As the cannabis community is well aware by now, the regulations released by the various agencies regulating commercial cannabis businesses are vast and detailed. While the regulations are publicly available on the CalCannabis, Office of Manufactured Cannabis Safety, and Bureau of Cannabis Control websites, some of the operating requirements for cannabis operators are still somewhat vague.
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When it comes to security, all commercial cannabis operators must follow stringent requirements. However, one requirement that only applies to retailers is the requirement to hire security personnel. According to Section 5045 of the Bureau of Cannabis Control’s Emergency Regulations:
A retail licensee or microbusiness licensee that is engaged in retail sale shall hire and contract for security personnel to provide security services for the licensed retail premises. All security personnel hired or contracted for by the licensee shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.
Having security personnel on site during business hours seems reasonable. However, that is not what the Bureau of Cannabis Control requires of a licensee. Per communication with the Bureau, Rogoway Law Group confirmed that it expects retailers (including microbusinesses with a retail component) to have security personnel on site twenty-four hours a day. This requirement is not only crucial for compliance purposes, but is also essential to take into account when considering funding needs.
While the Bureau has not released specific regulations describing the number of security guards that must be present at a premise of a licensed retail business, many localities have. Therefore, when creating and implementing security plans, it is imperative that retailers review the applicable local regulations and research qualified security companies offering services to cannabis licensees in their area.
It’s a rapidly-changing regulatory environment. Get in touch with Rogoway Law to learn more about how we can help your cannabis business remain compliant with local regulations as well as regulations released by various governing bodies.