Challenges Facing the Process of Medical Marijuana Licensing
In states where medical marijuana laws have been passed, people with debilitating problems and various illnesses are exempted from criminal prosecution. An ever-growing number of states (including DC) have passed legislation either legalizing or decriminalizing the use of marijuana for health-related purposes. Some states, Colorado, for example, have also legalized the recreational use of marijuana.
Keep in mind that federal laws do not exempt anyone from marijuana-related prosecution. Nevertheless, that is expected to change in the near future. At the moment, the marijuana business is prospering. There are lots of opportunities in the growing and distribution of medical and recreational marijuana in regions that have passed laws to legalize its use. While any operation in the cannabis industry is a money-making one, there are certain industry-specific hurdles that hinder the attempts of persons looking to venture into the business.
Starting a Medical Marijuana Business
Just like any other type of business in the country, you can’t open a marijuana operation without a license. One of the greatest problems when it comes to setting up a marijuana operation in the United States is getting the required licenses. Here are some of the most common challenges facing the process of medical marijuana licensing in the country.
Restrictive State Laws
More than half of US states (and District of Columbia) have legalized or decriminalized the use of medical, and sometimes recreational, marijuana in their individual jurisdictions. But when it comes to issues such as the regulation of dispensaries as well as the range and execution, medical marijuana legislation fluctuates widely from state to state. Some states are more restrictive than others. For instance, in some jurisdictions, only patients with incurable illnesses are allowed to use marijuana for medical reasons.
Licenses for cultivating marijuana or distributing it via a medical marijuana dispensary are harder to obtain in states with more limiting laws. Some states choose to issue a small number of licenses to select medical marijuana outlets. Others open government-run dispensaries to monitor the distribution of medical marijuana. In states where distribution and cultivation laws are particularly restrictive, obtaining a license for either operation is nearly unachievable.
Licenses Are Not Always Available
In some states, getting a medical marijuana license is as uncomplicated as finishing the application form, and if you meet the requirements, you are guaranteed to get the license. Others don’t have it easy; there are a lot of conditions to be met after which you are not even ensured to get the license. You can apply for a medical marijuana license in some locations only to be told that they have sold out. This is because some local governments have a modest number of licenses to issue.
There isn’t much that you can do about such a situation, but if you are devoted, you can move your operation to a state with less restrictive marijuana laws. You can always consult a business law attorney in the state where you are looking to base your enterprises for advice. Counselors have a better knowledge of available laws and will help you stay away from trouble with the state government.
Missed Deadlines and Other Significant Dates
Different communities, even in the same state, have a wide range of ways of managing medical marijuana certification challenges. The availability of these licenses also differs from one town to the next, and you will need to have assistance becoming familiar with how the laws operate in certain areas. Some places have deadlines and other essential times when it comes to the application and issuance of licenses which if missed out, could mean that you have to wait for the subsequent application period.
You could wait for more than a year before you can apply for your license again if you miss out on a deadline. The process of procuring a license for your medical marijuana dispensary can be extensive and time-consuming, but it’s well worth the wait. The greatest way to approach the process is to get support from a legal representative. They have a much better understanding of the workings of state laws and licensing process.
Did you know that, depending on your location, you might have to part with a considerable amount to get your medical marijuana license? This is one aspect of starting a marijuana business in the United States that you should not ignore. In some states, Colorado, for instance, medical marijuana dispensary license fees can go up to $15,000.
Marijuana businesses are also taxed intensely. These are some of the concealed costs of running such an operation. Hire a business law attorney to help you comprehend the state licensing laws to stay clear of the disappointment that many people face when trying to obtain a license.