through January 31st.


City of San Diego

The city is currently accepting applications for cannabis outlets with retail sales, up to a limit of four businesses per council district.


City of San Luis Obispo

Applications for 3 storefront retail businesses and an indefinite number of delivery-only retail businesses are open on the city website through January 29th.


City of Vista

Per the ordinance released in December, the city will be granting 3 delivery-only (non-storefront) retail licenses this year.

Lessons From the Cape

Posted by Margolin & Lawrence on December 20, 2018
By Allison Margolin with Erin Williams
 
Last week, I travelled to Brewster, Massachusetts, a small town on Cape Cod, to speak to the city planning board about a client's proposed cannabis cultivation license. The client's proposal was the first of its kind in Brewster. Since Massachusetts legalized cannabis in 2016, so far there are only three recreational dispensaries in the whole state, with more expected to open in the coming months. Nearly 80 towns have issued bans and about 90 others have moratoriums. In other words, the change has been slow. 
 During this meeting with the planning board, I quickly realized the city seemed open to the plan, but had some basic questions on what a grow and potential retail location would mean for their small community. A few board members voiced their concerns on the effects of cultivation on groundwater and the energy costs, the town traffic (a key issue for an area with two lane highways), and potential increases in crime in the area. 
 Personally, I found these questions very encouraging. When Raza and I first started our practice almost a decade ago, the stigma against marijuana use was high, especially outside of California. Now that 33 states and the District of Columbia have legalized either recreational or medical cannabis, public opinion has shifted, too. None of the questions I heard in this meeting were about the morality of using cannabis. Instead, they were all practical concerns on the industry's impact on the environment and town safety. Here I will try to address these broad concerns.
 
Impact on Environment 
 
Obviously, this will vary with each site proposal, but what I can guarantee is that a regulated cannabis market will take the necessary precautions in meeting each state and city's guidelines than the illegal cannabis market. 
One environmental concern is water use. Cannabis plants are a  thirsty bunch, which poses more of a problem for desert climates like Southern California than places like Cape Cod. Still, it is far better to have a regulated cannabis grow in your town than an illegal grow, which might divert water or disrupt irrigation. 
Another issue is the potential clearing of forests and the effects on soil as well as the potential for pollution through the use of pesticides, herbicides, and fertilizers. Many in the industry are combatting this issue by using plant nutrients and fertilizers with a low environmental impact. 
There is also the issue of energy usage. Colder climates like Massachusetts' Cape will almost always use indoor cultivation, which will require a lot of electricity. There are ways to offset these energy costs by using solar panels, LED grow lights, etc. The more that area has renewable energy options, the better things will go for the city. 
In short, there will be environmental costs, but it will not be any more harmful than say, driving an SUV or eating too much factory-farmed meat.
 
Impact on Crime Rates 
 
Although I did not get any questions on the potential for crime – probably because Brewster is one of the safest cities in the region – this is another common question for places new to legal cannabis. Will legal weed will make your town more dangerous?
In the  5 years since Colorado and Washington became the first states to legalize recreational cannabis, there has been a decrease in violent crime for both states and a decrease in youth use of marijuana. The legal market also led to an economic boom in these states. The negative result is that there is an increase in impaired driving and traffic accidents.
Ultimately, as long as there is federal prohibition, the cannabis industry will be inherently riskier than other industries. Still, the evidence shows that legal cannabis is safer than the unregulated black market, not only for cities and states but for individual consumers which requires product testing. 
 
Harm Reduction 
 
Although I never got the chance to dive into this subject at the planning board meeting, there is evidence showing that places with legal cannabis are not being hit as hard by the nationwide opiate crisis. After 14 years of steady increases in opioid-related deaths in   Colorado, there was a 6.5% reduction in 2014. This result is consistent across other places with legal cannabis, whether medical or recreational. 
Cape Cod, a vacation area that sees little business for nine months of the year, has been deeply impacted by the opioid epidemic. A 2018  report in the  Cape Cod Times showed rescuers responded to 15% more overdose calls on the Cape in 2017 than they had in 2016. The expanded use of the opioid overdose reversing drug Narcan saved a lot of lives. Even as the rest of the state saw a decrease in opioid-related deaths for the first time in 6 years in 2017, the problems facing the Cape remain. The community is aging and the lack of opportunities have driven its youth to the major cities inland like Boston. The research implies that the medical benefits of marijuana, as well as the economic opportunities that marijuana businesses provide, would only support the Cape's community.
 I believe there will always be some potential for risk when introducing a new industry to a community, especially when that industry is centered on a federally illegal substance. However, I think the rewards far outweigh the risks. 
 

Attorney Allison Margolin on Hemp Legalization & The Farm Bill

Posted by Margolin & Lawrence on December 18, 2018

In a new video for Cheddar, Allison Margolin explains some common misconceptions about hemp legalization and the 2018 Farm Bill: 

Click here to watch the full video on Cheddar's site.

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This blog is not intended as legal advice and should not be taken as such. The possession, use, and/or sale of marijuana is illegal under federal law.