New Regulations Released

The draft regulations for cannabis businesses are out. Plenty of opportunity, but plenty of red tape to navigate through. The regulations appear to allow time for transitioning with temporary commercial cannabis licenses, phased in renewable power regulations, and other provisions to help the small businessperson make the transition. However, there are also lots of barriers in terms of site plans, operations plans, security requirements, that will make it difficult for many businesspeople to navigate the transition without some help and guidance. Take a look here for training sessions and summaries and full text of the regulations, then contact my office for help with compliance.

California Cannabis Portal

The Final Countdown for Cannabis Licensing

We have begun the final countdown to commercial cannabis licensing in California. The state of California is maintaining that they will release the draft guidelines for cannabis licensing by the end of this month, and will then fast track those regulations as well as getting application materials out by late December. The state’s goal is to begin issuing temporary licenses on January 2, 2018.

 

In preparation for the new guidelines being released, the California Department of Food and Agriculture just yesterday released an environmental impact report that added a piece to the puzzle of what you will need to get a cultivation license. The requirements are very likely to include the following:

 

-A business plan that covers storage, waste removal, track and trace compliance, storage and packaging, and details of your cultivation procedures and how they will comply with environmental regulations.

-Proof of water and power sources.

-Background checks.

-A bond of at least $5000 and insurance of at least $1 million.

-Seller’s permit and a cannabis sales permit so the additional cannabis tax can be applied; both go through the Department of Tax and Fee Administration, formerly an arm of the Board of Equalization.

-Environmental inspections for proof of compliance with your regional water board’s requirements.

-Professionally drawn architectural and security plans for your site.

 

We are moving from cannabis being one of the least regulated areas of business in California to it being quite possibly the most regulated. Get yourself ready to transition. Call today for a consultation.

Cannabis Laws in California- What Does it Mean for You?

We are entering a new era in California cannabis. With the passage of MCRSA and Proposition 64, cannabis businesses are now finally able to come into the light. Cannabis is moving from being maybe the least regulated agricultural product in the state, to the probably the most regulated. It’s going to be an adjustment, to say the least.

Over the past several weeks, the state agencies that will be in charge of different types of cannabis business licensing have released draft regulations for the various types of businesses. The draft regulations give us a good idea of just how much work it will take to get licensed. The regulations include requirements that cannabis businesses who want to get licensed use state of the art security equipment, submit professional architectural plans for their sites, and use renewable energy to meet nearly half their power requirements. Manufacturers of concentrates and edibles will have to come up with and abide by strict sanitation requirements, while cultivators will be required to undergo stringent environmental inspections. Every plant has to be tracked from the moment it sprouts to the moment the product from it is sold. And that’s just the tip of the iceberg.

Compliance won’t be easy, but as hard as it is, it’s a tremendous opportunity. Not only can you come into the light, but the cannabis industry is now ripe with chances for participants to become cutting edge innovators. If we do this right, we become an example for other industries to follow. In a few years, when inevitably the manufacturing sector is required to abide by similarly strict environmental standards, they will look to cannabis producers and distributors as an example of how to best comply and come up with ways to reduce environmental impacts and costs alike. When the wholesale housewares industry is looking at how to streamline inventory management, they will look at some of the most inventive track and trace programs as an example for how to do it. When the food and beverage industry has to update safety and sanitation and packaging protocols, they will look at the cannabis industry, who will have been operating under those protocols for years by that point.

You can do this, but you need the right professionals helping you out, starting with the best legal team you can find and continuing on to architects, engineers, graphic artists, security professionals – the list goes on. Get the right set of people behind you and get going.

This is a solicitation, and the Law Office of Samuel D. Berns, Inc., cannot guarantee results.

DUI Consequences: Will You Lose Your License?

California drivers who are facing charges of driving under the influence (DUI) are subject to severe consequences, which vary depending on several factors. Retaining an experienced DUI attorney can ensure that the driver’s rights are protected as they navigate this complex legal process. Here’s what drivers need to know about California DUI penalties.

Basic DUI Penalties

In general, penalties increase with each DUI offense as follows:

  • For the first DUI offense, California drivers can receive between four days and six months in jail and a fine of up to $1,000 plus penalties which may increase that amount to four or five times the base fine. This offense also carries a license suspension of 30 days to 10 months. In certain counties, the first offense requires the installation of an interlock ignition device (IID), which requires the driver to submit to a breathalyzer-like test that prevents the car from starting if his or her blood-alcohol level is too high.
  • For the second DUI offense, penalties include 10 days to one year in jail and a fine of up to $1,800 plus penalties. The driver’s license can be suspended for two years, but this can be reduced to one year. IID installation is mandatory.
  • The third DUI offense has consequences of 120 days to one year in jail, a fine of up to $1,800 plus penalties, a three-year license suspension, and a mandatory IID installation.
  • If a fourth DUI occurs within 10 years of a third DUI, the driver may receive prison time and fines, a four-year license suspension, and mandatory IID.

With the help of a qualified DUI lawyer, prison time may be reduced to probation for a felony DUI charge. Additionally, a seasoned attorney can guide you through the complex court system.

Permanent License Suspension

In certain cases, California driver’s licenses can be revoked or suspended permanently. Conviction of a DUI resulting in murder always results in permanent license revocation. A permanent suspension can also occur at the judge’s discretion in convictions of the following:

  • DUI manslaughter
  • DUI resulting in serious injury
  • Fourth DUI Offense

Because of these wide-ranging penalties for DUI, it’s important to retain a DUI attorney experienced in criminal defense who can advocate for a fair sentence, no matter the offense. During this difficult time, individuals should remember that regardless of the situation, there is always hope for better terms of suspension and better results. Contact the Law Office of Samuel D. Berns, Inc. should you face charges from driving under the influence of alcohol or drugs.

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