Attorney Formation Services for Medical Cannabis Operations
Eric Alan Berg & Associates has been a leader in medical marijuana patients’ rights and has been involved in ground-breaking cases related to the use of this medicine for years. To continue our advocacy for patients’ rights and safe access to medicine we have formed a new division specializing in formation services for individuals and organizations operating within California’s medical cannabis industry.
We are now staffed with attorneys and expert witnesses who are here to assist qualified patients in forming the appropriate non-profit business entity so they can lawfully provide safe access to medical cannabis for qualifying patients who become members. We have helped client’s and city and county governments draft new ordinances to allow our clients to lawfully manufacture and sell marijuana related medical cannabis products in those cities or counties under the ordinances that we have created those cities and counties.
We will defend people who are charged with ordinance violations and help protect their crops from the threat of their crops being pulled because of ordinance violations.
This office will provide all reasonable and necessary legal services in handling this matter for you, including but not limited to the following:
- Determining the various licenses, permits, and government authorizations necessary under State and local laws for the lawful and compliant operation of your medical marijuana related enterprise.
- Ascertaining the timelines, fees and procedure for procuring those licenses, permits and authorizations and completing any and all necessary paperwork for the various statewide agencies regulating the medical marijuana industry. These agencies include but are not limited too:
- Board of Equalization
- Franchise Tax Board
- Department of Consumer Affairs/Bureau of Medical Marijuana Regulation
- Department of Food and Agriculture
- Department of Public Health
- Department of Pesticide Regulation
- Department of Fish & Wildlife
- State Water Board
- Monitoring the progress of the State with regard to creation of necessary agencies, information systems, and regulations, including the mechanisms for obtaining State licenses, ensuring your qualifications for each specific license you apply for, and applying for same in a timely manner.
- Determining the appropriate type of license for your operation, including but not limited to cultivation (indoor, outdoor and specialty), manufacturer, testing, dispensary, distribution and transportation.
- Advising you on procedures and safeguards regarding quality assurance, the flow of products, testing (both off-site and in-house), certification, packaging, labeling, and marketing.
- Assuring you are operating in a lawful manner and are protected from arrest, prosecution or other legal sanctions.
- Monitoring the development of the Department of Food and Agriculture’s medical cannabis cultivation program and the “track and trace program”, ensuring that you comply and will avoid any fines or penalties.
- Monitoring local ordinances and regulations and zoning restrictions, changes in State and Federal law, and minimizing any risks associated with your operation.
- We may work with a lobbyist on your behalf to work with local governments in the creation of laws and ordinances in your county but we do not partner with any lobbyist or other entity. You will have to retain the services of entities or individuals in those sectors separately.
- With respect to collectives or cooperatives already in business, ensure you are legally protected until such time as the Bureau of Medical Marijuana Regulation commences issuing licenses and then assisting you with the licensing procedure before the one-year sunset period.
- With respect to potential collectives or cooperatives not yet formed and prior to the one-year sunset period referred to above, our services will include the following:
- Filing Articles of Incorporation or other appropriate documentation with the Secretary of State to legally create the non-profit cooperative corporation, mutual benefit corporation or unincorporated association that is appropriate for you.
- Creation of appropriate corporate or association bylaws compliant with the California Corporations Code.
- Perfection of the organization of your business, including appointing the first board of directors and/or officers and preparing the minutes of the first meeting of the board.
- Preparation of by-laws and/or operating agreement, membership application agreements and member disclosure documents in line with State law, the Attorney General’s guidelines and the Corporations Code.
- Advice to your company as to current State, Federal, and local law and any risks associated with your operation.
- Filing of first biennial Statement of Information with the Secretary of State.
- Instructions on how and when to obtain permits, licenses, and tax identification numbers.
We offer a proactive approach to helping you comply with the law and thereby reduce the likelihood of potential legal troubles. However, should legal problems arise, our legal services will improve your odds should you find yourself in criminal or civil court.
Please tell us about your case or call for an appointment 530-223-5100