© 2019 by Herrick & Herrick, pc

E-mail: info@herrick.org

Phone: +1-650-776-6987

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LICENSING

Because of the illegal narcotic prejudicial fog that covers all Cannabis related products, it is extremely important for actors in this new business arena to be extremely diligent in demonstrating their compliance with the law.  Many people will assume you are a natural law breaker by the mere fact you are in the Cannabis business.  Therefore, when you enter the Cannabis business you have to make an extra effort to show how law abiding you actually are.  And one important area where you can demonstrate your diligence in sticking to the letter of the law to local authorities is in licensing. 

THC LICENSING

For THC in California licensing is King.  It is hard to obtain licenses in California because when California (in its infinite wisdom) made THC recreationally legal, in not one of its better moments it decided that all THC licenses would have to be obtained locally before the State of California would issue a state license.  That seemingly innocuous rule means that before you can obtain your THC license for the State of California, you have to obtain a THC licenses in either the county or city your business is located in.  In short, in order to get a state license you first need to get a local license.  Some local jurisdictions give out licenses very easily, some make it difficult and some jurisdictions flat out refuse to give out a license. 

The most important decision a new THC company can make, whether they are a dispensary, a lab, a manufacturing plant or a grower, is in what jurisdiction they place their business.  If you have not already not made this decision please talk to us before you do.  If you did not look into this issue, you may have set up in a jurisdiction that simply will refuse to give you a license.  In whatever stage of the license process you are in (save from already being granted one), from looking where to locate, or have already having tried to submit a license, you should contact us or some other attorney that specialized in THC licenses.  The call to the right attorney will expedite the process not matter what stage you are currently in.

HEMP LICENSING

Hemp is federally legal and in most jurisdictions there are no strict licensing requirements.  But as stated many local jurisdictions are hostile to hemp even though it is legal.  We can help you obtain, if applicable, local licenses for hemp cultivation, transportation, distribution and sale.

CBD LICENSING

Although hemp is federally legal, the legality of products containing CBD from hemp is still a hotly debated topic.  Many jurisdictions simply don’t want CBD products in their jurisdiction. We can help you obtain, if applicable, local business licenses, manufacturing licenses, land use licenses etc.  You need to have all your paperwork in order to prevent local law enforcement from finding an easy excuse to shut you down.