CANNABIS BUSINESS LAW

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When setting up and preparing to operate a business of any nature, the advice and skills of a Santa Rosa business attorney is one smart step you can take to ensure your success and avoid common pitfalls. Starting a business involves contracts, regulations, compliance, leases and more. It’s easy to make a mistake if you try to navigate all of it on your own. ARyan Wilber has extensive experience in the operations and financing of small business and commercial real estate projects, which directly translates to entrepreneurship in the cannabis sector.

The stakes are even higher when you intend to set up and operate a medical marijuana business. Cannabis law is a complicated, specialized arena. Having an attorney guide you through the process is even more important when you are up against laws that are often vague, conflicting, and difficult to understand. Your mind will be at ease when you have the advice of a knowledgeable Sonoma County cannabis law attorney to rely on, ensuring that you are setting yourself up with the proper legal protections from the very beginning.

Contact Wilber Law Offices if you need assistance with license application, local permitting, the selection and formation of necessary business entities, formation of mutual benefit corporations (may soon be obsolete), land use, zoning, trademark or branding, contract review or drafting, compliance, administrative hearings, or if you simply need to understand the legal obstacles you will encounter in the application process or the day-to-day operations of your business.

Different Types of Licenses

Whether you are a grower, or you are looking to operate a collective, wholesale, retail or cooperative enterprise, our Santa Rosa cannabis attorneys offer individualized services to help ensure you are in compliance with the complex laws, administrative regulations, local ordinances, and legislative developments. Wilber Law Offices is eager to serve as your legal resource throughout the development of your business, from planning, to licensing and operation. We know what you will need to succeed in new commercial and retail ventures.

Wilber Law Offices represents clients in the following areas:

 

  • Business Formation

 

    • Trademark and Branding
    • Agricultural Land Use
    • Dispensary Formation
    • Mutual Benefit Corporations
    • LLCs
    • Administrative Law
    • Local Advocacy

 

  • Lease Negotiations
  • Compliance
  • Contract Drafting, Reviewing and Disputes

 

Contact our office for a consultation. Let us help you get your business off the ground.

(707) 527-3451

MEDICAL MARIJUANA COMPLIANCE

History of Medical Marijuana (Cannabis) In California

In 1996, the citizens of the State of California voted to enact the Compassionate Use Act (CUA) under Proposition 215. This effectively bestowed the right to use, cultivate, and possess marijuana for medicinal purposes to qualified patients. Health and Safety code section 11362.5 codifies this right, providing an affirmative defense and a limited immunity from prosecution for the possession and transportation of marijuana IF one is a “qualified patient.” The Medical Marijuana Program Act (MMPA), codified in 2003, expanded the affirmative defense beyond simple possession and cultivation.  It established a voluntary ID card program, and it provided a legal framework for medical marijuana patients to associate collectively and operate cooperatives for the purpose of distributing medical cannabis. Charges of transportation and even possession for sales became defensible through the act as well, within its guidelines and certain restrictions.

The law protects not-for-profit collective and cooperatives and allows primary caregivers to be reimbursed for the costs of their services.

How does one become a qualified patient? A “qualified patient” is simply someone who has a recommendation from a doctor to use medical marijuana for an ailment. A doctor who supports marijuana as medicine evaluates patients to determine if a medical marijuana recommendation will address the health issues a prospective medical marijuana patient has. If the doctor thinks marijuana would work as a legitimate medicine for the patient, he or she will write a recommendation for that person to be able to possess, use, cultivate and transport marijuana within the guidelines of the law.

California Health & Safety Code Section 11362.81(d) requires that “the Attorney General shall develop and adopt appropriate guidelines to ensure the security and non-diversion of marijuana grown for medical use by patients qualified under the Compassionate Use Act of 1996.” Pursuant to this requirement, in August 2008, California Attorney General Jerry Brown published the “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.”

Understanding the medical marijuana laws in California accurately is overwhelming, even for experienced prosecutors and judges. The laws are in a constant state of flux and are often interpreted differently, even at the Supreme Court level. Wilber Law Offices has experience representing growers, producers, dispensaries, and processors in issues of regulatory compliance issues. Our Sonoma County medical marijuana attorneys are up to date on current proposed changes, administrative requirements, regulatory and compliance, and licensing issues. Allowing our cannabis attorneys to assist you will put your mind at ease and permit you to focus on what’s important to you: the success and development of your business.

Let us help you with:

  • Medical Cannabis Business Formation
  • Zoning Compliance
  • Regulatory Compliance
  • Dispensary Application Process
  • Administrative Hearings and Denials
  • Obtaining and Reviewing Permits
  • Legal Updates

Our goal is to ensure the successful licensing, compliance and continuation of the business you are working hard to build. Contact us today to get started. (707) 527-3451