- Posted by Laura Croft, Esq
- On January 13, 2017
- Applications, breaking, California, cannabis, Cannabis Permit, City of Oakland, commercial cultivation, dispensary, distribution, Fees, manufacturing, medical cannabis retail, Permitting, regulations, transporting, Update
Although the City of Oakland planned to have applications available for Medical Cannabis Permits as of August 2016, as of January 13, 2017, the City of Oakland has not started the application process due to the fact that the City Council has proposed amendments to the Oakland medical Cannabis ordinance.
The December meeting of the Cannabis Regulatory Commission was cancelled and rescheduled for January 19, 2017 at 6:30 p.m.
The intent of the City of Oakland was that in the month of December 2016, electronic applications would be available on the Special Activity Permits website, and paper applications would be available at the City Administrator’s Special Activity Permits Division Monday-Friday, 9am-5pm, on the 11th floor of City Hall at 1 Frank H. Ogawa Plaza, Oakland, CA 94612.
However, no applications for any permitting in Oakland are available to date and these application packets are not yet ready for release.
Amendments to OMC 5.80 provide for Medical Cannabis Dispensary Permits as follows:
- Any dispensary, delivery or delivery-only dispensary must have a valid business permit.
- The one significant restriction is that the City Administrator shall issue no more than eight new valid permits for the operation of dispensaries in the City per year.
- Delivery-only dispensaries are not subject to this limit.
Amendments to OMC 5.81 provide for Medical Cannabis Cultivation Facility Permits, and applies to Medical Cannabis Cultivation, Manufacturing and other facility permits as follows:
- Special business permits will be required for the operation of industrial medical Cannabis cultivation processing, distributing, manufacturing, testing and transporting facilities.
- More than one medical Cannabis operator may situate on a single parcel of land; however, each operator will be required to obtain a permit for their applicable permit category.
- There is also Equity Permit Program Criteria that is geared towards tailoring business opportunities to Oakland residents. Fifty percent (50%) of all permits issued under OMC 5.81 shall be issued to an Oakland resident who meets the Equity Permit Program requirements:
- Oakland resident whom resides for at least two years prior to the date of application in Oakland Police Department Beats 26Y. 30X. 30Y. 31Z. 32Y. and 34X; or, those individuals who, within the last ten years, have been previously incarcerated for marijuana-related offense as a result of a conviction arising out of Oakland. California;
- Maintains not less than a 50% ownership in the Dispensary entity; and
- Prior marijuana or Cannabis conviction shall not be a bar to equity ownership
MEDICAL CANNABIS APPLICATION & PERMIT FEES – Category Fee
- Application Fee– Medical Cannabis Dispensary $ 3,644.00
- Application Fee– Non-Dispensary Medical Cannabis Facility $ 2,474.00
- Application Fee– On-Site Consumption $ 2,813.00 Medical Cannabis Facility Annual Regulatory Fee
- Gross sales > $150,000 = $11,173.00
- Gross sales $50,000 – $150,000 = $ 5,586.00
- Gross sales < $50,000 = $ 2,790.00
- On-Site Consumption = $ 1,628.00
- Other department fees, including building and fire department inspection fees, can be found via the Master Fee Schedule. (Fire: H-1; Planning & Building: O-1)
KEY PERMITTING POINTS:
- No Limit to # Of Licenses Permitted Allowed For A Non-Dispensary Medical Permit. OMC 5.80.020(C) allows the City Administrator to issue no more than eight new brick and mortar dispensary permits per year.
- Owning or renting a property not necessary before applying for a permit, but an applicant should be able to show an intent to purchase or lease a property via a signed agreement with the property owner.
- OMC 5.80 and 5.81 restrict the location of medical cannabis operation depending on the type of medical Cannabis activity. Please note no medical Cannabis operation may be located within a 600 foot radius of any public or private school.
- Multiple permits can be issued to the same location as long as each medical Cannabis operator obtains a permit for their medical Cannabis operation.
- Types of Licenses Available: Dispensary/Delivery-Only Dispensary, Cultivator/Distributor/Transporter/Testing Lab, Non- Volatile Manufacturer Or Volatile Manufacturer. Check here for admissibility.
- A packaging operation should obtain a distributor license.
PROCESSING OF PERMITS:
- General Applicants:
- Permits for General Applicants will be issued once they submit a complete application and return a completed inspection card to the City Administrator’s Office provided at least 50% of all permits issued under OMC 5.81 (cultivators, manufacturers, distributors, transporters, and testing laboratories) or OMC 5.80 (dispensary and delivery-only dispensaries) have been issued to Equity Permit Applicants.
- Equity Permit Applicants:
- Permits will be issued to Equity Permit Applicants once they submit a complete application and return a completed inspection card to the City Administrator’s Office.
We invite you to contact CannaBusinessLaw for expert assistance in compliance with Cannabis licensing, permitting, the application process and with any additional concerns and questions relating to commercial Cannabis in California.