What Authorized Marijuana Licensees’ in California Should Know

Major proposed key changes for Assembly Bill 729, marijuana licensee in California should know about! Accordingly, the bill allows its licensee or employees to “refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize any personal identification presented by a person that shows the person to be under 21 years of age or that is false, as specified.

Can I Sell Marijuana Products in Vending Machines?

No. Assembly Bill 729, prohibits the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes.

What Signs Are Marijuana Licensees Required to Post at the Business Location?

Assembly Bill 729 require a licensee to post a sign, visible from each public entrance, and a similar sign inside the premises that reads “No Person Under 21 Allowed” and would authorize a licensee that is also a licensed dispensary to include language on the sign that reads “without identification authorizing the purchase of medical cannabis” In other words, if you are an licensed dispensary and an authorized licensee, than you must also include language on the sign that reads without identification authorizing the purchase of medical cannabis.

Will a Authorized Marijuana Licensee Be Subject to Inspections?

  1. Conducted during standard business hours of the licensed facility or
  2. At any other reasonable time.

Are There Limits to Inspections in a Business Which Offer Medical Marijuana and Non-medical Marijuana or Non-medical Marijuana Products?

Under Assembly Bill 729, would authorize a peace officer, or an employee of a licensing authority or a state or local agency granted limited peace officer status, to enter and conduct inspections, as specified, of any place at which nonmedical marijuana or nonmedical marijuana products are
  1. Sold;
  2. Produced; or
  3. Stored or at any site where evidence of activities involving evasion of nonmedical marijuana or nonmedical marijuana products tax may be discovered.

Are Recreational Marijuana Businesses Restricted as to Where They Can Be Located?

Accordingly, AUMA also prohibits a marijuana licensee from being located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 to 12, inclusive, day care center, or youth center, as specified, unless a licensing authority or local agency specifies a different radius“. The bill also prohibits a licensee from being located within a 600-foot radius of the following
  1. Playground;
  2. Hospital;
  3. Church

However, the exception that a licensing authority or local agency specifies a different radius.

Will Marijuana Licensee Be Subjected to “Random Inspections”?

Yes, bill allows law enforcement to inspect all recreational marijuana businesses, including anywhere they might find evidence of tax evasion. The bill also allows law enforcement to engage in operations involving person under 21 years of age is to be used in random inspections, including having pictures taken prior to inspections to verify appearance and requiring the person under 21 years of age to present a true and correct personal identification if verbally requested.

If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office at (310) 943-1171 for a consultation with a Los Angeles marijuana business attorney from KAASS Law at any time.

Kaass AK

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