LOS ANGELES CANNABIS LICENSING GUIDE Disclaimer: The content found in this document are for educational purposes only. Please consult with your attorney before taking any action regarding your application or cannabis delivery business. LOOKING TO START A CANNABIS DELIVERY IN LA? Goals: •Understanding Delivery (Type 9) vs. Dispensary (Type 10) business models in California •How to apply for a local cannabis delivery license with the City of Los Angeles •How to apply for a state cannabis delivery license with the BCC Type 10 Licenses • A storefront retailer (Type 10) licensee sells cannabis goods to customers at its premises or by delivery. A storefront retailer must have a licensed physical location (premises), including address, where commercial cannabis activities are conducted. • Applicants that are invoiced through Round 1, the additional 100, and Round 2 will be applying for a Type 10 license with the state cannabis licensing authorities. Type 9 Licenses • A non-storefront retailer (Type 9) licensee sells cannabis goods to customers exclusively through delivery. A non-storefront retailer must also have a licensed premises to store the cannabis goods for delivery. The premises of a non-storefront retailer shall not be open to the public. Applicants that aren’t invoiced through Round 1, the additional 100, and Round 2 are eligible to apply for a Type 9 delivery license. Why choose delivery in LA? • The City of Los Angeles is making an unlimited number of delivery licenses available. These licenses do not apply to PCN requirements. • Licenses are available only to social equity applicants until January 1, 2025. • Owning a delivery service is more cost effective than having a dispensary. Take into account your month-to-month costs to manage and maintain the infrastructure of your dispensary. Delivery services require much less in maintenance costs, improving profit margins and potential for scalability. Consumer trends are shifting towards delivery - the ongoing pandemic has shown us how vital and convenient it is to have cannabis delivered. Applying for a license in Los Angeles • The Application Window for Delivery licenses in the City of Los Angeles opens on Tuesday, October 20th, 2020 at 2PM PST. Applicants apply using the DCR (DEPARTMENT OF CANNABIS REGUALTION) website. Timeline. • All applicants that meet the requirements under the original SEP Eligibility criteria or under the new, expanded criteria of a “Social Equity Individual Applicant,” are eligible to apply for a license. • Does not require secured property or executed lease • Landowner attestation recommended • IMPORTANT : To begin the licensing process, you will need to file for a Pre-Application Review. This is the form that you will be required to submit come October 20th, 2020. Fee schedule for Retail (Los Angeles) Pre- Application Review • The Pre-Application Review process is implemented by the DCR to verify 3 things related to the application: Owners, Primary Personnel, and Property Eligibility Forms Associated with the Pre-Application Review Process • • • • • • • List of Primary Personnel and Owner(s) (LIC-4003-FORM) Primary Personnel and Owner Attestation (LIC-4004-FORM) Ownership and Financial Interest Disclosure Form (LIC-4008-FORM) Radius Map Attestation (LIC-4009-FORM) Business Premises Diagram Dated Radius Map Site Plan Pre-Application Walk-through • LINK: https://aca-prod.accela.com/LADCR/Default.aspx Pre-Application Walk-through • LINK: https://aca-prod.accela.com/LADCR/Default.aspx Pre-Application Walk-through • LINK: https://aca-prod.accela.com/LADCR/Default.aspx Pre-Application Walk-through • LINK: https://aca-prod.accela.com/LADCR/Default.aspx Pre-Application Walk-through • LINK: https://aca-prod.accela.com/LADCR/Default.aspx Pre-Application Review Workflow • LINK: https://aca-prod.accela.com/LADCR/Default.aspx “I HAVE BEEN APPROVED!!! What’s next?” • Once you receive your Determination of Eligibility, you may proceed and apply for Temporary Approval with the city. • There will be a window of time for you as the applicant to make business decisions and make adjustments before applying for Temporary Approval. • The Temporary Approval process requires site-specific inspections; It’s recommended to have property secured before submitting your Temporary Approval application. Applying for Temporary Approval • In some instances, you will be required to follow the procedures found in the Social Equity Program - Entity Verification and Procedure Bulletin, which is used to ensure your application meets the minimum requirements for Equity Share compliance. Forms Associated with the Temporary Approval Process • • • • • • • • • • Financial Information Form (BCC Form) Indemnification Agreement (LIC-4005-FORM) Labor Peace Agreement (LIC-4006-FORM) Landowner Attestation (LIC-4007-FORM) Ownership and Financial Interest Holder Form (LIC-4008-FORM)* Radius Map Attestation (LIC-4009-FORM)* Statement of Intended Use (LAFD Form) • Security Plan (BCC Form) Temporary Approval Attestation (LIC-4010-FORM) Social Equity Program - Owner Compliance Attestation (LIC-4011-FORM) These documents are required during the Pre-Application Review Process and do not need to be re-submitted during the Temporary Approval Process unless the Applicant wishes to revise or update Applying for Temporary Approval (contd.) Documents Required • Business Formation and Organization Documents • Equity Share Documents** • Business Premises Diagram* • Business Tax Registration Certificate (BTRC) • Certificate of Occupancy • Dated Radius Map* • Executed Lease Agreement or Property Deed • Site Plan* Temporary Approval Workflow Confirmation of Local Authorization by the DCR • If your invoice is paid and the DCR determines your application is complete, they will verify your application with a Confirmation of Local Authorization. Three Outcomes • In compliance • Local Compliance Underway • Not in compliance If the DCR responds with the verification “Local Compliance Underway”, you can begin the state licensing process and prepare for your Initial Inspection. Applying for a license with the State of California Before jumping into the state’s licensing procedures, I have to introduce you to the 3 state cannabis authorities. 1. Bureau of Cannabis Control (BCC) - The Authorities Primary interface for your delivery applications 2. California Department of Food and Agriculture (CDFA) - Administrators for METRC (California’s Seed-to-Sale Tracking Software) 3. California Department of Public Health (CDPH) After Local Authorization Upon receiving your verification of “Local Authorization Under Way” from the DCR, you can apply for your state license through the BCC’s Online Licensing Portal, which also utilizes Accela for your application. It is important that you do not apply for a state license until you receive confirmation from the DCR that your Temporary Approval documents are deemed complete. If you apply too early, the State may check in with the DCR prematurely, resulting in the rejection of your state application. Documents Required • • • • • • • • • • • • • Annual Cannabis Retailer License Application Instructions for Completing the Owner Submittal Owner Submittal Financial Information Form Premises Diagram • Transportation Procedures Form Inventory Procedures Form Non-Laboratory Quality Control Procedures Form Security Procedures Form Delivery Procedures Form Licensee Bond Form CEQA Project-Specific Information Form CEQA Exemption Petition Form Bureau Notification and Request Form Other requirements to consider Surety Bond State Requirement The applicant must hold a $5,000 surety bond payable to the State of California. The surety bond is to cover the destruction of cannabis and cannabis goods if necessitated by a violation of the licensing requirements. For Delivery Operators Only The state requires applicants to file a Delivery Procedures Form, which lines out your Standard Operating Procedures for customer delivery. CA State Licensing Fees • Fees for operators are applied on a sliding scale, depending on your expected gross revenue for the 12-month period of your license. NEXT STEPS Once your application is submitted and all applicable fees are paid, the BCC will process your application. If all checks out and your application is complete, the BCC will issue you your Type-9 Retail Non-Storefront license. Average turnaround time for the BCC to process your application is 30 to 60 days. RECEIVING YOUR LICENSE If all checks out and your application is complete, the BCC will issue you your Type-9 Retail Non-Storefront license. CA STATE LICENSE WORKFLOW FINAL STEPS 1. Submit Your State-Issued License and Indemnification Agreement to the DCR When you receive your state-issued license, you will submit a copy of your license to the DCR and an indemnification agreement between your business and the City of Los Angeles. By submitting your state license to the DCR, you move forward with the City’s Temporary Approval Process. 2. Schedule Your Initial Inspection After submitting all forms required by the DCR, an Initial Inspection is required to push your application through the Temporary Approval Workflow Preparing for Your Initial Inspection (City-Level Action Item) Applicants can schedule their Initial Inspection by emailing dcrlicensing@lacity.org with the subject line “Request for Initial Inspection - [ YOUR APPLICATION NUMBER HERE ]” I recommend that you review your Initial Inspection Checklist (LIC-4001-CKLIST) 3. Activate Your METRC Account (California’s Seed-to-Sale Tracking Software) Register and Complete METRC’s “Account Manager System Training” Email METRC at support@metrc.com requesting for your Login link and credentials for your Account Manager System Training using the same email account you registered with. You will receive credentials in 2-3 business days. You will need your State-Issued License Number to Access the Training Complete METRC training and begin setting up your account Your LAFD Inspection • Upon passing your LAFD Inspection, you’ve essentially completed the Temporary Approval Process. • Upon receiving your Temporary Approval from the DCR you should have both Local and State Level Authorizations to conduct business as a Cannabis Delivery Operator • All you have to do is wait to be notified by the DCR of your Temporary Approval Before You Open Up Shop • Complete Your Cal/OSHA 30-Hour General Industry Training Requirement Required for any cannabis-touching business with more than 2 employees • Fully Set up Your METRC Account Add Your Employees Add Your Inventory Order Your METRC Tags