Not a Hallucination: Oakland Moves Closer to Legalizing Mushrooms

Posted by Margolin & Lawrence on May 31, 2019

While much of California continues to break boundaries on legalizing cannabis, Oakland is poised to follow in Denver’s footsteps in bringing a different substance to the mainstream: natural psychedelics.

California Ready to Embrace Hemp-Derived CBD in Foods and Supplements

Posted by Margolin & Lawrence on May 28, 2019


Opportunity for Potential Investors to Join Pending Phase II Licenses

Posted by Raza Lawrence on May 17, 2019


Governor Releases Revised State Budget, Statutory Changes Affecting Cannabis in California

Posted by CA NORML Guest Blog on May 13, 2019


Delivery Update: Bay Area Cities

Posted by Margolin & Lawrence on May 8, 2019

Many jurisdictions across California allow cannabis to be sold at brick-and-mortar retail stores and dispensaries, while many either ban or severely restrict storefront sales. But what is the legal status of cannabis delivery businesses – operations that sell medical or adult-use cannabis to customers, but operate only on a delivery basis?

As they present a unique category of cannabis activity, delivery-only businesses are treated differently than storefront retail, which often means they use a separate application process as well. Here's the status of delivery-only cannabis retail in the largest cities in the Bay Area:

San Jose

San Jose allows cannabis businesses and collectives to delivery cannabis, but applications are currently closed.
San Francisco
San Francisco allows delivery-only cannabis retail. Applications are currently open for equity applicants and equity incubators (a business that agrees to support an equity applicant by providing it with rent-free space or technical assistance.)
Oakland allows delivery-only dispensary operations. Applications are currently open, but while there is no cap on the total number of permits that can be granted, the city will give at least half of all permits to equity businesses.
Applications are currently open for delivery businesses, with no limit on the amount of permits to be granted.
Fremont currently bans cannabis delivery.
Modesto currently bans cannabis delivery.
Santa Rosa
Santa Rosa allows cannabis delivery. Starting June 3, 2019, the city will be accepting Conditional Use Permit applications for new Cannabis Retail on a first come, first served, first complete basis. The online portal to schedule an application will open on May 20.
Hayward allows cannabis delivery. Applications are currently closed, but the city plans to begin a new Request For Proposals process after the review of the previous round is complete ("6 to 12 months following the conclusion of the Tier 2 review.")
Sunnyvale currently bans cannabis delivery.
Concord allows delivery of medicinal cannabis to qualified patients from licensed cannabis retail businesses located outside of Concord, but is not granting delivery permits.
Santa Clara
Santa Clara has established a cannabis tax rate and considered allowing commercial cannabis activity, but the city currently has a ban on all commercial cannabis business in place which may be extended through June 2020.
Vallejo is not currently accepting applications for cannabis delivery licenses.
Berkeley currently bans delivery-only cannabis retail.
Fairfield currently bans all cannabis activity, including delivery.
Richmond allows cannabis delivery by dispensaries, but the city has already granted its maximum number of retail permits. 
Antioch is currently accepting applications for cannabis retail delivery. There is no deadline or limit on the amount of permits to be granted, but the zoning restrictions on retail cannabis businesses may limit the number of eligible locations. 
Daly City
Daly City has established a cannabis tax rate and considered allowing commercial cannabis activity, but the city currently has a moratorium on commercial cannabis business that will last until December 11, 2019.

LA Phase 3 Major Updates

Posted by Margolin & Lawrence on May 2, 2019


On April 30th, the Los Angeles City Council approved new legislation to begin the third and final Phase of cannabis licensing within the City of Los Angeles no later than the end of next month.

Phase 3 will include two rounds of applications for Storefront Retailer Licenses in addition to one round of applications for Non-Storefront (i.e., Delivery) Retailer Licenses.

Priority will be given to Tier 1 and Tier 2 Social Equity Applicants for all three rounds. Additionally, each round will operate on a first-in-time rule. In other words, the first application submitted will be given priority over succeeding applications with premises within 700 feet of the property. Licenses will be issued on a first-come-first-serve basis.





The upcoming Phase of cannabis licensing will give priority to applicants under the Social Equity Program, a program designed to provide reparations to individuals who have been disproportionally impacted by the war on drugs. Social Equity Applicants will receive expedited application review among other benefits through the program. Eligible applicants in the program will be classified as either Tier 1 or Tier 2 applicants, depending on the criteria they meet. To qualify for Tier 1 or Tier 2 Applicant status, individuals must have lived in a Disproportionately Impacted Area (DIA) for a minimum amount of time and cannot own an Existing Medical Marijuana Business (EMMB). The City of Los Angeles has listed a set of zip codes that currently qualify as DIAs. The City announced that it may add additional zip codes to this list in the future.


After all Tier 1 and Tier 2 Applicants have been verified and notified by the DCR, the DCR will begin accepting applications for Round 1 of Phase 3. Only verified Tier 1 or Tier 2 Social Equity Applicants will be eligible to submit an application during Round 1. Applicants must submit all required documents (see table) within a 14-day period to be announced by the DCR. The dates of the 14-day period have not yet been identified, but the City Council has ordered the DCR to begin this period no later than September 3, 2019. The DCR will distribute 100 licenses during Round 1 to the first 75 eligible Tier 1 Applicants and the first 25 eligible Tier 2 Applicants. Verified Tier 1 or Tier 2 Applicants can only apply for one license during Round 1.


Following the 14-day period of Round 1, the DCR will host a second round of Storefront Retail License application processing. Round 2 will only accept applications from verified Tier 1 and Tier 2 Applicants, just as in Round 1. For the second round of application processing, the DCR will accept applications during a 30-day period that has yet to be determined. Specific documents will be due within the 30-day application period, while all additional documents will be due within 90 days (see table). The first 150 eligible applicants will be issued licenses. The DCR may issue additional licenses until each Community Plan Area (CPA) has reached Undue Concentration. Tier 1 or Tier 2 Applicants who were issued a license during Round 1 may not apply for a license in Round 2. 


The DCR has announced that it will launch a Delivery Pilot Program, where it will issue Non-Storefront Retail (i.e., Delivery) Licenses to the first 60 eligible applicants. The Delivery Pilot Program will accept applications from verified Tier 1 and Tier 2 Applicants as well as General Applicants. The DCR announced that delivery will be restricted to addresses within City limits unless special permission is granted by the DCR. 






Applicants that qualify as Tier 1 or Tier 2 Social Equity Applicants must submit a preliminary application along with supporting documents to the Department of Cannabis Regulation (DCR) in order to have their Tier 1 or 2 status verified. The Ordinance voted into law yesterday identifies an unspecified 60-day period in which these preliminary applications will be received. Although the exact dates of the application window have yet to be determined, the City Council approved a motion ordering that the 60-day period begin no later than May 28, 2019. The DCR will not accept applications or supporting documents after the 60-day period. After the 60-day period ends, the DCR will determine whether or not applicants are verified as Tier 1 or Tier 2 applicants and notify all applicants of their final, non-appealable decision prior to the beginning of the Phase 3 Round 1 application window.





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.