In the next few months, there will be a substantial increase in the number of police raids, arrests, and confiscation of what is called the “black market” of marijuana businesses (and cultivations) in California. The State of California Bureau of Cannabis Control and the cities (and counties) are now working together to shut down the “illegal” (unlicensed) marijuana businesses and cultivations.
As you know, there are now requirements for the city (and county) and state licenses for all marijuana activities.
The good news is that last month the new marijuana licensing laws, Assembly Bill 97 and Senate Bill 97 became effective. This means that you can now obtain “Provisional” state licenses. The state license means that your marijuana business cannot be raided by the Police Department. The state license provides immunity from prosecution for both the marijuana business and the landlord.
The other good news is that these State Licenses can be issued if you are “underway” with local licensing. I, of course, am a former City Planning Director and former City Manager. We know a lot about how the cities work and how to “get underway” with local licenses so that you qualify for the Provisional State License.
Let me explain, the city (and county) licenses may be a site plan approval or a conditional use permit and may require a zone change. Also, some cities in California are issuing “regulatory licenses” through the City Clerk and the Police Department. We are working on these local licenses and state Provisional Licenses to keep the marijuana businesses operating and to stop the police departments from conducting the “raids” and arresting the employees of marijuana businesses.
Please let us know if you are operating without a city and state license, and you need our help so that you will not be “raided,” and your employees will not be arrested. If you have already been raided and your employees have been arrested, I would like to talk to your criminal law attorney about these new state licensing laws that will protect you.