As the infrastructure necessary to support the recreational and medical use of marijuana continues to build out in California, more and more entrepreneurs and real estate developers are seeking to adjust their plans to include elements of these newly minted business opportunities. However, the road to receiving the proper licenses required to play in this emerging space is not as simple as filling out forms and paying some fees. Developers who wish to make marijuana part of the picture officially must still receive the official approval of local officials.
According to the Medical Cannabis Regulation and Safety Act (MCRSA), developers throughout California must obtain approval from local powers. While marijuana-based businesses are now generally legal, each different kind of business entails slightly different challenges for approval from local authorities, who are the ones who truly hold the keys to your path forward.
The MCRSA makes it clear that California cities and counties retain the right to determine which kinds of businesses they will allow to open within their borders and the regulations they may levee against various kinds of operations.
If you want to make a marijuana-based business a part of your next development, you should not hesitate to consult with an experienced attorney who understands how to navigate the endlessly complex world of local development regulations. With proper guidance, you can stay within the ever-shifting boundaries of local governance and keep your rights as a real estate developer secure.
Source: Above the Law, "10 Things You Need To Know Before Getting A California Medical Marijuana Business License," Hilary Bricken, June 12, 2017