Frequently Asked Questions
Here are the most common questions we've heard. We will continue to update it as more questions and answers are collected.
What is a provisional license?
A provisional license is issued as a one year state license for those whose applications are complete except for delayed items caused by CA Department of Fish & Wildlife's Lake and Stream Alternation Agreements/Waiver and/or local municipalities not yet confirm adherence to California's Environmental Quality Act (CEQA). The license holder will have one year to resolve those items in their final applicaiton to receive a full annual state license.
If I apply for a medical permit can I sell to a recreational permitted dispensary?
Yes, the state no longer restricts medicinal and recreational as all the testing and labeling requirements are the same.
Can I do business while I'm waiting for my state license, if I have local approval?
No, you will need to wait until you have a State license to conduct legal business.
What convictions will disqualify an applicant?
An applicant will not be approved if they have felony conviction for:
- Fraud, Deceit or Embezzlement
- Drug trafficking heroin or cocaine
- Manufacturing either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance
a violent or serious felony as noted in Penal Code 1192.7(c) including:
- Grand theft involving a firearm;
- Attempted murder;
- Murder or voluntary manslaughter;
- Assault with intent to commit rape or robbery;
- Rape;
- Arson;
- Robbery;
- Kidnapping;
- Carjacking;
- Assault with a deadly weapon;
- Lewd or lascivious act on a child under 14 years of age;
- Exploding a destructive device or any explosive with intent to injure;
- Selling, furnishing, administering, giving, or offering to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug
- Discharge of a firearm from a vehicle or at an inhabited dwelling, vehicle, or aircraft;
- Any felony in which the defendant personally inflicts great bodily injury on any person, or any felony in which the defendant personally uses a firearm;
To see the complete list of serious felony offenses visit the state's site: http://www.cdcr.ca.gov/parole/non_revocable_parole/serious_offenses_defined.html
If I apply for one type of license, such as outdoor, then change my operations for a different license such as mixed-light, do I have to apply for a new license?
Yes, you can not change the license type during the application process. You should cancel your applicaiton and apply under the correct license type.
Can I buy a license from a business that has one?
NO. Licenses can not be bought and sold. You would have to buy the entity that owns the license. You would then be required to report the additional owners to the state, including livescan and goverment IDs.
If I am the owner of the company and owner of the property, does my company have to have a lease agreement and owner consent from me for my application?
No, submission of the deed is sufficient, however we recommend that you consider a lease agreement and owner consent form to maintain proper separation of the propoerty from the Cannabis business.
Is the mandatory $5,000 surety bond for the business or the premises?
It is for the premises as a bond is required for each application, however it is issued to the business.
If a packaged product goes bad can I just throw it away?
No, goods have to be removed from their packaging and "rendered unrecognizable and unusable." They can then be taken to waste facility where you must receive a copy of a certified weight ticket documenting delivery to the solid waste facility. Contact the facility first to ensure that they are willing to receive Cannabis waste.
What if I have plants that go bad?
They must be weighed and reported in METRC as waste. Then they can then either be composted on site in a secure area, or taken to waste facility where you must receive a copy of a certified weight ticket documenting delivery to the solid waste facility. Contact the facility first to ensure that they are willing to receive Cannabis waste.
Can a retailer buy bulk product and repackage it for retail sale?
No, only a business with a (BCC) Distributor, (CDHP) Manufacturer, or (CDHP) Processing/packaging license can package a product for retail sale. A business with (CDFA) cultivator or (CDFA) processor license can package a non-manufactured product (such as pre-rolls) for retail sale. However, only a Distributor can transport final tested retail packaged products to a retailer for retail sale.
Have more questions? Feel free to:
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