State/Local Regulatory Licensing and Compliance

Assisting with the process to obtain a marijuana business license

Colorado has authorized the commercial sale of marijuana and recreational (or retail) marijuana.  In doing so, the Colorado General Assembly and the Colorado Department of Revenue  have enacted numerous complex and comprehensive regulatory requirements.  At Hoban Law Group, our skilled and knowledgeable business law and regulatory attorneys have helped entrepreneurs navigate and master the complex commercial marijuana regulatory framework.

To obtain a license to run a commercial marijuana facility, you must first complete the registration paperwork under oath and submit it to the appropriate local licensing authorities. One of our Hoban Law Group attorneys can explain that licenses have been divided into several categories and include:

  • Marijuana center licenses
  • Retail marijuana licenses
  • Optional premises cultivation licenses
  • Marijuana-infused product manufacturing licenses
  • Occupational licenses for those with access to restricted areas of these businesses

Along with the application, plans and specifications for the proposed facility must also be submitted. After the application is received, the local licensing authorities may schedule a hearing and issue public notice of the hearing as required by law.   The issues that are raised by the local licensing authorities may include zoning, distance requirements, ownership issues, background issues, or the like.  Our attorneys have navigated these issues countless times.

Attorneys explain the additional regulatory concerns

There are other regulatory issues that our office can help you or your dispensary comply with. For instance, there are strict rules regarding cultivation and inventory, as well as labeling and record-keeping requirements.

Colorado’s marijuana laws also impose minimum standards for the building in which the dispensing facility is located. The marijuana must be grown, stored, weighed, displayed or sold in a secure room, or part of the building where only those properly licensed by the state have access. Additionally, all entrances and exits to the secured area must be clearly and visibly labeled.

Understanding the penalties of noncompliance

Penalties for noncompliance with Colorado's regulatory scheme can be harsh and can put your business in jeopardy. Depending on the severity of the offense, penalties can include an administrative hearing, a fine, loss of licensure, or the closure of the facility. Additionally, despite many statements to the contrary, the federal government can renew its efforts to prosecute commercial marijuana businesses. It's more important now than ever to make sure that you comply with Colorado law: Failure to do so may make your facility a more enticing target for the federal government.