El Dorado County To Hear Cannabis Ad-Hoc Committee and Chief Administration Office Recommendation For Ballot Measure

Tomorrow, July 17, 2018, the El Dorado County Board of Supervisors will take up an agenda item hearing a recommendation, by the Cannabis Ad-Hoc Committee and the Chief Administration Office, for a November ballot Commercial Cannabis Tax Measure. The agenda item reads as follows:

 Ad Hoc Cannabis Committee, in coordination with the Chief Administrative Office recommending the Board: 1) Approve and authorize the Chair to sign the following Resolutions to place the following ballot measures on the ballot for the November 2018 election which will enable voters to decide whether to allow different aspects of commercial cannabis and its taxation: a) Resolution 140-2018, which will be one ballot measure, create a general commercial cannabis tax, with tax rate ranges that allows for the Board to set the tax rates for different commercial uses (e.g. outdoor cultivation, indoor cultivation, dispensary/retail sales, etc.) and a discretionary permitting process, with public feedback and an extensive enforcement program with a fine schedule for illegal commercial cannabis activity or violations of the County regulations. b) Resolution 141-2018, allow for the outdoor and mixed light (e.g. greenhouse) cultivation of medicinal commercial cannabis with limits on the location of cultivation, amount of operations, and size of operations with rules to protect neighborhood

The agenda item, #35, is set to be heard in the 10:30am time slot. and 10 documents will be reviewed as a part of the Board’s approval process. Those documents can be viewed here.

Location, of the meeting, will be at 330 Fair Lane, Placerville, CA 95667

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El Dorado County – Seven Ad Hoc Cannabis Meetings Announced

Seven Ad Hoc Cannabis Meetings Announced

Seven Ad Hoc Cannabis Meetings Announced

Department:
CAO
Date:
3/5/2018
Contact:
Carla Hass
Phone:
(530) 621-4609

(PLACERVILLE, CA) – The following seven meetings of the El Dorado County ad hoc Cannabis Committee meeting are scheduled between today and May 14th.

WHAT: Ad hoc Cannabis Committee meetings

WHEN: All meetings are from 3:00 pm-5:00 pm

  • Monday, March 5th (Outdoor/Cottage)
  • Monday, March 12th (Indoor/Mixed Light/Cottage)
  • Monday, March 19th (Dispensaries/Deliveries/Distribution)
  • Monday, April 23rd (Microbusiness/Nurseries/Testing)
  • Monday, April 30th (Manufacturing)
  • Monday, May 7th (Tax Rates/Funding)
  • Monday, May 14th (Administering a Program/What does it look like?)

WHERE: All meetings will take place at the County Board of Supervisors Chambers 330 Fair Lane Placerville, CA

WHO: Members of the ad hoc Cannabis Committee, Supervisors Michael Ranalli and Sue Novasel
El Dorado County Staff
Members of the public are invited to attend

UPDATE – Successful Cannabis Business DIY Program

Cannabis Regulations

Workshop Overview

 

  1. Regulations Overview and Local Approval (Approx 3 hours)
  2. Temp. License Application Process – Includes information about all required elements of the temporary license application for the BCC, CDFA and/or CDPH (Approx 3 hours)
  3. Annual License Application 1 – Business Plan & Description, Business Formulation Documents, Fictitious Business Name Process (Approx 3 hours)
  4. Annual License Application 2 – Lists of Funds, Lists of Loans, Lists of Investments, Lists of Gifts, List of every individual with financial interest (approx 3 hours)
  5. Annual License Application 3 – List of every owner, Livescans, Evidence of Legal Right To Occupy, Evidence of Premises Compliance, Labor Peace Agreement (Approx 3 hours)
  6. Annual License Application 4 – Seller’s Permit, Proof of Bond, Standard Operating Procedures (Approx 3 hours)
  7. Annual License Application 5 – Cultivation Plan, Water Board Regs, Prohibited chemicals, heavy metals, etc. (Approx 3 hours)
  8. Annual License Application 6 – Track & Trace, Supply Chain, (Approx 3 hours)
  9. Maintaining Your License – Liability Issues, Potential hurdles, What to watch out for, Maintaining your License. (Approx 3 hours)
  10. Having a successful business – Your website, marketing your business, setting yourself apart in the industry, Branding, Trademarking (Approx 3 hours)

 

*** Between Workshops 2 & 3 there will be a week off to complete your TEMPORARY STATE APPLICATION and sit down with us to review before submitting

OR

Bank that 2-hour appointment for when you are ready to do so

AFTER WORKSHOP 10 THERE WILL BE ANOTHER OPPORTUNITY TO HAVE A 2-HOUR APPOINTMENT TO REVIEW YOUR ANNUAL APPLICATION 

OR

BANK THAT APPOINTMENT AS WELL

*** Program subject to change based on changes made by the State regulatory agencies

For more information go to Successful Cannabis Business DIY Program

What Is Really Required To File Your State Cannabis Application

My goal, today, is to dispel some of the fears and myths, around the State cannabis application process, and inform about the process of filing your application for a California State Cannabis Permit. Remember, this post does not pertain, specifically, to the local application as those can, and will, be different for the nearly 500 municipalities across California.

 

Temporary Application Requirements (Only Valid For 120 Days)

Temporary license application (can be filed by hard copy or via www.bcc.ca.gov)

The legal business name of the applicant

The email address of the applicant’s business and the telephone number for the premises

The business’ federal employer identification number

A description of the business organizational structure of the applicant (partnership or corporation)

The temporary license type that is being requested

The license designation requested, A-license or M-license, (all license types other than laboratories)

The contact information for the applicant’s designated primary contact person

owner’s name, title, percentage of ownership, mailing address, telephone number, & email address

The physical address of the premises to be licensed

Evidence that the applicant has the legal right to occupy and use the proposed location (section 5007)

A premises diagram

A copy of a valid license, permit, or other authorization issued by a local jurisdiction

Attestation to the following statement: Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I

understand that a misrepresentation of fact is cause for rejection of this application, denial of the license, or revocation of a license issued.

 

Cultivation Applications – Department Of Food And Agriculture

Temporary license applications shall be completed and submitted online at calcannabis.cdfa.ca.gov or mailed to the department at P.O. Box 942871, Sacramento, CA 94271.

The license type, pursuant to section 8201

If the applicant has already submitted an application for annual licensure, the application number

The legal business name of the applicant entity

The full legal name, mailing address, phone number, email address, and affiliation of the designated responsible party who shall:

(A) Be an owner with legal authority to bind the applicant entity;

(B) Serve as agent for service of process; and

(C) Serve as primary contact for the application

The physical address of the premises

A copy of a valid license, permit, or other authorization, issued by a local jurisdiction, that enables the applicant entity to conduct commercial cannabis activity at the location requested for the temporary license. For the purposes of this section, “other authorizations” shall include, at a minimum, a written statement or reference that clearly indicates the local jurisdiction intended to grant permission to the applicant entity to conduct commercial cannabis activity at the premises.

 

Annual Application Requirements (Must Be Filed 120 Days After Temp. Application)

Temporary license application (can be filed by hard copy or via www.bcc.ca.gov)

The legal business name of the applicant

The email address of the applicant’s business and the telephone number for the premises

The business’ federal employer identification number

A description of the business organizational structure of the applicant (partnership or corporation)

The temporary license type that is being requested

The license designation requested, A-license or M-license, (all license types other than laboratories)

The contact information for the applicant’s designated primary contact person

owner’s name, title, percentage of ownership, mailing address, telephone number, & email address

The physical address of the premises to be licensed

The mailing address for the applicant, if different from the premises address

The telephone number for the premises

The website address of the applicant’s business

Evidence that the applicant has the legal right to occupy and use the proposed location (section 5007)

A premises diagram

A copy of a valid license, permit, or other authorization issued by a local jurisdiction

Payment of an application fee (section 5014)

Whether the owner is serving or has previously served in the military. (Disclosure is voluntary)

A list of the license types and the license numbers issued from the Bureau and all other state cannabis licensing authorities that the applicant holds, including the date the license was issued and the licensing authority that issued the license.

Whether the applicant has been denied a license or has had a license suspended or revoked by the Bureau or any other state cannabis licensing authority. The applicant shall provide the type of license applied for, the name of the licensing authority that denied the application, and the date of denial.

The business-formation documents, which may include, but are not limited to, articles of incorporation, operating agreements, partnership agreements, and fictitious business name statements. The applicant shall also provide all documents filed with the California Secretary of State, which may include, but are not limited to, articles of incorporation, certificates of stock, articles of organization, certificates of limited partnership, and statements of partnership authority.

A list of every fictitious business name the applicant is operating under including the address where the business is located.

A list of funds belonging to the applicant held in savings, checking, or other accounts maintained by a financial institution. The applicant shall provide for each account, the financial

institution’s name, the financial institution’s address, account type, account number, and the

amount of money in the account.

A list of loans made to the applicant. For each loan, the applicant shall provide the amount of the loan, the date of the loan, term(s) of the loan, security provided for the loan, and the name, address, and phone number of the lender.

A list of investments made into the applicant’s commercial cannabis business. For each investment, the applicant shall provide the amount of the investment, the date of the investment, term(s) of the investment, and the name, address, and phone number of the investor.

A list of all gifts of any kind given to the applicant for its use in conducting commercial cannabis activity. For each gift, the applicant shall provide the value of the gift or description of the gift, and the name, address, and phone number of the provider of the gift.

A complete list of every individual that has a financial interest in the commercial cannabis business as defined in 5004 of this division, who is not an owner pursuant to Business and Professions Code section 26001(al).

A complete list of every owner of the applicant as defined in Business and Professions Code section 26001(al). Each individual named on this list shall submit the following information:

(A)

The full name of the owner.

(B)

The owner’s title within the applicant entity.

(C)

The owner’s date of birth and place of birth.

(D)

The owner’s social security number or individual taxpayer identification number.

(E)

The owner’s mailing address.

(F)

The owner’s telephone number. This may include a number for the owner’s home, business,

or mobile telephone.

(G)

The owner’s email address.

(H)

The owner’s current employer.

(I)

The percentage of the ownership interest held in the applicant entity by the owner.

(J)

Whether the owner has an ownership or a financial interest as defined in 5003 and 5004 of this division in any other commercial cannabis business licensed under the Act.

(K)

A copy of the owner’s government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the person, such as a driver license.

(L)

A detailed description of the owner’s convictions. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must

be disclosed. Convictions dismissed under Health and Safety Code section 11361.8 or equivalent non-California law must be disclosed. Juvenile adjudications and traffic infractions under $300 that did not involve alcohol, dangerous drugs, or controlled substances do not need to be included. For each conviction, the owner shall provide the following:

(i)

The date of conviction.

(ii)

Dates of incarceration if applicable.

(iii) Dates of probation if applicable.

(iv)

Dates of parole if applicable.

(v)

A detailed description of the offense for which the owner was convicted.

(vi)

A statement of rehabilitation for each conviction. The statement of rehabilitation is to be written by the owner and may contain evidence that the owner would like the Bureau to consider that demonstrates the owner’s fitness for licensure. Supporting evidence may be attached to the statement of rehabilitation and may include, but is not limited to, a certificate of rehabilitation under Penal Code section 4852.01, dated letters of reference from employers, instructors, or professional counselors that contain valid contact information for the individual providing the reference.

(M)

If applicable, a detailed description of any suspension of a commercial cannabis license, revocation of a commercial cannabis license, or sanctions for unlicensed commercial cannabis activity by a licensing authority or local agency against the applicant or a business entity in which the applicant was an owner or officer within the three years immediately preceding the date of the application.

(N)

Attestation to the following statement: Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the license, or revocation of a license issued.

Evidence that the applicant has the legal right to occupy and use the proposed location that complies with section 5007 of this division.

Evidence that the proposed premises is in compliance with Business and Professions Code section 26054(b).

For an applicant with 20 or more employees, the applicant shall attest that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement, and the applicant shall provide a copy of the agreement to the Bureau. For applicants who have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating the applicant will enter into and abide by the terms of a labor peace agreement.

The applicant shall provide a valid seller’s permit number issued by the California Department of Tax and Fee Administration, if applicable. If the applicant has not yet received a

seller’s permit, the applicant shall attest that the applicant is currently applying for a seller’s

permit.

Proof of a bond (section 5008)

(For testing laboratory applications), the certificate(s) of accreditation as required by section 5702 of this division, or the information required for a provisional license as required by section 5703 of this division.

All licensee applications shall include a detailed description of the applicant’s operating procedures including the following (if applicable):

(A)

The Transportation Procedures

(i)

A description of the applicant’s procedure for transportation of cannabis goods, including whether or not the applicant will be transporting cannabis goods or contracting for transportation services.

(B)

Inventory Procedures

(i)

A description of the applicant’s procedure for receiving shipments of inventory.

(ii)

Where the applicant’s inventory will be stored on the premises and how records of the inventory will be maintained.

(iii) The applicant’s procedure for performing inventory reconciliation and for ensuring that inventory records are accurate.

(C)

Non-Laboratory Quality Control Procedures

(i)

The applicant’s procedures for preventing the deterioration of cannabis goods held by the applicant.

(ii)

The applicant’s procedures for ensuring that cannabis goods are properly packaged and labeled prior to retail sale.

(iii) The applicant’s procedures for ensuring that a licensed testing laboratory samples and analyzes cannabis goods held by the applicant.

(D)

Security Procedures

(i)

The applicant’s procedure for allowing individuals access to the premises.

(ii)

A description of the applicant’s video surveillance system including camera placement and procedures for the maintenance of video surveillance equipment.

Bureau of Cannabis Control Emergency Regulation Text Page 8 of 115

(iii) How the applicant will ensure that all access points to the premises will be secured, including the use of security personnel.

(iv)

A description of the applicant’s security alarm system.

Evidence of exemption from, or compliance with, the California Environmental Quality Act as required by section 5010.

 

Cultivation Applications – Department Of Food And Agriculture

Nonrefundable application fees for the specified annual license type

(a) Specialty Cottage Outdoor $135

(b) Specialty Cottage Indoor $205

(c) Specialty Cottage Mixed-Light Tier 1 $340

(d) Specialty Cottage Mixed-Light Tier 2 $580

(e) Specialty Outdoor $270

(f) Specialty Indoor $2,170

(g) Specialty Mixed-Light Tier 1 $655

(h) Specialty Mixed-Light Tier 2 $1,125

(i) Small Outdoor $535

(j) Small Indoor $3,935

(k) Small Mixed-Light Tier 1 $1,310

(l) Small Mixed-Light Tier 2 $2,250

(m) Medium Outdoor $1,555

(n) Medium Indoor $8,655

(o) Medium Mixed-Light Tier 1 $2,885

(p) Medium Mixed-Light Tier 2 $4,945

(q) Nursery $520

(r) Processor $1,040

§ 8104. Legal Right to Occupy.

(a) If the applicant is the owner of the property on which the premises is located, the applicant shall provide to the department a copy of the title or deed to the property.

(b) If the applicant is not the owner of the property upon which the premises is located, the applicant shall provide the following to the department:

(1) A document from the property owner or property owner’s agent where the commercial cannabis activity will occur that states the applicant has the right to occupy the property and acknowledges that the applicant may use the property for commercial cannabis cultivation;

(2) The property owner’s mailing address and phone number; and

(3) A copy of the lease or rental agreement, or other contractual documentation.

§ 8105. Property Diagram.

A property diagram shall be submitted with each application and shall contain the following:

(a) Boundaries of the property and the proposed premises wherein the license privileges will be exercised with sufficient detail to enable ready determination of the bounds of the premises showing all perimeter dimensions, entrances, and exits to both the property and premises;

(b) If the proposed premises consists of only a portion of a property, the diagram shall be labeled indicating which part of the property is the proposed premises and what the remaining property is used for.

(c) All roads and water crossings on the property;

(d) If the applicant is proposing to use a diversion from a waterbody, groundwater well, or rain catchment system as a water source for cultivation, include the following locations on the property diagram with locations also provided as coordinates in either latitude and longitude or the California Coordinate System:

(1) Sources of water used, including the location of waterbody diversion(s), pump location(s), and distribution system; and

(2) Location, type, and capacity of each storage unit to be used for cultivation.

(e) The assessor’s parcel number(s);

(f) The diagram shall be to scale; and

(g) The diagram shall not contain any highlighting.

§ 8106. Cultivation Plan Requirements.

(a) The cultivation plan for Specialty Cottage, Specialty, Small and Medium licenses shall include all of the following:

(1) A detailed premises diagram showing all boundaries and dimensions in feet of the following proposed areas to scale:

(A) Canopy area(s) (which shall contain mature plants, at any point in time) including aggregate square footage;

(B) Area(s) outside of the canopy where only immature plants shall be maintained, if applicable;

(C) Designated pesticide and other agricultural chemical storage area(s); (D) Designated processing area(s) if the licensee will process on site;

(E) Designated packaging area(s) if the licensee will package products on site;

(F) Designated composting area(s) if the licensee will compost cannabis waste on site;

(G) Designated secured area(s) for cannabis waste if different than subsection (F) above;

(H) Designated area(s) for harvested cannabis storage; and

(2) For indoor and mixed-light license type applications, a lighting diagram with the following information shall be included:

(A) Location of all lights in the canopy area(s); and

(B) Maximum wattage, or wattage equivalent, of each light.

(3) A pest management plan which shall include, but not be limited to, the following:

(A) Product name and active ingredient(s) of all pesticides to be applied to cannabis during any stage of plant growth; and

(B) Integrated pest management protocols including chemical, biological and cultural methods the applicant anticipates using to control or prevent the introduction of pests on the cultivation site.

(4) A cannabis waste management plan meeting the requirements of section 8108 of this Chapter. (b) The cultivation plan for nursery licenses shall include the following information: (1) A detailed premises diagram showing all boundaries and dimensions, in feet, of the following proposed areas:

(A) Area(s) which shall contain only immature plants;

(B) Designated research and development area(s) which may contain mature plants;

(C) Designated seed production area(s) which may contain mature plants; (D) Designated pesticide and other agricultural chemical storage area(s);

(E) Designated composting area(s) if the licensee will compost cannabis waste on site; and

(F) Designated secured area(s) for cannabis waste if different than subsection (E) above.

(2) A pest management plan which shall include, but not be limited to, the following:

(A) Product name and active ingredient(s) of all pesticides to be applied to cannabis during any stage of plant growth; and

(B) Integrated pest management protocols including chemical, biological and cultural methods the applicant anticipates using to control or prevent the introduction of pests on the cultivation site.

(3) A cannabis waste management plan pursuant to section 8108 of this Chapter.

(c) The cultivation plan for processor licenses shall include a detailed premises diagram showing all boundaries and dimensions, in feet, of the following proposed areas:

(1) Designated processing area(s);

(2) Designated packaging area(s), if the licensee will package and label products on site;

(3) Designated composting area(s) if the licensee will compost cannabis waste on site;

(4) Designated secured area(s) for cannabis waste if different than subsection (3) above; and;

(5) Designated area(s) for harvested cannabis storage;

(6) A cannabis waste management plan pursuant to section 8108 of this Chapter.

§ 8107. Supplemental Water Source Information.

The following information shall be provided for each water source identified by the applicant:

(a) Retail water supply sources:

(1) If the water source is a retail supplier, such as a municipal provider, as defined in Section 13575 of Water Code, identify the retail water supplier.

(2) If the water source is a small retail supplier, such as a delivery service, and is subject to subdivisions (a)(1)(B) of Section 26060.1 of Business and Professions Code:

(A) And if the contract is for delivery or pickup of water from a surface water body or an underground stream flowing in a known and definite channel, provide all of the following:

(i) The name of the contract water supplier;

(ii) The geographic location coordinates in either latitude and longitude or the California Coordinate System of any point of diversion used by the contract water supplier to divert water delivered to the applicant under the contract;

(iii) The authorized place of use for any water right used by the contract water supplier to divert water delivered to the applicant under the contract; and

(iv) The maximum amount of water delivered to the applicant for cannabis cultivation in any year.

(B) And if the contract is for delivery or pickup of water from a groundwater well, provide all of the following:

(i) The name of the contract water supplier;

(ii) The geographic location coordinates for any groundwater well used to supply water delivered to the applicant, in either latitude and longitude or the California Coordinate System;

(iii) The maximum amount of water delivered to the applicant for cannabis cultivation in any year; and

(iv) A copy of the well log filed with the Department of Water Resources pursuant to Section 13751 of Water Code for each percolating groundwater well used to divert water delivered to the applicant. If no well log is available, the applicant shall provide evidence from the Department of Water Resources indicating that the Department does not have a record of the well log. When no well log is available, the State Water Resources Control Board may request additional information about the well. (b) If the water source is a groundwater well:

(1) The groundwater wells geographic location coordinates in either latitude and longitude or the California Coordinate System; and

(2) A copy of the well log filed with the Department of Water Resources pursuant to Section 13751 of Water Code. If no well log is available, the applicant shall provide evidence from the Department of Water Resources indicating that the Department of Water Resources does not have a record of the well log. If no well log is available, the State Water Resources Control Board may request additional information about the well.

(c) If the water source is a rainwater catchment system:

(1) The total square footage of the catchment footprint area(s);

(2) The total storage capacity, in gallons, of the catchment system(s); and

(3) A detailed description of the type, nature, and location of each catchment surface. Examples of catchment surfaces include a rooftop and greenhouse.

(d) If the water source is a diversion from a waterbody, provide any applicable statement, application, permit, license, or small irrigation use registration identification number(s); and either

(1) A copy of any applicable registrations, permits, or licenses or proof of a pending application, issued under Part 2 (commencing with Section 1200) of Division 2 of the California Water Code as evidence of approval of a water diversion by the State Water Resources Control Board;

(2) A copy of any statements of diversion and use filed with the State Water Resources Control Board before October 31, 2017 detailing the water diversion and use; or

(3) A copy of documentation submitted to the State Water Resources Control Board before October 31, 2017 demonstrating that the diversion is authorized under a riparian right and that no diversion occurred in any calendar year between January 1, 2010 and January 1, 2017.

(4) If the applicant has claimed an exception from the requirement to file a statement of diversion and use, the applicant shall provide a copy of the documentation submitted to the State Water Resources Control Board before January 1, 2019 demonstrating that the diversion is subject to subdivision (a), (c), (d), or (e) of Section 5101 of Water Code. Authority: Sections 26012 and 26013, Business and Professions Code. Reference: Section 26060.1, Business and Professions Code; and Section 13149, Water Code.

§ 8109. Applicant Track and Trace Training Requirement.

(a) Each applicant is responsible for registering for state-mandated training, as prescribed by the department, within ten (10) business days of receiving notice from the department that their application for licensure has been received and is complete.

(b) Documentation of training completion shall be provided to the department within ten (10) business days of completion. Applicants approved for an annual license shall not have access to the track-and-trace system until the licensee’s designated account manager has completed, and provided proof of completion, of the track-and-trace training prescribed by the department. Authority: Sections 26012 and 26013, Business and Professions Code. Reference: Section 26067, Business and Professions Code.

§ 8110. Proof of Local License, Permit, or Other Authorization.

When the applicant provides a license, permit, or other authorization from the local jurisdiction where the licensed premises will be or is located, the department will notify the contact person identified pursuant to Section 26055 of Business and Professions Code. If the local jurisdiction does not respond to the department’s notification within ten (10) calendar days, the department may issue a license to the applicant. Authority: Sections 26012 and 26013, Business and Professions Code. Reference: Section 26050.1 and 26055, Business and Professions Code.

California Cannabis Industry

Your California State Cannabis Permit – Premises Diagram

cropped-daleschaferlaw_logo_2017_clronwhite.jpg

Did you know that you will be required to submit a Premises Diagram with your application for your State of California Cannabis Permit? Here are the requirements of the Premises Diagram portion of your application and I have highlighted some of the important requirements to keep in mind:

 

  • 5006. Premises Diagram

(a)

An applicant shall submit to the Bureau, with the application, a complete and detailed diagram of the proposed premises.

(b)

The diagram shall show the boundaries of the property and the proposed premises to be licensed, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, doorways, and common or shared entryways, and shall include a brief statement or description of the principal activity to be conducted therein.

(c)

The diagram shall show and identify commercial cannabis activities that will take place in each area of the premises, and identify limited-access areas.

(d)

The diagram shall show where all cameras are located and assign a number to each camera for identification purposes.

(e)

The diagram shall be to scale.

(f)

The diagram shall not contain any highlighting and the markings on the diagram shall be in black and white print.

(g)

If the proposed premises consists of only a portion of a property, the diagram must be labeled indicating which part of the property is the proposed premises and what the remaining property is used for.

(h)

If the proposed premises will be a microbusiness, in addition to the requirements of subsections (b) through (g), the diagram must also include measurements of the planned canopy, including aggregate square footage and individual square footage of separate cultivation areas, if any.

 

Authority: Section 26013, Business and Professions Code. Reference: Section 26051.5, Business and Professions Code.

 

If you have questions about this or any other part of the application process feel free to contact us at daleschaferlaw@gmail.com

 

Introduction Of The New Dale Schafer Law

Many of you know me….

In 1999 myself, and my former wife Dr. Marion “Mollie” Fry started the California Medical Research Center, in Cool California, to help patients across the state to obtain a medical cannabis recommendation under California’s Prop 215.

In 2001, after acquiring over 5,000 patients, testifying on behalf of legal patients across the State and throwing my hat in the ring for El Dorado County District Attorney, our home and office were raided by the DEA.

I have provided some references for you:
https://www.counterpunch.org/2011/05/06/why-did-the-feds-target-mollie-fry-md-and-dale-schafer/
http://www.sacbee.com/news/state/california/california-weed/article2573276.html
In 2005, after years of sifting through the seized evidence (from our home and office) and rulings on several important cases, such as US vs.The Oakland Cannabis Buyers Coop and Gonzalez vs. Raich, Mollie and I were arrested by the Federal Government.

In 2008, after a long trial and unfortunate conviction, Mollie and I were given a 5-year minimum mandatory sentence in federal prison.

In 2011 we entered the federal prison system in order to serve our mandated prison sentence


Dr. “Mollie” Fry & Dale Schafer – NORML, 2002

Since My Release

Since my release, from federal prison, I have been spending my time speaking, on behalf of Prisoners Of The Drug War (POW’s), getting reacquainted with friends and family, awaiting my release from federal probation, and learning the complex MAUCRSA Regulations so that I could re-open my law practice and begin assisting cannabis business owners in obtaining their state and local permits as soon as I was released from federal probation.
Read More

Free At Last…..

On November 29, 2017 I, through my attorney Omar Figeroa, was notified that I had been released from federal probation and was free to re-open my law practice immediately.

Over the weekend of December 9th – 10th I attended the 2017 Emerald Cup to celebrate with my friends and hand out business cards to those who may be seeking a local and state cannabis permit to operate after January 1, 2018.

Services I Am Offering

California Cannabis Business Law

Let me help you to obtain all of the insight and necessary parts of a local and state California cannabis permit.

California Cannabis Compliance

Once you have obtained your local and state permit, let me help you to do regular compliance checks to ensure that you have no issues with maintaining your local and state permits.

Compliance Education

Let me educate you, and your staff, about what is necessary to obtain and maintain your local and state cannabis permits.

Keynote & Panel Speaker

If you are looking for someone you add to your event I would be happy to help.

To Contact Me

Visit my website www.daleschaferlaw.com

Reach out by email at daleschaferlaw@gmail.com

By phone at 916-740-2141

How to Write a Standard Operating Procedure

Print

THE NEW CALIFORNIA CANNABIS REGULATIONS REQUIRE STANDARD OPERATING PROCEDURES FOR ALL PHASES OF A LICENSED CANNABIS BUSINESS. 

I HOPE THIS WILL PROVIDE A STARTING POINT TO HELP WRITE SOP’S FOR YOUR CANNABIS APPLICATION AND BUSINESS. 

 


How to Write a Standard Operating

Procedure

 

A Standard Operating Procedure (SOP) is a document consisting of step-by-step information on how to execute a task. An existing SOP may need to just be modified and updated, or you may be in a scenario where you have to write one from scratch. It sounds daunting, but it’s really just a checklist. See Step 1 to get the ball rolling.

 

Formatting Your SOP

  1. Choose your format. There is no right or wrong way to write an SOP. However, your company probably has a number of SOPs you can refer to for formatting guidelines, outlining how they prefer it done. If that’s the case, use the pre-existing SOPs as a template. If not, you have a few options:
    • A simple steps format. This is for routine procedures that are short, have few possible outcomes, and are fairly to the point. Apart from the necessary documentation and safety guidelines, it’s really just a bullet list of simple sentences telling the reader what to do.
    • A hierarchical steps format. This is usually for long procedures — ones with more than ten steps, involving a few decisions to make, clarification and terminology. This is usually a list of main steps all with substeps in a very particular order.
    • A flowchart format. If the procedure is more like a map with an almost infinite number of possible outcomes, a flowchart may be your best bet. This is the format you should opt for when results aren’t always predictable.
  2. Consider your audience. There are three main factors to take into account before writing your SOP:
    • Your audience’s prior knowledge. Are they familiar with your organization and its procedures? Do they know the terminology? Your language needs to match the knowledge and investment of the reader.
    • Your audience’s language abilities. Is there any chance people who don’t speak your language will be “reading” your SOP? If this is an issue, it’s a good idea to include lots of annotated pictures and diagrams.
    • The size of your audience. If multiple people at once are reading your SOP (those in different roles), you should format the document more like a conversation in a play: user 1 completes an action, followed by user 2, and so on and so forth. That way, each reader can see how he or she is an integral cog in the well-oiled machine.
  3. Consider your knowledge. What it boils down to is this: Are you the best person to be writing this? Do you know what the process entails? How it could go wrong? How to make it safe? If not, you may be better off handing it over to someone else. A poorly-written — or, what’s more, inaccurate — SOP will not only reduce productivity and lead to organizational failures, but it can also be unsafe and have adverse impacts on anything from your team to the environment. In short, it’s not a risk you should take.
    • If this is a project you’ve been assigned that you feel compelled (or obligated) to complete, don’t shy away from asking those who complete the procedure on a daily basis for help. Conducting interviews is a normal part of any SOP-creating process.
  4. Decide between a short or long-form SOP. If you’re writing or updating an SOP for a group of individuals that are familiar with protocol, terminology, etc., and just would benefit from a short and snappy SOP that’s more like a checklist, you could just write it in short-form.
    • Apart from basic purpose and relevant information (date, author, ID#, etc.), it’s really just a short list of steps. When no details or clarification are needed, this is the way to go.
  5. Keep your SOP purpose in mind. What’s obvious is that you have a procedure within your organization that keeps on getting repeated over and over and over. But is there a specific reason why this SOP is particularly useful? Does it need to stress safety? Compliance measures? Is it used for training or on a day-to-day basis? Here are a few reasons why your SOP is necessary to the success of your team:
    • To ensure compliance standards are met
    • To maximize production requirements
    • To ensure the procedure has no adverse impact on environment
    • To ensure safety
    • To ensure everything goes according to schedule
    • To prevent failures in manufacturing
    • To be used as training document
      • If you know what your SOP should emphasize, it’ll be easier to structure your writing around those points. It’s also easier to see just how important your SOP is.

Part2

Writing Your SOP

  1. Cover the necessary material. In general, technical SOPs will consist of four elements apart from the procedure itself:
    • Title page. This includes 1) the title of the procedure, 2) an SOP identification number, 3) date of issue or revision, 4) the name of the agency/division/branch the SOP applies to, and 5) the signatures of those who prepared and approved of the SOP. This can be formatted however you like, as long as the information is clear.
    • Table of Contents. This is only necessary if your SOP is quite long, allowing for ease of reference. A simple standard outline is what you’d find here.
    • Quality Assurance/Quality Control. A procedure is not a good procedure if it cannot be checked. Have the necessary materials and details provided so the reader can make sure they’ve obtained the desired results. This may or may not include other documents, like performance evaluation samples.
    • Reference. Be sure to list all cited or significant references. If you reference other SOPs, be sure to attach the necessary information in the appendix.
      • Your organization may have different protocol than this. If there are already preexisting SOPs you can refer to, abandon this structure and adhere to what’s already in place.
  2. For the procedure itself, make sure you cover the following:
    • Scope and applicability. In other words, describe the purpose of the process, its limits, and how it’s used. Include standards, regulatory requirements, roles and responsibilities, and inputs and outputs.
    • Methodology and procedures. The meat of the issue — list all the steps with necessary details, including what equipment needed. Cover sequential procedures and decision factors. Address the “what ifs” and the possible interferences or safety considerations.
    • Clarification of terminology. Identify acronyms, abbreviations, and all phrases that aren’t in common parlance.
    • Health and safety warnings. To be listed in its own section and alongside the steps where it is an issue. Do not gloss over this section.
    • Equipment and supplies. Complete list of what is needed and when, where to find equipment, standards of equipment, etc.
    • Cautions and interferences. Basically, a troubleshooting section. Cover what could go wrong, what to look out for, and what may interfere with the final, ideal product.
      • Give each of these topics their own section (usually denoted by numbers or letters) to keep your SOP from being wordy and confusing and to allow for easy reference.
      • This is by no means an exhaustive list; this is just the tip of the procedural iceberg. Your organization may specify other aspects that require attention.
  3. Make your writing concise and easy to read. Odds are your audience isn’t choosing to read this for fun. You want to keep it short and clear — otherwise their attention will stray or they’ll find the document formidable and hard to grasp. In general, keep your sentences as short as possible.
    • Here’s a bad example: Make sure that you clean out all of the dust from the air shafts before you begin using them.
    • Here’s a good example: Vacuum all dust from air shafts before use.
    • In general, don’t use “you.” It should be implied. Speak in the active voice and start your sentences with command verbs.
  4. If necessary, interview the personnel involved in the process on how they execute the task. The last thing you want to do is write an SOP that is just plain inaccurate. You’re compromising the safety of your team, their efficacy, their time, and you’re taking an established process and not paying it any mind — something your teammates may find a little offensive. If you need to, ask questions! You want to get this right.
    • Of course, if you don’t know, ask multiple sources, covering all roles and responsibilities. One team member may not follow standard operating procedure or another may only be involved in a portion of the deed.
  5. Break up large chunks of text with diagrams and flowcharts. If you have a step or two that are particularly intimidating, make it easy on your readers with some sort of chart or diagram. It makes it easier to read and gives the mind a brief hiatus from trying to make sense of it all. And it’ll be appear more complete and well-written for you.
    • Don’t include these just to bulk up your SOP; only do this if necessary or if trying to bridge a language gap.
  6. Make sure each page has control document notation. Your SOP is probably one of many SOPS — because of this, hopefully your organization has some type of larger database cataloguing everything within a certain reference system. Your SOP is part of this reference system, and therefore needs some type of code in order to be found. That’s where the notation comes in.
    • Each page should have a short title or ID #, a revision number, date, and “page # of #” in the upper right hand corner (for most formats). You may or may not need a footnote (or have these in the footnote), depending on your organization’s preferences.

Part3

Ensuring Success and Accuracy

  1. Test the procedure. If you don’t want to test your procedure, you probably haven’t written it well enough. Have someone with a limited knowledge of the process (or a person representative of the normal reader) use your SOP to guide them. What issues did they run across? If any, address them and make the necessary improvements.
    • It’s best to have a handful of people test your SOP. Different individuals will have different issues, allowing for a wide variety of (hopefully useful) responses
    • Be sure to test the procedure on someone who’s never done it before. Anyone with prior knowledge will be relying on their knowledge to get them through and not your work, thus defeating the purpose.
  2. Have the SOP reviewed by those who actually do the procedure. At the end of the day, it doesn’t really matter what your bosses think of the SOP. It’s those who actually do the work that it matters to. So before you submit your work to the higher ups, show your stuff to those that’ll be doing (or that do) the job. What do they think?
    • Allowing them to get involved and feel like they’re part of the process will make them more likely to accept this SOP you’re working on. And they’ll inevitably have some great ideas!
  3. Have the SOP reviewed by your advisors and the Quality Assurance team. Once the team gives you the go ahead, send it to your advisors. They’ll probably have less input on the actual content itself, but they’ll let you know if it meets formatting requirements, if there’s anything you missed, and the protocol for making it all official and input into the system.
    • Route the SOP for approvals using document management systems to ensure audit trails of the approvals. This will vary from organization to organization. Basically, you want everything to meet guidelines and regulations.
    • Signatures will be necessary and most organizations nowadays have no problem accepting electronic signatures.
  4. Once approved, start implementing your SOP. This may involve executing a formal training for the affect personnel (e.g. classroom training, computer-based training, etc.) or it may mean your paper is hung up in the bathroom. Whatever it is, get your work out there! You worked for it. Time for recognition!
    • Be sure your SOP remains current. If it ever gets outdated, update it, get the updates re-approved and documented, and redistribute the SOP as necessary. Your team’s safety, productivity, and success matter on it.

This information is courtesy of Wikihow.com

Status Update

I know that it has been awhile, since my last post, and for that I am sorry. However, I have been doing many things to further my understanding, of the California Medical Cannabis and new Adult-Use Cannabis Regulations, as well as establish relationships with local and state agencies.

 

loriajax
Photo courtesy of ICBC

 

I was at the International Cannabis Business Conference, in San Francisco, on Friday and had the luxury of listening to Lori Ajax (California’s Cannabis Czar) speak about the upcoming cannabis permitting process.

We now know that:
1. The State of California is set to begin taking applications, as planned, on 1/1/2018.
2. Now is the time to begin establishing relationships, with your local officials, since it will be impossible to obtain a state permit without local permission.
3. The State has no idea of how the federal government will proceed but they have set themselves up under Obama’s language, which is the best they can do for now.
We have been working to establish relationships with the following local Boards:
Sacramento City, Yolo County, Calaveras County, The City of Coalinga, El Dorado County, Nevada County, and Placer County.
6-things-we-know-about-ca-cannabis-permits
IF YOU, OR ANYONE YOU KNOW, IS THINKING ABOUT ENTERING THE CANNABIS INDUSTRY (IN ONE OF THESE AREAS) AND WOULD LIKE TO BEGIN ESTABLISHING A RELATIONSHIP WITH ANY OF THE ABOVE AGENCIES FEEL FREE TO CONTACT US AT
916-740-2141

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