How To Move a Pre-ICO or Regulation D Licensed Dispensary Address in Los Angeles

- This information is not being provided to anyone for the purpose of contravention of state or local regulations. Nothing in this article may be construed as legal advise, and it is merely being written from personal observation and opinion based on my own experiences in dealing with various regulatory bodies.

 

There are approximately 150+ Pre-ICO (Interim Control Ordinance) or Regulation D Dispensaries listed on the City of Los Angeles list eligible to apply under the Measure M priority licensing system.  Currently, 99 of those dispensaries have been issued temporary licenses to operate (http://cannabis.lacity.org/legal-businesses) and are eligible for Measure M priority licensing.  Those 50+ dispensaries that have yet to be issued a temporary license through the LA Department of Cannabis Regulation (DCR), have less than 30 days left of their initial 60-day window, which ends March 4, 2018, to apply for a temporary and priority license through the DCR priority licensing portal.  

The process for amending a Pre-ICO or Regulation D dispensary address has changed multiple times in the past few months.  Below, you will see the evolution of the address amendment process.

***These processes have not until recently been established in writing by any official process adopted by the regulatory authorities.

Prior to the MAUCRSA Regulations and LA Ordinances taking effect on January 1, 2018, the Los Angeles City Office of Finance was responsible for collecting dispensary revenue taxes for the past two decades.  The Office of Finance previously required:

  1. Amending the address on the operator's 2017 "business tax receipt certificate" (BTRC)  with the California state authority as well as updating the LA City Office of Finance.
  2. Moving operations to the new location, hopefully to a location that complies with current Measure M zoning regulations.  - (Measure M zoning may not have been required prior to January 1, 2018, as many of the dispensaries were granted grand-fathered-in rights on the prior zoning; however, they would be required to move to a currently compliant zone within 5 years)

January 1, 2018, MAUCRSA regulations and the LA Ordinances took effect and the process immediately changed when the DCR opened its doors January 3, 2018. - (The process has changed yet again)  The process during most of the month of January was as follows:

  1. Begin the Priority M application process by registering on the DCR portal under the original address listed on the 2017 BTRC.
  2. Amend your 2018 BTR to the new address. 
  3. Update the DCR with the new address amendment once the BTR change is confirmed.
  4. Continue with the application process with the new address.

During the third week of January, the DCR put a stop on all address amendments in order to figure out a more official process, which has changed markedly over the span of a week.  Last Thursday, February 7, this process was established:

  1. It begins with a Statement of Information form from the Secretary of State showing the new address.

If you have any questions regarding the rest of the process, please contact Daniel Weis or David Nola at www.ViceLegal.com.  There are less than 30 days to put any address change into motion.

- Daniel Weis, February 11, 2018