what is a marijuana compliance attorney

A marijuana lawyer will notify you of any changes in the law and help to ensure that you remain in compliance. If you do encounter compliance issues, your attorney can advise you on how to resolve your non-compliance and restore your business to good standing. License Violation Defense

Full Answer

What Type of License Do I Need to Open a Marijuana Business?

One of the first steps in complying with Colorado’s marijuana laws is having an appropriate business license. The license you obtain will depend on whether you want to go into the retail or medical industry. Keep in mind; you may be required to obtain various business licenses depending on the county where you plan to open the business.

Penalties for Violating Regulations

The mission of the MED is to promote public safety and reduce public harm by regulating the marijuana industry. The legal text governing the medical and retail marijuana industry is over 500 pages. Failing to comply with these strict regulations can result in hefty fines, license restrictions or license revocation.

Federal Marijuana Laws

Marijuana is fully legal in Colorado, but it may come as an unpleasant surprise to know federal law still treats marijuana as a schedule I controlled substance. This contrast in federal and state law creates a situation where you can be charged with a federal crime for activities that are allowed by the state.

Understand the law

Primary for any compliance program is assuring a clear understanding of implicated areas and the applicable laws.

SOPs and employee handbooks

If the first element is the “what,” the second element is the “how.” Employee handbooks and standard operating procedures help implement the legal obligations into specific protocols integrated into the business.

Culture of compliance

A company must prioritize compliance, both operationally and culturally. Missions and values matter.

Monitor and remediate

Monitor compliance regularly. The activity and the law will determine the needed frequency. Assess whether employees know when to seek advice and whether they would be willing to do so.

What is the hurdle to forming a marijuana business?

The other major hurdle for forming a marijuana business versus any other type of business is the type of licenses required. Each cannabis business must have all applicable state and city marijuana licenses. If a person is applying for a marijuana business license, they must also have a sales tax license. Back to Top.

What is a retail marijuana transporter?

Retail Marijuana Transporter – A retail marijuana transporter license only allows for the transport of retail marijuana and retail marijuana products from one retail marijuana establishment to another. The transporter license does not allow for the sale of marijuana.

How old do you have to be to get a marijuana license in Colorado?

There are a couple of general requirements when applying for a marijuana business license in Colorado Springs. First, the applicant must be 21 years of age or older. The applicant must also be in possession of a storefront where the business will be operated, and that storefront must abide by city zoning ordinances.

How much is marijuana sold in Colorado?

Sales of cannabis in Colorado have reached $6 billion since sales of recreational cannabis started in 2014. Marijuana is still a very strictly regulated business. If you are looking to open a dispensary, a manufacturing facility, or a transport business for marijuana, you do not want to take the risks of forming the business yourself.

Can a marijuana manufacturer sell to consumers?

They are not allowed to sell directly to consumers. Retail Marijuana Products Manufacturer – Manufacturers are allowed to purchase marijuana and then manufacture, prepare, and package marijuana products. They can also sell the products to retail stores or other manufacturers but not to consumers.

Is marijuana a gold rush?

Marijuana Business Formation. Many people are looking at the burgeoning marijuana industry as a modern-day gold rush. A business that was once exclusively associated with the criminal elements is now a respectable business enterprise. Sales of cannabis in Colorado have reached $6 billion since sales of recreational cannabis started in 2014.

Do you need a marijuana license for a dispensary?

For instance, if you want to open a dispensary that grows its own cannabis, then you will need both a retail marijuana store license and a retail marijuana cultivation license.

How much will cannabis retailers pay in taxes in 2021?

Cannabis retailers are forecasted to pay over $1.5 billion more in taxes in 2021 and, when combined with the rest of the supply chain, will pay over $2.2 billion in additional taxes in 2021. 280e Example of Impact on Retail. Normal Business.

Why is cannabis technology important?

A cannabis technology solution provides real-time seed-to-sale visibility of the supply chain by managing and automating transactions and lot tracking and traceability capabilities – ensuring security and accountability by utilizing user-based software permissions to validate employee transactions.

How much cannabis can I buy in Alaska?

For instance, both medical and recreational consumers can only purchase one ounce of cannabis per transaction in the state of Alaska. The limits are different in California where medical cardholders are allowed up to eight ounces per day, while recreational buyers are constrained to just one once daily.

Why is traceability important in cannabis?

One of the major concerns in the wake of the increased legalization of cannabis is the ability to monitor the product from seed to sale. From the top of the production and supply chain to the bottom, traceability is crucial to cannabis compliance.

When did the cannabis industry start making waves?

When the legal cannabis industry began making waves in the late ’90s, there was still a major stigma against cannabis users. Although the federal status of the plant has yet to change, a Pew Research survey shows that around nine-in-ten Americans favor legalization for adult-use or medical purposes.

When did Nevada legalize cannabis?

Nevada boasts both medical and adult-use cannabis markets. The state voted to legalize medical cannabis back in 2000, although their first medical dispensary did not open until 2015. While the medical cannabis space in Nevada began with a crawl, the adult-use industry has been quite different.

Does IRC 280E allow for marijuana?

Retailers are struggling to make profits due in a large part to federal taxation. IRC 280E does not allow entities conducting business in federally illicit trade, such as cannabis, to write off common and ordinary deductions from their federal taxes.

Connecticut

As of July 1, 2021, recreational cannabis is legal in Connecticut, along with medical marijuana. Recreational sales are expected to begin in 2022. The current medical program in Connecticut allows only licensed pharmacists to serve as facility managers and oversee the dispensing of all medical marijuana products.

Florida

The bill to legalize medical marijuana in Florida was passed in 2017. Cannabis is only considered ‘medical’ in Florida if it is purchased by a qualified patient in a licensed medical marijuana treatment center. Licenses are required for physicians, dispensaries and other business areas.

Georgia

Medical marijuana is available in Georgia to certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil.” The Georgia Department of Public Health issues a “Low THC Oil Registry Card” to people with specific medical conditions. The card proves that they are authorized to have the oil and protect them from arrest.

Maine

The state of Maine has a dedicated office under the Department of Administrative and Financial Services. The Office of Marijuana Policy oversees all facets of cannabis in Maine. This includes identification cards, dispensaries, cultivation, manufacturing, testing facilities, and more.

New York

New York is unique in that they have two separate regulatory bodies for medical and recreational marijuana. New York medical marijuana is overseen by the Department of Health. The state legalized recreational use in September of 2021. The comprehensive roll-out plan involves the creation of the Office of Cannabis Management.

North and South Carolina

Neither of the Carolinas has legalized marijuana in any form. Both states have pending legislation, but it is moving relatively slowly through the judicial system. Cannabis is currently completely illegal and being caught in possession of marijuana could result in harsh penalties.

Virginia

The south is not known for being cannabis-friendly. Virginia is the first state in the south to make serious efforts towards legalization. As of July 2021, it is legal for adults over the age of 21 to possess up to one ounce of marijuana. A household may grow up to four plants total (not per person).

What Is It?

• A Medical Marijuana Certificate of Compliance (MMCC) is an essential part of your application for a medical marijuana business license, whether you’re applying for a new license or a renewal. In order to have a medical marijuana business, you must comply with all city or county codes regarding waste, fire, zoning, and building safety codes.

See more on oklahomamedicalmarijuana.attorney

How Do I Get One?

Do I Need An Attorney?

Free Consultation with A Tulsa Medical Marijuana Attorney