By:
Charles Feldmann, Esq.
If you are like many entrepreneurs looking to capitalize on the burgeoning
new legal marijuana industry, you may have several questions about how
to open a marijuana dispensary. What local and state regulations will
you have to comply with? Do you need a business license? Are licensing
requirements different for medical and recreational marijuana? In this
blog, we provide a basic overview of what you should expect, but please
be aware that you should consult with an attorney about the laws and regulations
that pertain to your geographic area.
Licensing Requirements in Colorado
The type of licensing and documenting that will be required for your marijuana
business will depend on both the sort of business you are conducting and
its location. For instance, someone who cultivates and markets marijuana
to retail sellers will likely have different licensing requirements than
someone who operates a medical marijuana dispensary. So, your first priority
should be to define your business goals and determine which market you
are interested in.
Licenses for both recreational and medical marijuana are available in Colorado.
The state requires that any person or location with more than six marijuana
plants or two ounces of marijuana product must become a medical marijuana
business under the local code. As part of this, the person must maintain
a city Medical Marijuana Business license in addition to a state license
from the State Medical Marijuana Enforcement Division. Licensure requirements
for recreational marijuana are similar to, yet separate from, those for
medical marijuana.
Consult with a Marijuana Business Attorney
Many localities have placed restrictions on marijuana businesses, including
where they can be located and how large they can be. Because marijuana
businesses are still not legal at the federal level, marijuana business
owners and prospective owners are strongly advised to enlist the help
of an attorney who can ensure that the business does not run afoul of
any state laws or local regulations. If you are considering opening up
a marijuana business and are seeking legal guidance, contact an attorney
at Feldmann Nagel Margulis to schedule a consultation. We serve clients in
Colorado, California, Texas, Florida, Illinois, New York, Connecticut,
Tennessee, Massachusetts, Hawaii, Oregon, Washington, and Arizona.
Call (888) 458-0991 to speak with an attorney.