- Posted by Shari Tocchini, Esq
- On April 27, 2016
- AB266, Bureau of Medical Marijuana Regulation, California, California Department of Food and Agriculture, cannabis, Cannabis License, Cannabis Permit, Department of Public Health, Kyndra Miller, legalization, marijuana license, marijuana permit, Marijuana Tax, Medical Marijuana, Medical Marijuana Regulation and Safety Act, MMRSA, regulation, SB643, Shari White
California’s AB 266 creates a regulatory framework for the medical marijuana industry that requires state and local licenses for medical marijuana businesses. It also establishes a new Bureau of Medical Marijuana Regulation that will oversee this multiagency licensing and regulatory structure, relying on expertise from the California Department of Food and Agriculture and the Department of Public Health. AB 266 also includes a number of detailed provisions concerning enforcement, licensure, packaging/labeling and reporting.
Of particular importance are the provisions that pertain to local county authority:
- Protect existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local permit or licensing agreements.
- Allow local governments to adopt ordinances establishing additional standards, requirements, and regulations for local licenses and permits for commercial cannabis activity.
- Retain the power of local jurisdictions to assess fees and taxes on licensed facilities and the business activities of those licensees.
- Allow a county to impose a tax on each delivery transaction.
- Ensure that it would not interfere with an employer’s rights to maintain a drug and alcohol free workplace.
This new regulatory framework puts a lot of political control in the hands of the local government. To that end, owners and investors in Cannabusiness ventures need to make sure that the locale in which your business is located is in a city or county that welcomes Cannabis Activity, as defined under the Medical Marijuana Regulation and Safety Act (“MMRSA”). A failure to conduct proper legal and political research could be financially devastating to Cannabusiness owners and investors.
Contact CannaBusiness Law Today To Provide Legal Assistance In Compliance With Cannabis Licensing, Permitting and the Application Process Relating To Commercial Activity.