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City of Commerce Guide to Cannabis Licensing

10/12/2018

 
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The City of Commerce just released its Commercial Cannabis Permit Application and held its Prospective Operator Workshop. If you weren’t able to attend, here is a City of Commerce Guide to Cannabis Licensing.

License Types
The first thing you need to consider, if you haven’t already, is what kind of commercial cannabis business license you will apply for. Below is a list of the licenses the City will be issuing:

-       Cultivation
-       Manufacturing
-       Distribution
-       Non-Storefront Retail Delivery
-       Microbusiness
-       Testing

Deadlines and Fees
Once you’ve decided on what type of commercial cannabis business license to apply for, the other important things to remember are the deadlines and fees.

Deadlines
Applications can only be submitted in-person and by appointment. You can request an application submission appointment by emailing ccp@ci.commerce.ca.us. The window for application submission is from October 15-26, with the last day for application submission appointment requests on October 22.

Fees
There is a non-refundable fee of $13,025.00 application fee. If you are considering applying for a microbusiness license, the City is requiring that applicants pay an application fee for each type of activity.

According to state regulations, microbusiness can have up to four (4) specified license types and a minimum of three (3). That being the case, you will have to pay at least $39,075.00 for a microbusiness license with three (3) licensed activities.

Other fees that will need to be paid to the City that are refundable are:
  • Development Agreement Deposit: $16,520.00
  • Commercial Cannabis Permit Deposit: $16,845.00

Payments will be received in the form of Cashier’s Checks or Money Orders, or business checks that must be made out to the City of Commerce.

General Owner Information
Any type of license application will require owner information such as name, contact details, SSN or EIN, percentage of ownership, and other general information that should be gathered together for easy reference. There is also a brief questionnaire section that must be filled out regarding convictions, prior cannabis license revocations, etc.

You will also be required to initial statements declaring the nature of your cannabis business operations.

Qualifications and Experience
The application includes a portion where the company’s members, who have had experience in the industry, and any other relevant qualifications must be listed. It is important to showcase the strengths of each team member who will provide a sound, professional, and compliant contribution to the success of the cannabis business’ operations.

Premises
This section presents itself as a checklist of requirements you will need to put together and submit as part of the application.

Known Premises
The Known Premises portion refers to property that is readily available and accessible. It requires highly technical documentation that should be done by professionals, such as an architect and a certified civil engineer.

Unknown Premises
Unknown Premises refers to a proposed property that has yet to be acquired, either through a lease or purchase. Since the location is not yet finalized, this section requires information about how you will go about securing it including, finances, feasibility, and your commitment to the City.

Operating Procedures

This entire section focuses on the facility’s operating procedures that cover the following:
-       Transportation
-       Inventory
-       Non-Laboratory Quality Control
-       Security
-       Testing
-       Delivery
-       Point-of-Sale and Track and Trace
-       Cultivation Methods
-       Manufacturing
-       Distribution

Be sure to address each requirement listed on the application for each type of license type you are applying for. Failure to do so could disqualify your application.

Business Plan
Every business needs a business plan- and commercial cannabis businesses are no different. Part of the City’s application requires that a business plan specifically address the day-to-day operations, compliance with local and state laws, a schedule that includes a narrative of the timeline for all proposed construction, a budget, proof of capitalization, and a pro forma for at least three (3) years of operation.

Proposed Community Benefits Program Plan
Every locality wants to know that your cannabis business will help improve the surrounding neighborhood and community. In this application, the City may require your company to engage in designated programs, provide funding to specific initiatives beyond the designated City amount, staffing plan, labor peace agreement, and maybe even take part in a Mixed-Use Development Bonus that will incubate a local small business, co-locate with another small, local business, or propose other mixed-use developments.

Disclosure of Financial Interests
You will need to disclose and provide all the information associated with groups or individuals with a financial interest in the company. These groups or individuals could be:

-       Financial institutions whose interest constitutes a loan
-       Those whose interest is through a diversified mutual fund, blind trust, or similar interest
-       Those whose interest is through a lien, security interest or property encumbrance
-       Those whose share of the company stock is less than 5%

Labor Peace Agreement
If your company will have more than 20 employees, you will need to enter into a labor peace agreement with the United Food and Commercial Workers Union (UCFW). This is done to ensure that all employees receive livable wages and helps to improve the quality of their lives.

Seller’s Permit
You will need to get a Seller’s Permit from the California Department of Tax and Fee Administration. This can be done online or in-person at any of their field offices. Registering in-person at a field office provides for same day permit issuance.

Limited Waiver of Sovereign Immunity
You will have to waive any sovereign immunity defense you or your company may have in the event that a federally recognized tribe asserts their immunity over the company and its operations.

Development Agreement Proposal
You will need to review and sign the provided Development Agreement Proposal by the City. If you feel that you disagree and/or would like to change anything, you may redline the proposal by striking through or underlining sensitive language. You will also need to prepare a narrative identifying at least five (5) topics from the agreement proposal that you propose distinguishes your application from the rest.

Additional Information
You may provide additional relevant information about your or your team’s involvement in the City- either as a tenant, business owner, or resident. You may include the length of time, and the total estimated contribution to the City via taxes and fees.

Provide a signed Cannabis FAQ Fact Sheet Acknowledgement Form with the application. Failure to do so could disqualify your application.

There is an Environmental Data Form and Noticing Form that must be submitted in the event that there is a need for an Environmental Impact Report.

Background Check Authorization
Don’t forget to include your Background LiveScan Authorization when submitting your application. Each owner will need to provide a signed and completed form.

Last but not the least, don’t forget to sign and date the actual application form. Getting all these documents together will be tedious and the smaller details may be overlooked. The best way to ensure that everything is done properly and efficiently could be by engaging a team of professionals to help you through this process.

If you want to get some more information about the licensing process and how a professional consultant can help you get your license, contact a team member today!

Business Trends: Understanding California's Cannabis Customers

10/2/2018

 
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One of the elements of a good business plan is performing market research to determine your target customers. Pricing, marketing, and product selection all depend on who your key consumer groups are – and what they’re interested in purchasing in the adult-use legal cannabis market.

In some ways, consumer data is extremely limited due to the government’s classification of cannabis as a Schedule I drug. Government research that is typical of other industries is simply not performed on the cannabis market. As a result, most data we have about cannabis consumers is limited to gender, residence, and spending amounts. This can be useful in valuing  your cannabis business for investors, but is less helpful for cannabis marketers hoping to build a customer persona.

While the demographics vary among cities and districts, some early trends have emerged that can help inform your cannabis business offering. Here’s what you need to know about the key cannabis consumer groups in 2018.

Who is the typical cannabis customer?

In a survey conducted by the Cannabis Consumers Coalition, the majority of respondents were between ages 21 - 35, which is not necessarily surprising. Interestingly, the second biggest group of cannabis consumers was 45 years or older, meaning cannabis consumers are likely to be professional adults. In fact, the study discovered that more than 58% of cannabis consumers are between the ages of 21 and 55. The perception that cannabis consumers are college age, unmotivated stoners is likely misguided. Cannabis customers are more likely to be working professionals, parents, and with some level of disposable income.

Aligned with the shift in age toward older cannabis consumers, the average household income of a cannabis customer has also risen. The Cannabis Consumers Coalition research indicates that cannabis consumption transcends economic class, with customers at all income levels partaking in cannabis consumption on some level. Inform your product pricing with the following data from their survey: the majority of cannabis customers have combined household incomes of $26,000 - $55,000.

What do we know about the gender of cannabis consumers? While movies like Dazed and Confused have widely popularized the impression that most cannabis consumers are male, this survey suggests the gender gap is much more narrow. Companies like Whoopi & Maya have popularized cannabis as an alternative therapy for women. Women hold nearly 30% of executive leadership positions in the cannabis industry – a significantly higher percentage than the nationwide average. When designing your marketing material, take into consideration that women make the majority of household purchasing decisions, and in the cannabis market, they will be a powerful consumer group.

Medical v. Adult-Use Cannabis Users

Though recreational cannabis is only legal in about half of the states, it’s an important trend to track for new cannabis entrepreneurs interested in entering the market. This statistic can help you understand the deeper motivation behind your customer: are they making a purchase because it’s a medical necessity, or for recreation? How frequently can you expect someone to make a repeat purchase? Diving into your customer behavior has implications for inventory management, loyalty programs, and pricing.

Data from the National Institute of Health reveals that the majority of customers partake in cannabis use for recreational reasons. Their national sample showed that among those consumers who lived in states with medical cannabis legislation, 17% used cannabis for medical reasons and 83% used it recreationally. However, those who do use cannabis medically do so with more frequency and regularity than those customers who purchase cannabis for recreational use. A good business practice would be to take medical consumers’ needs into your marketing plan, even if your primary target customer is a recreational user.

California’s Key Cannabis Consumer Groups

California has the potential to become the world’s largest cannabis market, making it a good bellwether for understanding developing consumer trends. Early studies by market research firm BDS Analytics indicates there are three key consumer groups across the state. Primary consumers in California are 39 years old and have used cannabis or cannabinoids in the past six months. A secondary group deemed “acceptors” by the study are 49 years old, and while they haven’t recently used cannabis, they would do so in the future. California’s “rejecter” group is an average of 56-years-old and are not likely to consider cannabis use.

It’s worthwhile to note that while rejecters and acceptors aren’t recent users of cannabis, that doesn’t correlate with disapproval of legal adult-use cannabis. The study showed that tolerance and acceptance of cannabis is becoming more common, and in fact, Californians are becoming more interested in the potential health benefits of cannabis use. This further reinforces the case for continuing to include medical-use customers as part of your business plan and marketing strategy.

For more insight into how to build your cannabis company, get in touch with one of the experts at GreenGrowth CPAs. ​

Tips to Help You Get the Most Deductions for Your Cannabis Business

9/21/2018

 
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As a cannabis operator, you may have already heard about 280e and have tried to figure out how to get the most deductions for your business. Though many states are close to fully legalizing cannabis, federal regulations like the 280e prevent current legal cannabis businesses from taking full advantage of small business tax deductions. The 280e is a section of the  United States Tax Code enacted during the Reagan era that prohibits businesses that deal with Schedule I and II controlled substances from taking tax deductions and credits. At the time that it was enacted, Congress decided to include an exception that allows for the deductions of the cost of goods sold (COGS), even if they are federally illegal substances. it means your cannabis business can still claim deductions.


​Although it is tricky to work around the restrictions of  280e, there are some straightforward tips to help you get the most deductions for your cannabis business.


Understand the concept of “Cost of Goods Sold.”
The Cost of Goods Sold is the direct costs associated with producing the goods you sell. Since your cannabis business is not treated like other legal businesses, the COGS for other types of businesses that include marketing and advertising cannot be included in the cost of goods sold for cannabis and cannabis products. You may not deduct anything related to marketing and advertising, like your dispensary display equipment, marketing material, ads, and signage. What can you deduct? Only parts related to production, such as the salary of employees who actually harvest and cure cannabis, materials that go into cultivating and manufacturing the cannabis, etc..

Create comprehensive and descriptive job descriptions for your employees
By having comprehensive and detailed job descriptions for each of your employees, it’s easier to determine whether or not an employee’s wages can be claimed as a deduction. Some employees’ roles that don’t involve any handling of the cannabis to create a finished product will not be deductible. On the other hand, having an in-depth look at each role could help your accountant claim some deductions for employees’ salaries you initially thought couldn’t be claimed.

Keep detailed records of your cannabis business and facility.
The exact square footage of your facility and knowing how each square foot is used could help you claim more deductions. Some facilities, specifically dispensaries, have a harder time claiming deductions for their business because most of the business is used to sell finished products. This shouldn’t stop you from providing facility information to your accountant. A good cannabis accounting firm can help you justify how you use the space appropriately for a COGS deduction. You may have a small back room where you receive, repackage, store, or handle cannabis and cannabis products prior to dispensing them. If that is the case, your accountant may be able to show that you can claim a deduction for the specific room.

Save all your receipts and give them all to your accountant.
Many accountants appreciate clients who take the time to put everything together to make filing taxes easier. In the case of cannabis businesses, your accountant should leave no stone unturned. Provide your accountant with every receipt for every expense. There may be expenses that your business can claim that you may have thought couldn’t be claimed before.

Familiarize yourself with the taxes associated to your industry. Know when and what to file
In the cannabis industry, there are three types of cannabis taxes:
  • Cultivation tax
  • Excise tax
  • Sales and Use tax
Depending on what type of business you have, there are different tax deadlines that need to be met for each type. Being well informed and staying on top of being compliant is half the battle when it comes to getting the most deductions for your cannabis business.

If you need some assistance in understanding cannabis taxes, filing taxes or maintaining accurate records for tax filing, talk to a team member today.  Get the most deductions is possible with the help of an accountant or an accounting firm that works closely with the cannabis industry. The sooner your cannabis business becomes compliant, the sooner it can make a profit.

Is Your Cannabis Insurance is Compliant with California and Federal Law?

9/11/2018

 
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Every cannabis business operator in California is required by state laws to have insurance. There are quite a few insurance agencies and brokers that offer cannabis business-specific insurance packages. As recently as this June, California began offering property insurance for cannabis businesses. In a cash-rich industry that deals with a very valuable product, you may want to look into insurance to make sure your business is protected. Regardless, it’s up to you to make sure your insurance is meeting the state, local, and federal requirements and standards. Here’s a quick guide to your state, local, and federal insurance responsibilities as a cannabis operator in California.

California Cannabis Insurance Requirements

California requires cannabis businesses to have a minimum commercial general liability insurance policy of $2 million, with insurance of up to $1 million for each loss, when submitting a cannabis license application. The state also requires a $5,000 surety bond that should be addressed to the state of California.  

Anyone who does not meet the insurance requirement will likely have their business application rejected. Likewise, if your cannabis business insurance lapses, you must take the proper steps to alert the state by notifying the Bureau of Cannabis Control in writing within 10 days.

Types of Insurance for Cannabis Companies

What other insurance do you need in California? Especially as it pertains to your cannabis licensing application, you will want to have a policy for worker’s compensation insurance for your employees. The state also requires all small businesses to have disability insurance. Our experts also suggest looking into these other types of cannabis business insurance:

  • Commercial General Liability Insurance: this type of insurance protects against various claims such as bodily injury, property damage, personal injury, slander, libel and even copyright infringement.
  • Worker’s Compensation: protects employees, since every employee has the right to have compensation for short and long term injuries and disabilities incurred on the job.
  • Crop Insurance: at the moment, crops for indoor cultivation facilities is the only type of crop that can be insured. It provides some security in the event that a crop is defective and must be destroyed.
  • Vehicle Insurance: In the event that an accident occurs while on the job, this type of insurance covers physical damages and injuries.
  • Property Insurance: it covers any damages and/or repairs to the physical place of business.
  • Cargo Coverage: this protects items being transported by the business for business purposes.
  • Equipment Insurance: provides protection for equipment damage, theft and vandalism.
  • Equipment Breakdown Insurance: this type of insurance covers the cost to repair or replace damaged equipment, the costs for time and labor to repair or replace damaged equipment, as well as the costs to replace damaged cannabis stock, materials or perishable items.

To help you understand which, if any, of these additional insurance types would be most helpful for your cannabis venture, we have a guide on everything you need to know about California cannabis insurance. Check it out and get in touch with our experts if you have any questions.

Federal Insurance for Adult-Use Cannabis Businesses
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Because cannabis is still considered a Schedule I drug by the DEA, there is no official requirement from the federal government requiring a cannabis business to have insurance. However, there may be other small business insurance requirements your cannabis venture needs to meet to be compliant. Health insurance is required at the federal level – one option for businesses with one to 50 employees is the Small Business Health Options Program (SHOP) program. Generally speaking, the federal government defers insurance requirements to be decided at the state level. As a rule of thumb – with the exception of ACA regulations, make sure you’re meeting California’s insurance requirements, and you should be compliant under US federal law.

It’s also worthwhile to note that when it comes to deducting insurance from your tax return, the regulations are a little complicated due to the 280e regulation. It really depends on your specific role in the cannabis industry – commercial general liability insurance may be deductible as a COGs for some businesses, but not for others. It’s important to check with a tax expert to make sure you’re making the right choice for your insurance deduction.

If you have more questions about cannabis insurance, please get in touch with GreenGrowth CPAs today!

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Union City Re-Opens Cannabis Business Applications

8/21/2018

 
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The north side of California seems to be on a roll when it comes to accepting adult-use cannabis, and we proudly welcome Union City back on our list of cities now accepting commercial cannabis applications.  

Union City officially re-opened their cannabis application window on Friday, August 16, so you can officially apply NOW.  Union City is awarding the follow cannabis permits:
  • Up to 3 Testing Permits
  • 2 Permits for Cultivation
  • 2 Permits for Manufacturing
  • 2 Permits for Distribution
  • 1 Permit for Retail

Union City is giving preference to businesses who are vertically integrated, aka any location that will have two or more uses. In addition, they are also accepting applications from applicants who submitted prior but were not awarded a permit. The city will close their application window on December 7, 2018. Today, we will discuss the application process for Union City and what you need to do to ensure you have the best chance of being awarded a cannabis permit.

There are a few documents that Union City has prepared to provide you with the most up to date information about the cannabis application process.  It is suggested you read these before filling in your application.
  • Union City has highlighted specific application procedures and compiled a list of important Commercial Cannabis FAQs.
  • You will need to complete a Background Application and sign this waiver to submit with your application.  Each owner and employee must complete one.
  • You must obtain a Zoning Verification Letter by filling out this Zoning Application. This letter must come from the Economic and Community Development Department.  Keep your proof of receipt as you will need to submit it with the application.

Union City Cannabis Application Submission

All applications must be submitted online via this website.  One of the perks of an online application is the ability to complete just a small portion, save it and then complete the rest at a later date.  You will also be required to submit about 23 different attachments in a PDF format. These will include:
  • Zoning Verification Letter (here is the zoning application) and proof of payment for Zoning Verification.  As noted above, this must come from the Economic and Community Development Department. To get started, provide the address of the proposed location to Union City’s Planning Manager.
 
  • Carmela Campbell – 510.675.5316 or carmelac@unioncity.org

Once the Planning Manager states that the location is in the appropriate district, you can submit the zoning application to the office at 34009 Alvarado Niles Road in Union City.  Once submitted, and your fee is paid, you should be expected to receive your final Zoning Verification Letter within 10 days.  This letter is required to be submitted online with your application. You can find a zoning map here. Cultivation, distribution, manufacturing, testing and medicinal retail uses are able to locate within the ML (light industrial) or MS (special industrial) districts.  

Keep in mind a cannabis business must be 100 feet from any youth businesses. Union City may provide some exceptions based on your business plan, so if you’d like to be within 100 feet of a youth business you must explain the reasoning clearly within the application.
  • Background applications and proof of payment for each owner/employee
  • Security Plans
  • Business Plans
  • Business Proof of Status (anything that shows incorporation, partnership agreements, etc)
  • Site Plans, Floor Plans, Development Plans and Air Quality Plans
  • Vicinity Map
  • Location Information that includes photos of the location site and buildings
  • Labor and Employment Plans
  • Enhanced Product Safety Plan
  • Environmental Benefits Plan
  • Local Enterprise Information
  • Qualifications of Principals

You will also have to submit personal information for each principal which will include:
  • 2 high quality photos of each principal
  • Social security cards and ID Cards of each principal
  • Proof of Address

Important Document Details

As you upload these documents, it’s important to note a few details.  
  • If you are uploading a document that has multiple pages, all pages must still be within one upload/PDF file
  • Minimum 11-point font for every document
  • File upload limit of 100MB
  • Label each document with the last name of the primary contact and then the business name.  For example, if the primary contact is Gary Jones and the business is Cannabis 123 – label the document “Jones – Cannabis 123”

Union City Cannabis Application Fees

Each city has different protocols for application fees.  Union City prefers Cashier’s Checks or Credit Cards. They will not accept cash or personal checks. Please note there is a 2.25% fee applied to credit card payments over $2,500.  The application fees are:
  • $272 - Zoning Verification Letter
  • $300 per person – Background Check
  • If you proceed in the process, you will go through 3 different phases:
    • Phase 1 - $3,979
    • Phase 2 - $1,581
    • Phase 3 - $1,568 (in this phase you will also pay a LiveScan application fee of $174 per person)
    • Phase 4 - $2,030

Applicants are also encouraged to attend a city cannabis meeting on Wednesday, September 19 at 1:30pm in City Council Chambers.  This will be the only and primary opportunity to discuss any application or cannabis related questions with the city staff.

If you have further questions about obtaining a cannabis permit in Union City, GreenGrowth CPAs is happy to help you walk through the process to ensure your best chances of opening a successful cannabis business.

Cannabis Zoning Laws: What do you need to know?

8/13/2018

 
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As we covered in previous posts, finding properly-zoned real estate is one of the most important - and difficult - parts of starting a cannabis business in California. The real estate market in California is competitive already, and so-called “green zone” regulations severely restrict where cannabis businesses are allowed to operate.

Nevertheless, it’s imperative that you find real estate for your business before the city or county application window opens. Competition is simply too fierce to wait until the city announces they are ready to start approving business applications. Plan ahead to find cannabis-ready property with this quick guide on California’s cannabis zoning laws.

California’s Cannabis Zoning Laws

California state regulation SB94 allows the 482 cities and 58 counties in California to regulate land use and zoning in relation to cannabis within their jurisdictions. What this means is that cannabis zoning laws not only vary by location, but also by the type of business activity. For example, cannabis dispensaries will abide by different cannabis zoning laws than cultivators or manufacturers. Note that cities or counties with no legal cannabis activity will not provide zoning information related to cannabis businesses.

As far as growing cannabis, it can be tricky to discern regulations by city and state. Research shows that a slight majority of cities have banned outdoor cannabis gardens, while others have specific home-grow permits that may relate to smaller cannabis businesses as well.

To find a specific zoning law in your area, the Orange County Register has compiled a database of cannabis zoning laws by city and county (last updated June, 2018).

Common Cannabis Zoning Laws

Each city and county customizes their cannabis zoning laws. However, there are a few commonalities that our experts tend to see in many zoning policies. If you’re seeking property, here are some things to keep in mind:
  • Look for space that’s at least 1,000 feet away from schools and parks.
  • Manufacturers should avoid residential areas.
  • Regulations will often limit the number of cannabis businesses permitted in an area; be prepared to share a space with others or pay a premium to be the only cannabis retailer.
  • If you do find property, ask for a full property report.These reports show ownership history, land mortgages, or any other restrictions on property use that may hinder your lease.
  • Keep in mind not only zoning laws, but environmental concerns. Some counties have regulations around the use and storage of fertilizers, herbicides and pesticides that you may need to account for as a cultivator.  

Green zone regulations may not be announced if a city hasn’t opened their cannabis business applications yet. Regardless, it’s important to stay informed about the city’s ordinances and available commercial property. When the applications do open, be prepared by contacting California Cannabis CPAs and asking how we can help.

Everything You Need to Know About Los Angeles' Cannabis Social Equity Program

8/7/2018

 
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Recently, our experts led a webinar outlining everything you need to know to get your Los Angeles cannabis business license. If you missed it, you can listen to the full webinar on-demand. We covered many topics, including Los Angeles’ cannabis social equity program.

Los Angeles’ cannabis social equity program is a part of the city’s commercial cannabis licensing system. The goal is to give a boost to past victims of cannabis criminalization by offering assistance and benefits to any communities that were unfairly punished by the drug war. Read on for more information on how this program works and how your cannabis business might be able to participate in the program.

What is Los Angeles’ Cannabis Social Equity Program?

LA’s social equity program has the stated goal of promoting “equitable ownership and employment opportunities in the cannabis industry in order to decrease disparities in life outcomes for marginalized communities and to address the disproportionate impacts of the war on drugs in those communities.”

The program intends to offer assistance in the form of funding, physical space, and a separate licensing timeline to any commercial cannabis licensees who meet the program criteria. Some of the program benefits as of July 2018 include:
  • Verification of the program qualification without premises verification (e.g., a candidate may be approved without a site evaluation);
  • Priority processing (more on that in a minute);
  • Business, licensing, and compliance assistance (TBD by the city);
  • Training via an incubator (TBD by the city);
  • Fee waiver (TBD by the city);
  • Access to an industry investment fund (if established in the future)

As you can tell from some of the notes next to the listed benefits, the city is still developing the specific benefits of the cannabis social equity program.

Who qualifies for Los Angeles’ Cannabis Social Equity Program?

There are three tiers qualifications under which a prospective cannabis business owner might qualify for the social equity program.

  • Tier 1:  the candidate is considered “low income” with earnings of less than $41,230 annually, as well as EITHER (a) a cannabis conviction prior to November 8, 2016 (the date when Prop 64 was enacted) that now would be prosecuted as a misdemeanor or citation OR (b) 5 years cumulative residency in a qualifying zip code.  
    • Qualifying zip codes include:  90057, 90037, 90062, 90003, 90061, 90059, 90061, 90001, 90011, 90008, 90016, 90013, 90059, 90002, 90014, 90021, 90044, 90043, 90037, 90058, 90008, 90027, 90033.
 
  • Tier 2: the candidate is considered “low income” with five years cumulative residency in a qualifying zip code OR has ten years cumulative residency in a qualifying zip code.  
 
  • Tier 3: the candidate is a landlord entering into a Social Equity Agreement with the city to provide capital and/or leased space, as well as business, licensing and compliance assistance to Tier 1 and Tier 2 applicants. The landlord agrees to provide access to real estate property for Tier 1 applicants rent-free and with prorated utilities for a minimum of two years, provided that the property meet certain requirements.

Please note that to be eligible for the benefits of the social equity program, you must own at least one third (and for Tier 1, 51%) of the business applying for the license.  

Even if you do not fall under one of the three tiers, you can qualify for the social equity program. To do so, you can either pay a fee to the city fund or agreeing to provide a small portion of your physical space to help the beneficiaries of the program.  

How can I apply for Los Angeles’ Cannabis Social Equity Program?

If you recall from our webinar, Los Angeles is issuing cannabis business licenses in three phases. Phase 2 of the cannabis licensing program started on August 1 and will remain open for 30 days. During this phase, applicants must qualify under the social equity program.

You can currently apply for a Phase 2 license on the Los Angeles City cannabis page. Read this primer for instructions on how to log in to your account and submit an application. Our experts are standing by to help out if you have any questions.

For more information on getting your cannabis business license in Los Angeles, check out our webinar or read our three-part guide on cannabis in Los Angeles:
  • Part 1: Los Angeles Rules and Regulations for Cannabis Businesses
  • Part 2: Los Angeles Zoning for Cannabis Businesses
  • Part 3: Los Angeles Requirements for Cannabis Licenses
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If you have specific questions related to your business, please get in touch with our experts today.

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These Three California Cities Have Reduced Their Cannabis Taxes

7/31/2018

 
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As the saying goes, there are two things certain in life: death and taxes. An addendum to this saying might be that taxes never seem to decrease over our lifetime. However, these three California cities have chosen to reduce cannabis taxes in their jurisdiction.  Let’s take a look at these three cities and the rates at which they’ve reduced taxes.

Berkeley

Berkeley recently hired HdL Companies to audit and review current taxes for cannabis regulations. These services have resulted in a reduction of cannabis taxes within Berkeley. Medicinal sales tax was 5% and is now 2.5%.  In addition, adult-use cannabis sales tax was 10% and is now 5%.

Salinas

Salinas is the largest municipality of Monterey County, California. This city just reduced cannabis nursery tax rates from $15/square foot of canopy space to $2/square foot. If you’re taking the first steps toward starting a cannabis company, this might be a great jurisdiction for you to consider.

Grover Beach

Grover Beach is a city located in San Luis Obispo County, California. The city recently reduced several taxes related to cannabis, including the cultivation tax from $25 per square foot to $5 per square foot. Manufacturing and distribution taxes have been reduced from 5% of gross receipts to 3%. All taxes for adult-use and medical cannabis remain the same.  

BONUS: Coalinga

Although Coalinga has not officially reduced any of its taxes, the city is looking into the idea of reducing cultivation taxes. The current cultivation tax costs all cannabis businesses at $25.00 per square foot for the first 3,000 square feet. It drops to $10 per square foot after that. We will see what Coalinga decides to do in terms of reducing cultivation taxes.

These three cities have reduced cannabis taxes, and depending on the long-term economic growth benefits, it’s likely that other districts could follow suit.  We will keep you updated as we see additional cities make changes to their cannabis taxes.

Interested in opening a cannabis business of your own within one of these California cities? Contact California Cannabis CPAs today.

California Cannabis Licensing Authorities Announce Public Hearing Dates

7/24/2018

 
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On June 27, 2017, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) passed and provided a framework for cannabis activity and sales within California. In June of 2018, cannabis licensing authorities enacted emergency regulations ensuring a set of rules were in place for the continuance of MAUCRSA.

Now, California’s cannabis licensing authorities are proposing permanent rules to take the place of the emergency regulations. California’s three state cannabis licensing authorities will further define these rules. They are:
  • California Department of Public Health (CDPH)
  • Bureau of Cannabis Control
  • California Department of Food and Agriculture (CDFA)

The emergency regulations that went into effect June 6, 2018 will stay in place for 180 days. During this 6-month time period, the three cannabis licensing authorities will adopt non-emergency regulations.
  • California Department of Public Health (CDPH) Proposed Regulations  
  • Bureau of Cannabis Control (Bureau) and California Department of Food & Agriculture (CDFA) Proposed Regulations

The respective authorities also want to hear from the people about your thoughts, concerns and suggestions.  Each of the three agencies will hold multiple public hearings in order to do so.

California Cannabis Public Hearings   

Each of the three cannabis licensing authorities will hold public hearings so the people of California comment and share their input on the future laws.  These can be submitted by attending the public hearings and sharing your comments orally, or submitting them to in writing. Instructions for how to submit comments in writing are listed below.

California Department of Public Health Hearing Dates

The CDPH is holding the following hearing dates:
  • July 30, 2018, 10:00 a.m. at 900 E. Birch Street, Valencia Room, Brea, CA 92821
  • August 20, 2018, 10:00 a.m. at 901 Myrtle Avenue, Eureka, CA 95501
  • August 27, 2018, 10:00 a.m. at 8400 Edes Avenue, Oakland, CA 94621

If you would like to see on how to submit a public comment in writing please click here.

Bureau of Cannabis Control Hearing Dates

The Bureau of Cannabis Control provides information about legal, safe and responsible cannabis use. Of course, you can find information – including fact sheets, FAQs, and more – on their website. Their hearing dates are scheduled as follows:
  • August 7, 2018, 10:00 a.m. to 12:00 p.m. at Hilton Oakland Airport, One Hegenberger Road, Oakland, CA 94621
  • August 14, 2018, 10:00 a.m. to 12:00 p.m. at Millennium Biltmore Hotel, 506 South Grand Avenue, Los Angeles, CA 90071
  • August 27, 2018, 10:00 a.m. to 12:00 p.m. at Tsakopoulos Library Galleria, 828 I Street, Sacramento, CA 95814

If you would like to know how to submit a public comment in writing please click here.

California Department of Food and Agriculture Hearing Dates

The CDFA protects California’s food supply with regulatory oversight over management, innovation and science, with a commitment to environmental stewardship. Their public hearings are scheduled for:
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  • July 24, 2018, 1:00 p.m. to 3:00 p.m. at Adorni Center, 1011 Waterfront Drive, Eureka, CA 95501
  • July 26, 2018, 1:00 p.m. to 3:00 p.m. at Mission Inn Hotel and Spa, 3649 Mission Inn Avenue, Riverside, CA 92501
  • July 31, 2018, 1:00 p.m. to 3:00 p.m. at Hilton Santa Barbara, 633 East Cabrillo Boulevard, Santa Barbara, CA 93103
  • August 28, 2018, 1:00 p.m. to 3:00 p.m. at California Department of Food & Agriculture, Auditorium, 1220 N Street, Sacramento, CA 95814

If you would like to know how to submit a public comment in writing please click here.

The cannabis licensing authorities are hoping to respond to and review each comment. They have all stated they will respond to relevant comments in a timely fashion. They only way a public comment will not be accepted is by phone.

Attending one of the hearings or submitting written comments is a great way to get your voice heard! California is one of the most progressive states when it comes to marijuana legislation, and  is paving the way for future cannabis laws throughout the country. California will likely set precedent and this is your chance to be a part of it. If you have any interest in opening a cannabis business now or in the near future, become involved at the local level where possible or attend one of the above hearings.  Your voice makes a difference!

If you have questions about specifics regarding any of the above authorities, or would like further clarification on how to obtain a cannabis license in California, contact California Cannabis CPA today.

Breaking California Cannabis News: Updates from Long Beach, Antioch, and Contra Costa and El Dorado Counties!

7/16/2018

 
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This week’s California cannabis updates come to you from Long Beach, Antioch, and the counties of Contra Costa and El Dorado.

  • Long Beach passed an Adult-Use Business Ordinance last week at their city council meeting. First, Mayor Robert Garcia must sign the ordinance into law. The ordinance will take effect 31 days after the law has been signed. The city will begin accepting applications after this.
    • The city still has to issue a few more pieces of information, but we are eager to start helping you get those Long Beach applications in. Expect a full article about cannabis and the city of Long Beach ASAP!
  • Antioch has always been conservative about their marijuana licensing. However, recently the city began solidifying business zones for potential commercial cannabis activity.  In late June, a second reading was held and an ordinance was adopted approving the new cannabis zoning regulations.
    • This indicates Antioch is one step closer to allowing cannabis business in their city. No announcements yet on when applications will open or what permit types will be available, but we will be sure to keep you updated.
  • Contra Costa County: two cities, El Cerrito and Richmond, currently lie within the county’s borders and are pro-cannabis. In late June, the board of supervisors held a meeting and passed a commercial cannabis activity ordinance. The ordinance allows for:
    • Up to 2 non-volatile manufacturing permits
    • Up to 4 storefront retailer permits
    • Up to 10 cultivation permits
    • Distribution and Testing
A hearing was also held on July 10 to further clarify cannabis taxes.  It is suggested the proposed cannabis taxes go on the November ballot. We will keep you updated as Contra Costa County moves forward with the cannabis application process.

  • El Dorado County currently has a ban on commercial cannabis licenses, but things may be starting to change. El Dorado County recently held a meeting suggesting cannabis taxes and activities be on the November ballot. This will likely include a general cannabis tax, cannabis cultivation, retail, dispensary, and distribution. As of this moment, no further decisions are likely to be made prior to November. Check this space for future updates!

Have a question about licensing in one of the cities we discussed today? Contact Green Growth CPAs.

Palm Springs is Accepting Cannabis Applications with No Deadline!

6/15/2018

 
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The world of commercial cannabis applications is ever changing.  Each California city takes it upon themselves to decide why, when and what form of commercial cannabis business they will allow into their jurisdiction.  Some cities have hard application deadlines, while others see it as an opportunity to bring in additional revenue and accept applications on an ongoing basis. Palm Springs is one of these cities.

Palm Springs is a California city with a mere 50,000 people but covers almost 100 square miles, making it the 10th largest California city by land area.  Palm Springs adopted ordinances in late 2017 that allowed for commercial cannabis activities, and now they are accepting applications with no end date in site.

Palm Springs Cannabis Licenses

Palm Springs is accepting applications for the following cannabis business activities:
  • Dispensaries
  • Cultivation
  • Manufacturing (Non-Volatile)
  • Testing Facilities
  • Transportation
  • Distribution Facilities

The city approves of both medicinal & adult-use cannabis.

Submit a Palm Springs Cannabis Application

Palm Springs does a nice job of organizing the application process and detailing the steps in one complete PDF document. You can find that document here.

Within the PDF document, you will find each of the following documents that are required for submitting an application. Everything must be completed in order for your application to be fully evaluated. This includes:

  • Cannabis Related Businesses and Activities Permit Application
  • Cannabis Related Businesses and Activities – Indemnification, Acknowledgement re: Public Records & Copyright Materials Release
  • Cannabis Related Businesses and Activities – An Application Submittal Checklist
    • This 11-page document will walk you through EVERYTHING you need in order to submit an application. It’s a great way to stay organized and outlines additional details, like the security plan you will need for your facility.
  • Cannabis Related Business and Activities – Supplemental Info & Initial fee calculation worksheet
    • This worksheet will specifically walk you through the fees you owe the city for the initial application. Basically, anyone with a 20% or more stake in the cannabis company will have to pay, get a background check and fingerprinted. See below for an example of the calculation.
 
  • Application and subsequent materials must be submitted in a 3-ring binder. They must also be:
    • Single-sided
    • 5x11 sized pages
    • Do not use spiral or comb bindings, but staples will be accepted
    • Building plans are an exception and are allowed to be on larger sized paper up to 30 x 42. They may also be folded, collated, unstapled and secured together with rubber bands.
    • Make sure you include an electronic copy, preferably PDF, on a CD or thumb drive.

The initial filing fee covers the costs of all background checks and fingerprinting. The city will not issue refunds.

  • Once an application is submitted & the Cannabis Related Business/Activity Application Fee is paid, applicants need to make an appointment for LiveScan fingerprinting. You can do this by contacting the Police Department at (760) 323 – 8166.  If you intend to have a 20% or more financial interest in the cannabis business, you must get finger-printed.
  • Once fingerprinting is complete and the city has verified your prints, you will be notified via email if you are allowed to move forward in the process. The next step will be a background check.
  • Once the background check is completed, the application will be reviewed.

Palm Springs is not specific about how many licenses they will issue within each category, but as Green Growth CPA is alerted of further details we will be sure to update this article.
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Palm Springs isn’t the only California city accepting commercial cannabis applications on an ongoing basis. We will be continuing a series of articles that detail cities with open application deadlines, so stay tuned.

Can we help you get started on your application? Give us a shout and ask how we can help.

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The CDPH Re-Adopts Cannabis Emergency Regulations

6/13/2018

 
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Just this month, California Department of Public Health (CDPH) approved the re-adoption of emergency regulations for cannabis manufacturers for an additional 180 days. What does this mean, and how does it impact your cannabis business?

What are California’s cannabis emergency regulations?

Just a quick refresher: the emergency regulations cover the policy known as MAUCRSA, the Medicinal and Adult-Use Cannabis Regulation and Safety Act. These regulations outline California’s standards and licensing requirements for commercial cannabis manufacturers. They were originally passed in December 2017, and as is the standard for “emergency regulations,” valid for a period of 180 days. They were renewed for another 180 days just recently – with a few key changes.

What are the changes to California’s re-adopted emergency regulations?

The biggest change is the removal of restrictions created by the adult use (“A”) and medicinal (“M”) license designations. Originally, MAUCRSA regulations required cannabis plants be designated for either the A or M market at the cultivation stage. Plan material and cannabis products resulting from cultivation had to maintain that A or M designation while moving through the supply chain – complicating logistics and operations for cannabis businesses across the market.

In the newly re-adopted cannabis emergency regulations, the CDPH is attempting to resolve some of the A and M confusion. They have removed restrictions of A and M license designations, meaning businesses can complete one license application for use in both the adult-use and medicinal markets. Starting June 6, 2018, cannabis and cannabis products will only be labeled as adult-use or medicinal at the time of retail sale (with one exception for higher-THC products that are only allowed in the medicinal market).

To review the re-adopted emergency regulations in detail, click this link.

What does that mean for cannabis cultivators?
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There are a couple scenarios where you might have questions, especially if you’re still waiting to hear about your cannabis cultivation license. If you submitted two applications, one for an A license and one for an M license, here are a few points of clarification:
  • CDPH will use your A license application as the primary application and aggregate the total gross revenue of your A & M license to determine your license fee.
  • If you have paid two application fees, the balance of the funds will be applied to your license fee. These fees, as mentioned above, are due upon approval of your application by the Department and determined by the aggregate total gross revenue of your two license applications.
  • The label, “FOR MEDICINAL USE ONLY” is still required on products with more than 1,000 milligrams of THC. These products can only be sold in the medicinal market and must be labeled by the manufacturer.
    • Other products – those that can be sold in either the M or A market – will be labeled with this phrase by retailers at the time of sale to a medicinal consumer.

If you have any specific questions about the MAUCRSA emergency regulations or any of these changes, please get in touch with the experts at California Cannabis CPA.

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Post-Election Cannabis Updates from Pasadena, Licenses in San Rafael, South Lake Tahoe, and Deadlines in San Bernardino!

6/11/2018

 
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This week: cannabis licensing updates from the California cities of San Rafael, South Lake Tahoe and Pasadena. In addition, San Bernardino’s application deadline is quickly approaching!

  • San Rafael has recently announced the opening of their pilot medical cannabis licensing program. The following 4 types of licenses will be available:
    • 4 licenses for cannabis testing labs (State License Type 8)
    • 8 licenses for medical-infused product manufacturing (State License Type N)
    • 4 licenses for medical non-storefront delivery (State License Type 9)
    • 2 licenses for medical distribution (State License Type 11)

The process will be merit-based and all applications will be reviewed by city staff. In addition, if you are a new business you must meet the following requirements.
  1. Receive a San Rafael city-approved cannabis operator license
  2. Lease or purchase property that conforms with local and state zoning regulations
  3. Be approved for a state-level cannabis license

San Rafael has released a separate page making it easy to verify correct zones and permit fees. Have additional questions about San Rafael? Send us a message and we will happily provide further details.

  • Pasadena voters decided on local cannabis measures on June 5, all of which passed. Measure CC was passed with 66% approval and will lift the city’s current ban on cannabis dispensaries. Measure DD was passed with 75% approval and will tax marijuana businesses at a 6% rate for retail businesses and a 4% rate for all other businesses. The following licenses will be approved:
    • 6 Retail Stores
    • Retail stores may deliver
    • 4 Indoor Cultivation
    • 4 Testing Labs
As additional dates and information continue to roll out about these licenses, California Cannabis will update you through our newsletter and blog posts.

  • South Lake Tahoe is moving in a positive direction toward boosting the cannabis industry. They will approve licenses for the following business types:
    • 2 retail cannabis operations
    • 2 indoor cultivation sites that are less than 5,000 square feet
    • 2 micro-businesses, which can operate three cannabis related activities — like manufacturing, retail and cultivation — under one permit.​

Further details are expected soon and California Cannabis CPA will be sure to keep you updated as application details are announced.

Don’t forget: applications for San Bernardino close in two weeks! Applications must be submitted by June 25 to be considered for cultivation, manufacturing, retail, microbusiness and distribution opportunities.

Looking to submit an application for one of these cities, or perhaps a specific license type? We have a database of cities that have open and quickly approaching application deadlines.  Contact us today.

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Where do California's candidates for governor stand on cannabis?

6/7/2018

 
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In case you missed it, Tuesday was primary day across California, where the first-round bid for governor became one of the most watched races in the country. As a refresher: under California law, the top two primary finishers go on to the general election, regardless of party. In a field of 27 candidates, Gavin Newsom (D) and John Cox (R) took the top two spots according to the New York Times. They will go on to the general election in November.

Where do these two candidates stand on cannabis? Based on what they’ve said publicly, we have some indication on what kind of cannabis policies Newsom and Cox might enact if elected governor of California. Please note that we are not here to debate politics or endorse either candidate, and are simply reporting their stances on cannabis – a small part of each candidate’s platform and beliefs. Here’s where each candidate stands on the growing California cannabis industry.

Gavin Newsom, Democrat
Newsom is the current Lieutenant Governor of California and previously served as the mayor of San Francisco for two terms. He’s been one of the leading politicians to advocate for the legalization of cannabis In 2014, Newsom was the only statewide politician to endorse California Proposition 47, a bill that decriminalized drug crimes from felonies to misdemeanors. Then, he became the face of the pro-cannabis Blue Ribbon Commission on Marijuana Policy. This report’s recommendations led to Proposition 64 and the full legalization of cannabis in 2018.

Where does he stand on improving the regulatory and operating environment for cannabis businesses? Newsom is on the record for wanting to tackle the cannabis black market and trying to move businesses into “the sunshine of a regulated environment.” Based on his track record and response to Sean Spicer and the administration, one could reasonably expect he would continue to evolve California’s cannabis regulations in a way that makes it possible for businesses to operate legally, responsibly, and securely.

John Cox, Republican
Cox has a business background, and previously ran for the United States Senate in Illinois. His net worth is in the billions due to his past work as a lawyer, specifically in tax and corporate law and in estate planning. He also worked as the chief financial officer of the snack foods company Jay Foods.

As a self-purported “Reagan Republican,” Cox has said he is against cannabis legalization for adult use. In a California gubernatorial debate on May 8, he seemed to suggest that cannabis consumers should be treated in hospitals for substance abuse. In an interview with the San Diego Union-Tribune, he clarified, “I’m suggesting that people who are addicted to substances, substance abuse, should get treated, they should not be incarcerated.” Cox went on to add that cannabis users may be at risk for later using harder drugs, and should be put into a treatment facility. He supports medical cannabis.

Cox has been endorsed by Donald Trump, suggesting that if elected, he might follow the administration’s stance on cannabis.

In summary: it seems that each candidate presents two very different paths forward for the California cannabis industry. Questions about statewide cannabis regulations? Our experts can help with all your business or tax concerns. Please don’t hesitate to get in touch.

Alert: Cannabis Companies Can Now Access Property Insurance!

6/6/2018

 
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This month has been a big month for lowering the risk of operating a cannabis business in California. First, the state moved toward creating a banking system for cannabis companies. Now, the California Insurance Commissioner has approved a program to allow dispensaries, storage facilities, processors, distributors, and other cannabis businesses to procure property and liability coverage.

The program, Cannabis Business Owners Policy (CannaBOP), will make it easier for insurers to enter the market and fill coverage gaps for cannabis businesses. Developed by the American Association of Insurance Services (AAIS), CannaBOP was approved quickly and is ready to offer a package policy that includes both liability and property coverage. The program is supported by rules and loss costs (as with any insurance policy package) and was developed through analysis of market exposures and rating guidelines specific to the cannabis industry.

This announcement has been building since January, 2018 when cannabis became legal state-wide. A cannabis surety bond program was launched in February, and coverage for commercial landlords renting to cannabis companies was announced in May. Before this month’s announcement, cannabis companies were limited for choice: nearly all insurers willing to offer coverage were small carries that were not regulated by the state and often hesitant to provide coverage to a perceived high-risk industry.

Should you get cannabis property insurance? The answer depends on your unique cannabis business. CannaBOP is designed for smaller cannabis operations and for start-ups that need coverage but haven’t been able to find it – until now. For cultivators working with pesticides and quality control issues, this type of insurance is a great way to protect your business from product liability lawsuits.

Keep in mind, however, that CannaBOP relates specifically to property and liability insurance – and it does not include workers comp coverage or auto insurance. For that coverage, you might look to those smaller, non-regulated insurance companies who have been providing interim property coverage until this announcement.

If you have additional questions about insurance or protecting your cannabis business, please reach out to our team! We’d be happy to help.

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Cannabis Updates from Jurupa Valley, San Rafael, and Goleta. PLUS: Cultivation Application Deadlines!

6/4/2018

 
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This week, we have updates from the cities of Jurupa Valley, San Rafael and Goleta. Also, we share a few cities that are accepting applications on an ongoing basis for cannabis cultivation licenses.

  • The city of Jurupa Valley is proposing an initiative that would allow (but regulate) medicinal and adult-use cannabis. The city is considering allowing retail, delivery, cultivation, microbusinesses, manufacturing, distribution, testing and nurseries within their borders. We will continue to keep you updated as we get more news!
  • The city of San Rafael has completed a final adoption of an ordinance that amends current code. This amendment will allow for issue of a cannabis distribution license.
  • The city of Goleta is considering moving forward with a cannabis business license ordinance. But first, they are holding a roundtable this week and would like your input!
    • The roundtable is being held Wednesday, June 6, 2018 at 1:00 p.m. in City Council Chambers. A consulting group is leading the charge and will ask for feedback on local’s concerns regarding any operations, the cannabis application process, enforcement of the current laws and future potential regulations.  
    • Questions can be directed towards the city manager (Carmen Nichols) at cnichols@cityofgoleta.org or 805-961-7522.​

In addition, these cities are accepting cannabis cultivation applications on an ongoing basis.  While some cities may decide to have hard application deadlines, these cities keep their acceptance windows open ended (for now) for cultivation licenses:


  • San Bernardino
  • Sacramento
  • City of Adelanto
  • Palm Springs
  • Port Hueneme
  • City of Desert Hot Springs
  • Cathedral City
  • Willits
  • Point Arena


California Cannabis CPA has helped many cannabis businesses with the initial research that goes into finding the right city for your business. Need some assistance with a particular license? Ask how we can help.

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Breaking News: California State Senate Bill Clears the Way for Banks for Cannabis Businesses

6/1/2018

 
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One of the most difficult parts of operating a cannabis business in California is managing your cash flow. Luckily, this week, the state Senate is taking a step forward to ease that burden. SB930 creates a state charter for banks to serve cannabis businesses. This allows licensed and approved cannabis manufacturers, cultivators, and retailers to write checks to pay fees, taxes, and vendors, ultimately making it easier to do business.

California SB930 proposes putting the Department of Business Oversight in charge of banks and credit unions specifically established to process deposits, withdrawals, and transactions by the state’s budding cannabis industry. If approved, SB930 will allow cannabis companies to use this system of state-licensed banks to pay rent, vendor invoices, and also buy state and local bonds. It also means that the estimated $600 million in cannabis taxes the state intends to collect this year can be paid securely through banks, rather than in cash and in person.

This is great news for cannabis entrepreneurs, as it lowers risk in your accounting procedures and can increase security at your premises. Less cash on-site is a big win for anyone looking to operate safely while keeping security budgets low. A bank dedicated to cannabis businesses will also have implications for what you look for in a real estate property and how you pitch to investors.
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The bill has to clear California’s State House of Representatives before going to the governor’s office, but this is overall very good news for the cannabis industry. If you have questions about this bill, or about accounting in general, please get in touch with our experts.

Heads up: the Cannabis Excise Tax Applies to Cannabidiol Products that Contain Cannabis!

5/31/2018

 
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The CDTFA released an update recently relating to the cannabis excise tax on CBD products. For a quick refresher on the cannabis excise tax, take a look at our guide for cannabis retailers. As you prepare your cannabis taxes, here’s what you need to know about the excise tax on cannabidiol products.

Cannabis and CBD Products: Definitions

Per direction from the CDTFA, "Cannabis" refers to all parts of the Cannabis sativa L. plant, excluding industrial hemp. Likewise, "Cannabis products" refers to cannabis and cannabis plant material that has been processed and transformed into  defined as cannabis that has undergone a process that transforms it into a concentrate, edible, topical, or other things that contain cannabis.

Does Cannabidiol count as cannabis products?
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Cannabidiol comes from both the hemp and marijuana varieties of cannabis. In this case, the CDTFA is focused on the marijuana variety: hemp varieties only have small amounts of THC and have been legal in the US for a while. Therefore. CBD products made from industrial hemp  are not subject to the cannabis excise tax. Check with the California Department of Food and Agriculture (CDFA) for specific regulations related to the industrial hemp industry.

CBD and Excise Tax Regulations

Cannabidiol (CBD) products containing "cannabis" are subject to the cannabis excise tax. CBD products that do not contain cannabis are not subject to the cannabis excise tax, even if the CBD product contains trace amounts of Tetrahydrocannabinol (THC).

Questions about the excise tax? Get in touch with our experts today!
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Important Cannabis Licensing News from Ojai, Fillmore, and San Luis Obispo

5/29/2018

 
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We hope you had a nice long weekend. This week, we have cannabis updates from the cities of Ojai, San Luis Obispo and Fillmore. Plus: a few cities are accepting cannabis manufacturing applications on an ongoing basis. Not every city has a hard application deadline!


  • Ojai recently had a second reading and adopted an ordinance that would allow for testing labs.  The city has yet to release further details. In the past, Ojai has accepted applications for dispensaries and delivery services.
  • San Luis Obispo’s city council adopted an ordinance that amended regulations for commercial cannabis business and cultivation. The ordinance goes into effect on June 14.  
    • NOTE: voters need to approve the cannabis revenue measure first before permits are issued. This ordinance would allow medicinal and adult-use cannabis delivery, retail, cultivation (indoor), distribution, non-volatile manufacturing, nursery, microbusiness and testing.
    • It may be a bit of time before we see these permits issued, as the city council wants to put this on the ballot in November. Let’s see if voters approve this new tax that will create additional revenue for the city.

  • Fillmore presented an ordinance that would allow indoor and mixed-light commercial medical cultivation. This would be a big step for Fillmore, though they would still prohibit outdoor cultivation and other commercial cannabis activities.


While most of our newsletters focus on upcoming and open cannabis application windows, it’s also important to note that some cities accept applications on an ongoing basis.  For example, the following cities accept manufacturing licenses on an ongoing basis:
  • Sacramento
  • Cathedral City
  • Port Hueneme
  • Desert Hot Springs
  • City of Adelanto
  • Palm Springs
  • Willits
  • Point Arena


Looking for some additional guidance on the licensing process? California Cannabis CPA is here to help make sense of it all. Contact us today with your questions and we can get you started.



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Part 3 of Los Angeles’ Cannabis Rules and Regulations: Requirements

5/24/2018

 
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Catch Part 1 and Part 2 of our Los Angeles series before reading the third and final article below.

In November 2016, the people of California voted to approve Proposition 64 for the Adult Use of Marijuana (AUMA). This forever changed the landscape of cannabis in California and opened up a slew of opportunities for cannabis businesses.  Los Angeles has been home to the legal medical marijuana market for years. However, it had difficulty monitoring illegal use of medical marijuana. Therefore, the city is taking further actions to ensure their ordinances are crystal clear.

A Social Equity program was also created to promote equitable ownership and employment opportunities in the Cannabis industry. Los Angeles has full intentions to issue licenses in the most transparent manner possible.

Los Angeles Required Cannabis Licenses

A license is needed for the following commercial cannabis activities.  A license will be issued as one of two categories – A (Adult) or M (Medical).  This information is sited directly from the Los Angeles ordinances, so if you’d like to read it in its entirety, you can do so here.

  • Retailer Commercial Cannabis Activity
    • Type 10 – Retailer
    • Type 9 – Non-Storefront Retailer
  • Delivery for Retailer Commercial Cannabis Activity
    • Type 10 – Retailer
    • Type 9 - Non-Storefront Retailer

It’s important to note than an applicant may only hold up to 3 Type 10 or Type 9 licenses.

  • Indoor commercial cannabis activity
    • Type 1 through Type 5 is defined as:
      • Type 1A – Cultivation, Specialty Indoor, Small
      • Type 2A – Cultivation, Indoor Small
      • Type 3A – Cultivation, Indoor, Medium
      • Type 4 – Cultivation, Nursery (limited to indoor cultivation)
      • Type 5A – Cultivation, Indoor, Large
      • Type 1C – Specialty Cottage Small (limited to indoor cultivation)

An applicant is not limited in the number of license applications. However, each cultivated area may only be licensed 1.5 acres per applicant.

  • Microbusiness commercial cannabis activity: Type 12
  • Manufacture commercial cannabis activity
  • Type 6 – Manufacturer 1 as currently defined or amended by the State of California
  • Type 7 – Manufacturer 2 as currently defined or amended by the State of California
  • Type N – Infusion
  • Type P – Packaging
  • Testing commercial cannabis activity: Type 8
  • Distributor commercial cannabis activity: Type 11

Los Angeles Cannabis Application Procedure

If you would like to apply for a license is Los Angeles, you need to fill out and file this application for Commercial Cannabis online. Various fees will be required. Candidates will be ineligible if they fall into any of the following categories:

  • If you currently hold office or are employed by the state of California.
  • If you have been convicted of any illegal manufacturing practices in the past. There is a bit of leeway, if it happened more than 5 years ago you can apply.
  • If you’ve been convicted of violating laws involving wage, labor, illegal sale of tobacco, illegal sale of alcohol or violation of labor laws within the last 5 years.
  • If you have been convicted of felonies involving violent crimes, sex trafficking, rape, crimes against children, gun crimes or hate crimes within the last 10 years.

Once you submit a complete application, The Department of Cannabis Regulation (DCR) will require a pre-licensing inspection. The details are outlined in our Rules and Regulations blog (link to our own blog once ready). EMMDs (existing medical marijuana dispensary) are exempt from this inspection. A pre-licensing inspection must be passed before any temporary approvals or licenses may be issued.

The Department of Cannabis Regulation (DCR) will mail applicants notice within 10 days of a complete application. They will also inform and mail the owner of the property and any occupants within 500 feet of the business premise. The applicant is also required to hold a hearing, informing the public of the new cannabis business that may be opening within their neighborhood.

Issuance of Los Angeles Cannabis Licenses

  • Retailer Commercial Cannabis Activity or Microbusiness Commercial Cannabis Activity
    • Within 60 days of the completed application and pre-license inspection, the applicant will know if a license will be issued.  The DCR can deny licenses based on their own discretion. However, it is stated that if an application is denied, it is likely because the applicant misrepresented the business space or documentation.
    • If the DCR grants approval, then the Los Angeles Cannabis Regulation Commission shall make the decision to issue the license after a public hearing.  
  • If your business is a non-retailer conducting commercial cannabis activity in a business premise of less than 30,000 square feet, you will have different processes than a business who has a facility greater than 30,000 square feet.  Refer to this document on page 10 for details.
  • Testing Lab Licenses: If you are seeking a testing lab license (Type 8), you may submit an application to the DCR any time after they accept applications for other types of licenses.

The Appeals Process

If you would like to appeal the DCR’s decision or denial of your license, you must do so 15 days from the mailing date of the DCR’s decision. If not filed within 15 days, the appeal is automatically rejected. Click through for more information on page 14 of this document.

Likewise, if you do successfully submit your appeal, the appellate body shall issue its decision within 30 days of the closure of the hearing on the appeal. Unfortunately, if the appellate body does not come to a decision within this time frame it is considered a denial.

Other Must-Know Info for Getting a Los Angeles Cannabis License

Your license is non-transferrable. The only exception to this is if you submit your case (and there’s been an organizational or ownership. Although this is a detailed post, the city of Los Angeles issued a highly comprehensive document that goes into further detail, so we recommend taking a look if you’d like further detail about any of the above topics.

Still looking for some guidance on the licensing process? Let California Cannabis CPA make sense of it all. Contact us today with your questions and we can get you started.

How to Attract Investors for Your Cannabis Company Using Real Estate

5/23/2018

 
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Starting a cannabis company can be a tough sell when trying to raise capital from traditional funding sources. The newness of California’s industry combined with the unknown of funding a new (drug!) business leads to a level of risk unappealing to many investors. In a previous post, we’ve covered different ways you can find an injection of cash for your business. And this week, our experts have a new way to make your business more attractive: real estate.

Use Real Estate as an Investment Opportunity

There are two instances where purchasing real estate can be leveraged as an investment opportunity.

The first, most simple way? Use your real estate as a business in and of itself. Purchase a property in a green zone-compliant area that you can use to operate your business. Then, approach investors with the chance to become part owners in the building, rather than your business.

The second way is to offer a similar investment opportunity on different locations owned by your business. If you plan to open multiple locations but need to raise the capital to purchase the locations, have an investor take ownership in individual properties.

Both examples are a win-win for investors and entrepreneurs. For investors who may be wary of the risk associated with the cannabis industry, real estate is a much safer investment option. For cannabis entrepreneurs, you maintain full ownership of your business. Making an investor a part owner in your real estate rather than your business lets you make decisions as you want and grow your company with more autonomy.

Leasing vs Buying: Green-Zone Property

Does this mean you should make an effort to buy a property rather than leasing it? There are pros and cons to both options. We’ve outlined some of the biggest points to finding real estate previously on the blog. Should you have more specific questions, we’re here to help.

This is a very specific instance where our experts have found ways to make your company successful. Get more advice on how to build your business and join California’s billion-dollar cannabis industry when you consult our experts.

Get A Head Start On Part 1 Of San Francisco’s Cannabis Business Permit Application Process

5/17/2018

 
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San Francisco recently announced that it will soon be accepting cannabis business permit applications – however, they have not yet announced when the application date will officially open. The city has provided some preliminary application information to get you started, and we recommend  you suggest preparing your application now. If you’re not sure where to start, follow this article by reading our guide to the first three steps you should take to start your cannabis business.

San Francisco Cannabis Licensing: Part 1


San Francisco will soon be releasing part 1 of their cannabis business permit application process. On May 7, the City opened office hours to allow for walk-ins and appointments should you have questions. You may schedule a meeting by emailing officeofcannabis@sfgov.org. The office hours are Monday through Friday, 1pm to 5pm, in room 018 located in San Francisco’s City Hall.


Who can apply for a San Francisco cannabis permit?

During Part 1 of the Cannabis Business Application process, San Francisco has very strict criteria. You may only apply to this round of applications for a cannabis business permit if:

  • You already hold a temporary permit from the Office of Cannabis
  • You qualify for the Equity Program
  • You are a Medical Cannabis Dispensary with a permit under Article 33 from the Department of Public Health
  • You have applied for an Article 33 Permit from the Department of Public Health that required referral to and approval by the Planning Commission before September 26, 2017
  • You have registered with the Office of Cannabis in 2017, proved existing activity, signed and complied with an affidavit
  • You have operated in compliance with the Compassionate Use Act of 1996 and were forced to stop operations as a result of federal prosecution or threat of federal prosecution


This list was taken directly from San Francisco’s website from their list of accepted criteria.

What is San Francisco’s equity program?

San Francisco recognizes that the nationwide and state drug policy has traditionally negatively impacted certain communities, causing additional inequality and a heightened level of hardship.  Therefore, San Francisco has proposed an equity program that will allow certain neighborhoods, citizens and communities to have access to a cannabis business permit first.  

Normally, applicants would have to pay a permit fee. However, San Francisco is waiving the $5,000 fee for equity applicants. There are also programs that allow for discounted rent and assistance in running a cannabis business.

How to Apply for a San Francisco Cannabis Permit

While San Francisco has not issued an application start date quite yet, the city has written a list of the items required so you can get a head start. The city will require items such as background checks for all owners and proof of a secured location zoned for your business.

The city will issue the following permits:
  • Cultivator or grower (indoor)
  • Distributor
  • Manufacturer (volatile or non-volatile)
  • Retailer (medical and adult use)
  • Delivery only retailer (medical and adult use)
  • Medicinal cannabis retailer (medical only)
  • Testing laboratory
  • Microbusiness

It is not yet clear how many of each permit San Francisco will issue. Once the application is available, the Cannabis Office will email the verified applicants with further instructions.

When the application is released, prepare to submit a few additional things:
  1. A $2,000 application fee (waived for Equity Applicants)
  2. Completed background checks. The Office of Cannabis will email you information on the next steps after the background checks are completed.


If you have additional questions related to enforcement or the equity program, visit room 362 at City Hall between 9am to 1pm, or call (415) 554-4420.


San Francisco’s application process is sure to be competitive.  If you’d like to get a head start today, contact California Cannabis CPA to ask how we can help.

Important Cannabis Updates from San Luis Obispo, Jurupa Valley, and West Hollywood

5/16/2018

 
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This week we have updates from San Luis Obispo, Jurupa Valley and a reminder to submit those applications for West Hollywood!

  • San Luis Obispo has adopted an ordinance that will allow for additional commercial cannabis activities. The ordinance would allow for retail, delivery, cultivation (indoor only), distribution, manufacturing (non-volatile only), testing, nurseries, and micro-businesses. The voters still have the final say – but we are anxiously awaiting the results!
  • Jurupa Valley’s city council is on its way to permitting retail, delivery, cultivation, distribution, manufacturing, and testing facilities. They have also discussed the potential tax revenue. The city is looking to allow just one retail store per 15,000 residents of the city. The city could adopt the ordinance or leave it up to voters in the November elections. We are still awaiting which choice the city will make. 
  • West Hollywood cannabis applications are due in a little over one week (May 31). Scrambling to submit? Get advice on how to submit a cannabis application from our experts and check out our West Hollywood cannabis guide for everything you need to know.


Looking for some guidance on the cities listed or others within California?  We have a track record of providing research and cannabis application guidance to our clients quickly and accurately. Contact us today to ask how we can help.



3 First Steps to Starting a California Cannabis Business

5/16/2018

 
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The most common question our experts get isn’t always tax related. In fact, it’s a bit more complicated. Everyone wants to know: “what do I need to do to start a cannabis company?”

What seems like a straightforward question usually has a much more complicated response. In this post, we’ll cover the three high-level steps you need to take to get started in California’s $3.7 billion cannabis industry. Our experts have helped dozens of companies launch in cities across California, and without these three factors, getting a license is difficult, if not virtually impossible. Here’s what you need to start a California cannabis company.

Step 1A: Find Real Estate

As we outlined in a previous post, finding properly zoned real estate is the biggest and most important element of starting your business. If you don’t have a lease or purchased property, your cannabis license application will not be approved.

Finding real estate is made especially difficult by a city’s zoning restrictions. Often, a city will release their zoning ordinance just before announcing the opening of cannabis business applications. Commercial real estate is limited to green zone properties; and these properties are fiercely competitive among potential licensees. Our experts frequently see only ten properties available in compliant zones. Narrow those ten properties down to landlords willing to host cannabis businesses, and you’re looking at two or three spaces available to every prospective cannabis business in the city.

Secondly, a landlord willing to lease to a cannabis business is likely going to charge a premium (because they can). Budget ahead of time for a largely inflated lease price, and keep in mind that some landlords will ask for a large deposit to account for the chance that your cannabis license application might not be approved.

Step 1B: Select your Jurisdiction

We’re calling these step 1A and step 1B because these two items are really concurrent processes. Selecting a jurisdiction has as much to do with the available real estate in a district or city as other factors: tax rates, the cost of doing business, and application fees.

To reiterate: without real estate, you will not be able to operate as a cannabis business. However, there are other planning aspects that should play a role in getting your business off the ground. Select your jurisdiction carefully! Not every city allows for every type of cannabis business. Read the regulations (and check out blog for updates as new cities come online) to see how many cannabis licenses will be available and what the selection criteria will be. Check tax rates, crime statistics, and other city-wide regulations to see how easy your life will be once you get approved.

Pro-tip: try to narrow it down to 2-3 jurisdictions before looking for real estate. This will make your life easier!

Step 3: Complete and Submit the Cannabis Business Application

This step sounds pretty straightforward, but our experts say submitting a strong cannabis business application is a full-time task. Give yourself three to four weeks of effort to put together the best application possible. To help you, we’ve compiled our best tips from helping dozens of businesses through the process. Read our advice on how to submit a strong cannabis permit application in California before you get started.

Remember: cities update their ordinances roughly once a year. As this is the first year that cities are releasing cannabis regulations, 2018 can be considered something of a test run. If you have feedback for your respective city, be sure to submit a public comment. When these ordinances and regulations are revisited next year, these comments will be taken into account.

Questions? Get in touch with our experts to learn more about starting a cannabis business in California.

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NEW Cannabis Licensing Updates from San Bernardino, Alameda, Ojai, and Redwood City

5/14/2018

 
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Today, we have cannabis licensing updates from San Bernardino, Alameda County, Ojai, Redwood City, and the City of Alameda.

  • There’s good news for anyone looking to apply in San Bernardino. The city pushed back the application deadline from late May until June 25. You have another six weeks to perfect your application. Check out our summary of San Bernardino’s application process. We also recommend these tips for submitting a strong cannabis license application from our experts.
  • Alameda County recently adopted an ordinance that will increase the total number of cultivation sites allowed in the county from six to ten.
  • Ojai’s City Council is introducing an ordinance that will allow for cannabis testing labs in the city. We will continue to update you on the process as it (hopefully) passes and applications officially open.
  • Redwood City adopted an ordinance to start Phase 3 of their cannabis program. This will allow commercial indoor cannabis nurseries in certain districts. These districts include IR, LII, IP & GI Zoning Districts. The nurseries will still have to obtain a conditional use permit. Delivery centers will also be allowed in the same industrial zoning districts listed above.
  • The City of Alameda is now accepting applications, on a first come first serve basis, for cannabis testing laboratories. Applications opened April 17 and are still open, so apply as soon as possible! At this time, all other businesses must apply through an RFP process.


Have questions about any of the above cities? Get in touch with one of our experts.  
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