Beginning Jan. 1, 2018, businesses in California will be able to apply for a license to sell marijuana. Recently, the California Bureau of Cannabis Control, Department of Food and Agriculture, and Department of Public Health released a nearly 300-page rulebook of regulations that new and established marijuana businesses will have to follow if they are issued a license to sell marijuana.
Here are the 10 most important rules and regulations businesses selling marijuana must follow in California:
10. Delivery by Vehicle Only
Marijuana must be delivered by car or truck. Businesses are not allowed to deliver marijuana by drone, aircraft, watercraft or rail.
9. No Farming Cap
A cap on how many small marijuana farms and nurseries people can own was removed. This may clear the way for businesses to own large scale marijuana farms and operations across California.
8. Packaging Restrictions
Labels on marijuana products can’t be decorated with cartoons or anything that could be considered marketing toward children. Growers and manufacturers cannot use the term “candy” in any product branding. Marijuana products cannot be made into shapes resembling humans, animals, insects or fruits.
7. Product Restrictions
Edible marijuana products are required to be produced in serving sizes that contain no more than 10 milligrams of THC, the chemical compound that produces the feeling of being high. An entire package of edible products cannot contain more than 100 milligrams of THC. Businesses that sell marijuana products cannot mix the drug with alcohol, nicotine, caffeine or seafood.
6. Selling Restrictions
Marijuana businesses are allowed to sell non-marijuana goods and products (excluding alcohol and tobacco products) at stores as long as it is permitted by the city or county where the business is located. Retailers can sell non-flowering, immature marijuana plants, but no more than six in a single day to a single customer. Businesses can give away free marijuana samples to qualified medical patients or to their caregivers.
5. Events at Marijuana Businesses
Live entertainment is permitted at businesses as long as regulations for content and presentation are followed. Businesses can also apply for a special license to host marijuana-related events at locations such as a county or city fairgrounds.
4. License Information
Annual license fees apply to businesses based on their size and how much money they generate. License fees range from $800 for small businesses to $120,000 for distributors and microbusinesses. To hold a microbusiness license, the licensee must engage in at least three of the following activities: cultivation, manufacturing, distribution, or retail sale.
3. Advertising
Businesses can only advertise products in locations where at least 71.6 percent of the audience or clientele is “reasonably expected” to be 21 years old or older.
2. Store Hours
Businesses selling marijuana must close their doors by 10 p.m. and also must use 24-hour video surveillance. Third-party security must also be hired to oversee the premises.
1. Location Limit
Marijuana businesses cannot be located within 600 feet of schools or youth centers.
Fines for Violation
If your business violates any of the rules regarding selling marijuana in California, your business could be fined up to $5,000 by the Bureau of Cannabis Control.
If you engage in commercial marijuana activity without a license, you face civil penalties costing up to three times the amount of the license fee for each violation. If you fail to maintain or provide required records for your marijuana business, you could be fined up to $30,000 per violation.
Most violations of marijuana business laws are divided into three categories: minor, moderate, and serious. Fines for minor violations could cost as little as $100, while serious violations could result in up to $5,000 in fines.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
If you or a loved has been arrested on suspicion of a marijuana-related offense, you should speak to an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled lawyers have over 35 years of experience successfully defending clients facing drug-related charges. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.
Call our office today at (888) 280-6839 for a free phone consultation. We will be there when you call.
