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General MAUCRSA Licensing Provisions

admin • May 18, 2021

There are some of the requirements for all Marijuana Business License operations as set forth in the current  legal framework of the state. In addition to the application form published by the state, applicants must  provide information and documents in support of their eligibility to the licensing authority. 

Below are some the of the guidelines that are common in the Cannabis Licensing regulations 

GENERAL REQUIREMENTS 

Submit Electron Fingerprints to the DOJ for Clearance 

Submit Criminal History information for all applicants 

Provide evidence of legal right to occupy the property proposed for  operation 

Landowner – Deed or Title to Property 

Lessees – Acknowledgment and Lease from owner or property Provide evidence of a compliant location for operation 

For Applicants with 20+ Employees – Training Program & Peace  Agreement 

Provide Valid Seller’s Permit Number 

Submit application fees as designated by the licensing authority 

Provide evidence of a Bond established to cover the costs in the  event of non-compliance 

Provide a copy of the Operating Procedures 

List each person with a financial interest in the business  

 Statement under penalty of perjury regarding truthfulness of  application materials 

 

MAUCRSA Cultivation Licensing Requirements 

MAUCRSA REQUIREMENTS 

  1. Provide Statement declaring applicant an “agricultural employer”
  2. Identify sources of water proposed for cultivation iii. Affirm intent to use only CA authorized pesticides 
  3. Identify & mitigate risk to water and wildlife resources

CA DEPARTMENT OF FOOD & AGRICULTURE  PROPOSED REGULATIONS 

  1. Provide a list of number and types of all cannabis  licenses for all applicants 
  2. Permits from Department of Fish & Wildlife & Water  Resources Control Board
  3. Affirm intent to use only CA authorized Pesticides
  4. Proposed Cultivation Plan
  5. Identify power source for; illumination, heating,  cooling & ventilation
  6. Attestation that no owner is a licensed retailer of  alcoholic beverages

 

Cannabis Tax  

Provisions 

Consult the Business & Professions Code  

and local regulation for guidance 

Retailers 

15% of average market price  

of each retail side 

Cultivators 

FLOWER/ BUD  

$9.25 per dry weighed ounce. 

LEAF 

$2.75 per dry weight office

 

MAUCRSA Manufacturing Licenses

Requirement for Manufactured  Edible Cannabis Products 

CA DEPARTMENT OF FOOD & AGRICULTURE  PROPOSED REGULATIONS 

  1. Not designed to be appealing to children
  2. Not designed to be easily confused with  commercially sold cannabis-free candy/foods
  3. Produced with a maximum (10) milligrams  tetrahydrocannabinol (THC) per serving
  4. Delineated or scored into standardized serving sizes  if more than one serving per product
  5. Homogenized to ensure uniform disbursements of  cannabinoids throughout the product
  6. Meet sanitation standards established by the CA  Department of Public Health
  7. Provide information to enable the informed  consumption of the product
  8. Be marked with a universal symbol, as determined  by the State Department of Public Health
  9. Limit risk of explosion, combustion, or any other  unreasonably dangerous risk to public safety

Possession of up to an ounce

By admin • 20 May, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • 18 May, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • 18 May, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • 18 May, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • 18 May, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • 18 May, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • 18 May, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

By admin • 18 May, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)  Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.   DEFERRED […] The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • 18 May, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • 18 May, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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