Posts tagged California
San Luis Obispo Accepting Cannabis Business Applications
San Luis Obispo Accepting Cannabis Business Applications
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The City of San Luis Obispo, CA is accepting cannabis business applications for Cannabis Delivery, Cannabis Microbusiness, and Cannabis Cultivation business. The application is merit based with no caps, but property is required. Applications due between January 15th - February 15th 2020.

For help with all of your upcoming cannabis licensing needs, contact Cannabis Advising Partners at (800) 819-0149 or click the button below.



Information Regarding Posting of QR Codes by Commercial Cannabis Retail Licensees
Information Regarding Posting of QR Codes by Commercial Cannabis Retail Licensees
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The Bureau of Cannabis Control (Bureau) is encouraging retailers open to the public to post a QR Code certificate that consumers may scan with their smartphone camera when visiting a commercial cannabis storefront retailer to confirm licensure. Participation in this effort by retail licensees will assist consumers in purchasing legal cannabis goods. Licensees are also encouraged to educate their customers on how to use the QR Code and the importance of shopping at a licensed retailer. The Bureau is providing licensees with an enlarged version of their individual QR Code (QR Code certificate). Storefront cannabis retailers are encouraged to assist the public by prominently displaying their QR Code certificate on the licensed premises in the following manner:

• The QR Code certificate should be visible and scannable from outside the premises.

• The QR Code certificate should be printed on paper not less than 8 ½” by 11”.

• The QR Code itself should not be less than 3.75” by 3.75”.

• The QR Code should be posted in the front window of the licensed premises or in a locked display case mounted on the outside wall of the licensed premises within three (3) feet of any public entrance to the licensed facility.

• The QR Code should be posted in a manner that is clearly visible from outside of the licensed premises by all persons entering the premises and shall be of sufficient clarity that the code can be read by a smartphone or device capable of reading QR Codes from a distance of at least three (3) feet.

Consumers can confirm that the retail location is properly licensed by using a phone camera or QR Code app to scan the QR Code certificate. Once scanned, the consumer will automatically link to a URL that confirms the cannabis retailer’s license status. The website will display the address and business license of the location to ensure that the retailer at that location is licensed. By providing commercial cannabis consumers with an easy method for verifying licensure status, the Bureau and its licensees can work together to reduce the potential risks that may come from the purchase of non-compliant cannabis goods from unlicensed retailers.


Click the video below:

 
Sacramento Serves Warrants to 24 Unlicensed Dispensaries
Sacramento Serves Warrants to 24 Unlicensed Dispensaries

SACRAMENTO – The Bureau of Cannabis Control (Bureau) and the Department of Consumer Affairs’ Cannabis Enforcement Unit (DOI-CEU) today announced a series of enforcement actions against illegal cannabis retailers operating in Los Angeles.

Search warrants were served on 24 unlicensed locations over a 3-day period from December 10 to December 12 and resulted in the seizing of $8.8 million in cannabis and cannabis products. Enforcement staff also confiscated 9,885 illegal vape pens and $128,742 in cash.

“This week’s collaborative enforcement efforts were a huge success,” said Bureau Chief Lori Ajax. “We look forward to working with local jurisdictions and law enforcement as we continue to shut down unlicensed operators in the illicit cannabis market.”

All commercial cannabis activity in California must be conducted on a premises with a valid license issued by the appropriate state cannabis licensing authority. Manufacturing, distributing or selling cannabis goods without a state license or at a location that is not licensed is a violation of state law. To file a complaint regarding illegal activity, click here – Enforcement Online Services.

To check and see if a cannabis business is licensed by the state, visit www.CApotcheck.com.

El Dorado County Accepting Commercial Cannabis Applications
El Dorado County Accepting Commercial Cannabis Applications
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El Dorado County is now accepting commercial cannabis applications.


The Numbers:

El Dorado County will approve a total of:
7 retail locations
150 cultivation operations

Commercial Cannabis Information

APPLICATION OVERVIEW

Commercial Cannabis Annual Operating Permit and Commercial Cannabis Use Permit (Conditional Use Permit)

 Commercial Cannabis businesses in the unincorporated County of El Dorado must obtain a Commercial Cannabis Annual Operating Permit and Commercial Cannabis Use Permit (e.g. Conditional Use Permit) from the Planning and Building Department located at 2850 Fairlane Court in Placerville, CA 95667.

The Commercial Cannabis Permitting Office (CCPO) within the Planning and Building Department will coordinate the process. Once a Commercial Cannabis Operating Permit (Operating Permit) and Commercial Cannabis Use Permit (Conditional Use Permit) have been obtained, the permittee must obtain State licenses. Once an El Dorado County Commercial Cannabis Operating Permit, El Dorado County Commercial Cannabis Use Permit, and State licenses have been issued, an El Dorado County business license from the Treasurer-Tax Collector must be obtained.

Local and State permits and licenses must be obtained prior to commencing cannabis business activities or expanding existing operations.

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The Commercial Cannabis Operating Permit and Commercial Cannabis Use Permit process happens in three-phases as generally described below:

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1.     Phase 1- Pre-Application (Commercial Cannabis Licensing Office Only):

 The purpose of the Phase 1 Pre-Application review is to determine basic eligibility of the proposed cannabis business operation and work to identify potential issues as early in the process as possible. This process is meant to detect issues so they can be addressed before the full application process.  Any applicant arriving at their appointment without having substantially completed the pre-application submittal materials may forfeit their appointment and be placed at the end of the applicant list.

The Pre-Application process will cost the applicant significantly less while providing information on potential issues early in the process which allow the applicant to decide if he/she wants to move forward to submit an application. The cost for the full application includes a Commercial Cannabis Use Permit (Conditional Use Permit), which could cost $9,500 or more (the fee for the Conditional Use Permit is moving to time and materials) and the Commercial Cannabis Operating Permit – Initial Application cost are as follows:

    • Cultivation

      • Commercial Cannabis Operating Permit – Initial Application - $7,284

    • Existing Retailers

      • Commercial Cannabis Operating Permit – Initial Application - $4,553

    • Retailers, Distribution, and Testing Laboratories

      • Commercial Cannabis Operating Permit – Initial Application - $5,642

    • Manufacturing

      • Commercial Cannabis Operating Permit – Initial Application - $6,445

Fees for the full application are due upfront. There are no refunds for the Commercial Cannabis Operating Permit. There are no refunds for time and materials work for the Commercial Cannabis Use Permit. The pre-application is a method to identify issues with a project before starting the application process, which there are multiple fees for a considerable amount of analysis that must be done by staff. It is strongly recommended that applicants complete the pre-application process because there could be significant cost and time savings

NOTE: While staff will take utmost care to accurately represent County Codes, Policies and applicable past positions of staff, the Planning Commission and the Board of Supervisors, it should be noted that matters discussed in the Pre-Application meeting should be not construed to bind, restrict or obligate the staff or review boards when processing a subsequent application. A more thorough review that occurs during the formal application process could reveal issues and circumstances that were not known or reviewed during the much shorter review of the Pre-Application review process. Further, it is incumbent on the part of the Applicant to obtain and understand all applicable Codes and policies.

Pre-Application Review

    • Dependent upon the proposed project location and project description, the Pre-Application package may be routed to select County departments to provide initial guidance on the adequacy of the project scope and if further information is needed prior to sending the applicant on to Phase 2 (application process).

    • Please remember to complete the Transportation Impact Study (TIS) – Initial Determination form. The information provided in the document will be used by County staff to determine if the proposed project will be required to complete a Transportation Impact Study or an On-Site Transportation Review (OSTR). If one or both are required, County staff will contact the applicant with more information about the required studies. Both studies are described in the TIS Guidelines, which can be found on the County's website. The TIS – Initial Determination form is found on the same website as the pre-application.

    • Be advised that if the pre-application is considered deficient and staff is unable to adequately review the proposal due to incomplete responses to questions or inadequate site plans and other required data, the applicant will be asked to provide clarifications and make corrections before staff can proceed with pre-application review.

    • Be advised that while CCPO staff will solicit all known requirements in preparation for Phase 2 Permit Application submittal, additional information may be requested by the CCPO or other County departments.

Fees

The Pre-Application fee is in the amount of $1,318.  Payments must be submitted along with a completed Pre-Application. Pre-Application fees are non-refundable. The fee covers Pre-Application review from CCPO/Planning and Building, Environmental Management, and Transportation.  Fees must be paid with check or credit card; no cash accepted.
 

2.  Phase 2- Full Application (Commercial Cannabis Licensing Office in the Planning and Building Department):

 The purpose of the Phase 2 Full Application review is to obtain complete information on proposed cannabis business operations and associated development on a property to ensure project compliance with the commercial cannabis ordinances and environmental review thereof. At this stage, the applicant will submit the full application to the Planning and Building Department to commence the Commercial Cannabis Use Permit (Conditional Use Permit) review and receive the fee information for the process. A set of plans will be routed to the CCPO for review and processing. During this process, the Commercial Cannabis Use Permit and the Commercial Cannabis Operating Permit will be moving concurrently and their approval will happen at the same time.

Submittal of Full Application 

    • If applicants are interested in the application process and wish to proceed, they must next submit the materials required in the application.


    • At this stage, engineered plans, architectural renderings, biotic reports, grading plans, and similar items may be required, dependent on the scope of the proposal.

CCPO staff will review the application/plans for the Commercial Cannabis Operating Permit and will initiate a completeness review for the use permit application. If, in the review process, the submitted materials are determined to be deficient by any County department or reviewing agency, the applicant will be notified to re-submit the requested materials in a timely manner. 

Other information, such as LiveScan, security plans, etc. will be required at this time.

Fees

The Commercial Cannabis Operating Permit will be processed with a set fee that will be paid at the beginning of the process. The Commercial Cannabis Use Permit application fee will be determined by an "At Cost" basis (*time and materials*). An initial deposit will be required by the respective County department. If selecting the option of a contractor to process the applications, the contractor will charge their time to the applicant through the County. The time taken to complete the application process will be billed to the applicant if it is more than the deposit. Any applicant will have to pay their application costs before he/she is recommended to go to the Agriculture Commission and/or Planning Commission. In addition, neither permit will be given without total payment for the cost of the application process. Fees must be paid with check or credit card; no cash accepted.

3.  Phase 3 – Commercial Cannabis Operating Permit and Monitoring Program - (Commercial Cannabis Licensing Office and Planning and Building Department):

 For successful applicants, the CCPO will coordinate to ensure all conditions of approval and operational requirements of a cannabis business operation are met by specified deadlines and that all operations are in conformance with approvals granted. Site inspections may be scheduled in addition to other County Departmental follow-up, as required. 

The purpose of the Monitoring Program is to ensure key milestones are reached by applicants who are on track to renew their Commercial Cannabis Operating Permit. If the CCPO recommends denial, the applicant will receive written justification for the determination. 

Fees

The following are the fees for the Commercial Cannabis Use Permit, Commercial Cannabis   Operating Permit – Initial Application, Commercial Cannabis Monitoring Program, and Commercial Cannabis Operating Permit – Renewal:

Commercial Cannabis Use Permit – As established in the most recent Conditional Use Permit – Planning Commission/Zoning Administrator, Major, or – Planning Commission/Zoning Administrator, Medium –or – Planning Commission/Zoning Administrator, Minor – set by resolution at the time of application submission for the Planning and Building Department, Environmental Management Department, and Transportation Department.  This fee is being recommended to move to time and materials.  Fees must be paid with check or credit card; no cash accepted.

COMMERCIAL CANNABIS PERMITTING PROGRAM FEE SCHEDULE

    • Cultivation

      • Commercial Cannabis Annual Operating Permit – Initial Application - $7,284

      • Commercial Cannabis Monitoring Program – $4,933

      • Commercial Cannabis Annual Operating Permit – Renewal – $4,983

    • Existing Retailers

      • Commercial Cannabis Annual Operating Permit – Initial Application - $4,553

      • Commercial Cannabis Monitoring Program – $3,318

      • Commercial Cannabis Annual Operating Permit – Renewal – $3,836

    • Retailers, Distribution, and Testing Laboratories

      • Commercial Cannabis Annual Operating Permit – Initial Application - $5,642

      • Commercial Cannabis Monitoring Program – $3,318

      • Commercial Cannabis Annual Operating Permit – Renewal – $3,836

    • Manufacturing

      • Commercial Cannabis Annual Operating Permit – Initial Application - $6,445

      • Commercial Cannabis Monitoring Program – $4,158

      • Commercial Cannabis Annual Operating Permit – Renewal – $4,419


Please Remember – Obtain County Business License:

It is unlawful for any person to transact any kind of business in the unincorporated territory of the County without possessing an unexpired and unrevoked County business license unless the business is exempt from the license requirements. Business licenses must be renewed annually. A renewal notice will be mailed to you in the month prior to your renewal date. A business license can be obtained through the Treasurer-Tax Collector's Office.

An El Dorado County business license should be obtained after a commercial cannabis business has received its El Dorado County Commercial Cannabis Use Permit and Commercial Cannabis Operating Permit along with its licenses from the State of California.

General Advice and Instructions to the Applicant

The information provided in all phases of the application process will be used to determine the eligibility for eventual cannabis land use permits, under County Code Chapter 130.41.  These rules are in the Commercial Cannabis Ordinances below.

      • The application requirements listed herein are the minimal requirements. Any additional information believed to assist staff in understanding the proposed operation may help to more effectively move it through the review process.

      • Be advised that the applicant will need the help of professionals at some point in the application process, either based upon a County requirement or to help more efficiently navigate the Commercial Cannabis Operating Permit and Commercial Cannabis Use Permit process. Such professionals may include: land-use consultants familiar with County planning requirements and review procedures; qualified biologists or archaeologists to review sensitive sites; licensed professionals (architects, civil engineers, traffic engineers, surveyors, engineering geologists, etc.) to prepare grading plans, design commercial buildings, roads, and parking plans.

      • It is the applicant's responsibility to provide all required information and cooperate with all required field investigations. Discovery of any false or misleading information is grounds for permit denial or revocation.

      • If the applicant is filling out the application questionnaire by hand, neatly print in blue or black ink. Illegible writing will not be accepted.

      • The applicant must respond to all items and questions. If a question does not apply to the project being proposed, write "N/A" (not applicable) in the space provided for your response.


      • If the applicant needs more space for any response, attach additional sheets and identify the additional information by the application form number and question number.


      • The reviewing agencies may ask for additional information to process your application.


      • Outdoor, mixed-light and indoor cultivation of commercial cannabis require a renewable source of energy. If you are not planning to provide your own renewable on-site energy source, the following options from PG&E provide you the opportunity to purchase renewable energy. https://www.pge.com/en_US/residential/solar-and-vehicles/options/solar/solar-choice/solar-choice.page

Commercial Cannabis Ordinances & Rules

  • Commercial Cannabis Ordinance 5107 - Taxation of Independently Authorized Commercial Cannabis Activities

  • Commercial Cannabis Ordinance 5109 - Commercial Cannabis Activities Permitting and Enforcement

  • Commercial Cannabis Ordinance 5110 - Outdoor And Mixed-Light Cultivation of Commercial Cannabis

  • Commercial Cannabis Ordinance 5111 - Retail Sale, Distribution, Indoor Cultivation, Laboratory Testing, And Manufacturing of Commercial Cannabis

  • Commercial Cannabis Ordinance 5112 - Adopting an Update to Title 130 (Zoning Ordinance)

Commercial Cannabis Forms

  • Commercial Cannabis Pre-Application

  • Commercial Cannabis Pre-Application - Transportation Impact Study (TIS) – Initial Determination

  • Commercial Cannabis Use Permit (Conditional Use Permit)

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Project Description Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Testing Laboratory Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Distribution Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Manufacturing Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Cultivation Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Retailer Attachment

  • Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Site Security Plan

For more information follow this link to the El Dorado County Planning Services website:

https://www.edcgov.us/Government/planning/Cannabis/Pages/Cannabis---Commercial.aspx

Long Beach to Lower Cannabis Taxes for Non-Storefront Businesses
Long Beach to Lower Cannabis Taxes for Non-Storefront Businesses
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The Long Beach City Council has voted to lower the tax rate for cannabis cultivators, manufacturers, distributors and testing labs from 6% to 1%.

 Although this new rate won’t come into effect until an ordinance is created, many cannabis business owners are starting to feel more at ease after months of lobbying for lower taxes.

The City Council purposely left retail taxes out of the picture. By lowering the taxes of other cannabis business sectors, cannabis dispensaries will pass on less product costs to their customers. This will give the Long Beach legal cannabis market time to establish itself and outgrow the black-market shops.

As of August 2019, the city had received 618 cannabis business applications, in which only 106 of those had been issued a business license. Hundreds of facilities remain under construction, under building plan review or pending building plants or initial zoning review.

At 6%, Long Beach currently holds one of the highest taxes for any non-storefront cannabis business. Even Los Angeles holds a 2% tax on cultivation on manufacturing and cultivation and 1% on distribution and lab testing.

The city’s cannabis revenue will drop a few hundred thousand dollars, but this will depend on how many cannabis businesses the city allows to open its doors.

The ordinance will be drafted in the next coming months and will not go into effect until the city council approves it twice and at least 30 days have passed after the mayor signs it into law.

California Cannabis City Updates
California Cannabis City Updates
 
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Stanton, CA
Stanton residents recently voted on a tax that would tax commercial cannabis businesses (Measure A).

 
Oxnard, CA
Oxnard will hold a hearing for a retail cannabis ordinance. The meeting will take place on December 3rd.


Benicia, CA
Benicia has approved an ordinance for delivery only cannabis activity.
Additionally, the city will remove the cap on micro businesses in the jurisdiction.


Thousand Oaks, CA (11-5-19)
Thousand Oaks has extended a moratorium on all commercial and industrial hemp
cultivation, processing, storing, retail and other commercial uses.

Receive industry updates on all cities going live by subscribing to our newsletter.

Follow the link below:

https://cannabisadvising.com/newsletter

Cannabis Legalization Linked to Substantial Drop in California Suicide Rates: Study
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Calvin Hughes 
May 31, 2019

Civilized.life

California's legalization of medical marijuana in 1996 was followed by a drastic reduction in the state's suicide rate, according to researchers at the University of California Irvine.

"In particular, for all suicides, our results demonstrate that California's 1996 intervention led to an average reduction of 398.9 suicides per year and a cumulative reduction of approximately 3,191 suicides during 1997–2004," reads the recently published study. "Similarly, legalization led to a reduction in gun suicides of 208 per year on average and a cumulative reduction of approximately 1,668 fewer gun suicides during 1997–2004."

Their data was sourced from state suicide records spanning the years between 1970 and 2004. While reduced suicide rates were seen across the board, the decrease in gun-related suicides appears to be the most related to medical marijuana legalization. Researchers said it was not certain why medical marijuana seems to have such an impact on gun-related suicides, but suggested it may have to do with marijuana as a means of fighting depression and anxiety.

"If marijuana alleviates the acute stress associated with these disorders, we expect suicide risk to decrease following legalization of medical marijuana," the authors wrote. "The evidence for this is mixed, however."

Some researchers argue that the study's key finding has less to do with cannabis itself and more to do with America's gun laws. According to the Gun Control Act of 1968, people who use cannabis or any other federally prohibited substance are banned from owning guns. That means California's drop in gun-related suicides could actually stem from the fact that medical marijuana patients have less access to firearms, say the study authors.

Protecting gun rights for medical marijuana patients has been fiercely debated as medical marijuana legalization has continued to spreads across the country. And while many have argued that patients should be able to access both medical marijuana and keep their Second Amendment right to own a firearm, the reduction of gun-related suicides may be one unintended benefit of the ban.

Summary of Major Changes of the Recently Amended Article 4 of Chapter X City of Los Angeles Ordinance
Summary of Major Changes of the Recently Amended Article 4 of Chapter X City of Los Angeles Ordinance

The most significant updates to Article 4 include a revised definition of “Undue Concentration” to increase the number of the number of cannabis businesses and define ownership concentration.  In addition, a tiered system of “Social Equity Applicants” was permitted to allow for economically disadvantaged persons to apply for cannabis licenses.

  • The definition of undue concentration was updated to allow for additional business licenses according to population density and applicable zoning laws.  This includes:

    • One Store Front Retail (Type 10 license) for every 10,000 residents.

    • One Microbusiness (Type 12 license) for every 7,500 residents.  A Microbusiness is an entity that engages in cultivation on less than 10,000 square feet.

    • One square foot (1 sq. ft.) of cultivation space for every 350 square feet of zoned land.

    • One license to manufacturer (Type7) for every 7,500 residents.

    • Existing dispensaries (EMMD) and processors (as defined under Section 104.08) are not subject to this new rule.

    • Additional rules, including calendar days, for how applications are submitted, accepted, processed, approved and denied was also clarified. Some limits pertaining to zoning (i.e. M1-M3, MR1, MR2), as well as limits on the number of licenses (i.e. 1 cultivation license per every 2,500 square feet of cultivation space) were also delineated.

    • The Undue Concentration provisions may be waived if the City Council believes doing so would serve “public convenience or necessity.”

  • Ownership & Percentages was also updated to clarify and limit the number of individuals that may own cannabis businesses

    • A person may own or have a maximum 20% profit share in up to three Storefront retail (Type 10) or Delivery (Type 9) businesses. 

  • Three types of Social Equity Applications (Tier 1, Tier 2 and Tier 3, each which must be approved by DCR), were introduced:

    • Tier 1 applicants are reserved for those with low income AND a prior California Cannabis Arrest or Conviction; OR Low income and a minimum of 5 years California residency. 

      • Restrictions, including a minimum ownership requirement (51%), as well as benefits including expedited renewal processing, fee deferrals are also detailed.

    • A “Tier 2 Social Equity Applicant” was also defined to include anyone with a Low Income & 5 years' residency or 10 years residency and no less than a 33.3% ownership.

    • A “Tier 3 Social Equity Applicant” was also defined to essentially include those entities that support Tier 1 & Tier 2 applicants and regulates the price per square foot of property, in certain instances.

  • Finally, this ordinance also requires a completed financial statement for the “most recently completed fiscal year” for any cannabis businesses applying for a renewal license.


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