Answers to Your Top 10 Cannabis Business Law FAQs

Posted by Margolin & Lawrence on July 26, 2017

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It sounds like a dream, but it's not – a billion dollar black market is now a legitimate business option. If you are an entrepreneur already in the industry and looking to legalize your business, you may be confused or lack foundational knowledge about the new state and local regulations on operating a compliant cannabis business. Below are answers our Los Angeles cannabis lawyers receive most often:

1) Are owners of commercial adult-use and commercial medicinal cannabis companies required to be California residents in order to obtain a license?
No. The residency requirements of the AUMA have been repealed by the MAUCRSA. In other words, “out of staters” and even residents of other countries can freely participate. Read more about the new State Laws in our Guide


2) What area of the commercial cannabis industry is the easiest to break into?
Delivery Service requires the least start up capital and has the fewest barriers to entry.


3) Where is the best place to get a license?

There are 482 cities and 58 counties in California. Each municipality has different requirements. Call us to find out what’s best for you!


4) What type of licenses are available?
Distribution, Cultivation, Manufacturing, Testing, Micro business, Nursery and Retailer.


5) What type of Business Organization do commercial cannabis companies have to be?
Every commercial cannabis business must currently operate as a non-profit (see H&S Code 11362.765(a)), although the laws are expected to change to allow for-profit entities.

 

6) Will my cannabis businesses be discontinued by the federal government?
Hopefully not, as long as you are in strict compliance with state & local laws and your commercial activities are strictly medical.

 

7) How many licenses can an owner have?
The MCRSA does not specifically limit the number of licenses a person may hold of a particular license type; however, it does limit the types of licenses a person may hold at one time. Specifically, testing lab or large cultivation license holders may only hold a license in that specific area.

 

8) Can I have my old marijuana felony dismissed or reduced to a misdemeanor?
In many circumstances, yes. Call us to discuss.

 

9) Do I still need a recommendation to buy cannabis?
At the moment, yes! The law for commercial adult use does not go into effect until January 2018.

 

10) Where can I get my complex questions answered?
CONTACT US  to set up a meeting with our team in Los Angeles or San Francisco. 

MAUCRSA, Los Angeles, Los Angeles Marijuana Law, California Cannabis Law, Los Angeles Cannabis Attorney, Los Angeles Cannabis Lawyer

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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.