The San Francisco Office of Cannabis is getting ready to release Part 1 of its Permanent Cannabis Business Permit Application. While this is an exciting time for cannabis business operators in San Francisco, there are limits to who can apply for a Permanent Cannabis Business Permit. The following individuals/businesses are eligible to apply for Permanent Cannabis Business Permits in 2018:
- Applicants that qualify for the City’s Equity Program;
- Applicants that hold a temporary permit from the Office of Cannabis;
- Applicants that hold a Medical Cannabis Dispensary Permit pursuant to Article 33;
- Applicants that applied for an Article 33 Permit that required referral to and approval by the Planning Commission before September 26, 2017;
- Applicants that registered with the Office of Cannabis in 2017, proved existing activity, and signed and complied with an affidavit; or
- Applicants that operated in compliance with the CUA and were forced to stop operations as a result of federal prosecution or threat of federal prosecution.
While the San Francisco Office of Cannabis is still finalizing the Permanent Cannabis Business Permit Application, it has released some preliminary information regarding what will be required in Part 1 of the Application. Some basic applications required will likely be: (1) business formation information, (2) tax ID number, (3) location eligibility information including address, APN, and zoning, (4) owner information including identity, ownership details, criminal history information, and a Live Scan background check, and (5) permit type sought.
Once Part 1 of the application is released, applicants will need to submit the application to the San Francisco Office of Cannabis, pay the $2,000 application fee, and have all business Owners complete background checks. The term “Owner” is defined by San Francisco’s cannabis ordinance as “ (a) A Person with an aggregate ownership interest of 20% or more in the Person applying for the Cannabis Business Permit or a Permittee, unless the interest is solely a security, lien; or encumbrance, (b) The chief executive office of a nonprofit or other entity; (c) A member of the board of directors of a nonprofit; or (c) An individual who will be participating in the direction, control, or management of the Person applying for a permit.” (Ordinance 230-17 Section 1602).
One important thing to remember is that Applicants currently holding Temporary Cannabis Business Permits from the San Francisco Office of Cannabis must apply for a Permanent Cannabis Business Permit within thirty (30) days of when the Office of Cannabis makes applications for permanent permits available. Therefore, once the Office of Cannabis releases Part 1 of the application, the clock starts ticking!
If you have any questions about San Francisco’s cannabis permitting process, please contact Rogoway Law Group and set up a consultation with one of our compliance attorneys.