When you are just starting a marijuana business or are hoping to expand your business to include marijuana products in Colorado, you need to understand how the Colorado Marijuana Enforcement Division (“MED”) licensing works. The MED licensing landscape is laden with trips and traps for the unwary. The implications of these trips and traps can range anywhere from a mere inconvenience (such as having to make multiple trips to the licensing office) to a licensing application being denied and your business no longer being viable. What makes these trips and traps most concerning is that they are not always outlined in MED guidance. Instead, they must be learned either through proactive direct conversations with MED representatives or through failed filings. In addition to the MED, you will need approvals of your local municipal or County regulatory authority.
Before you submit a filing package, you will want to consider a range of items. You should know that an experienced Colorado marijuana business lawyer can help you through this process.
Things to Consider Before You Submit a Marijuana Enforcement Division Filing Package
When you are getting ready to submit your licensing application, you will want to consider all of the following issues (in addition to others):
- Are you using the most recent MED license application and form?
- Are any new Colorado MED license applications or forms on the horizon that may reduce (or increase) your licensing requirements? For example, the MED released new forms at the end of 2019 that reduced reporting requirements for those parties not considered Controlling Beneficial Owners.
- Are your fees in line with the most recent MED Fee Schedule? The schedule changes from time to time.
- Are your checks from the appropriate entity or individual? For example, fees for a retail cultivation license application must come directly from the licensee instead of from its management company. This is true even if the management company performs all of the licensee’s cash management services and has an identity of ownership.
- Do you need to make an appointment to file your package? Many of the current forms indicate an appointment is needed when you are filing in-person during open hours.
- Have you checked the hours of intake at the appropriate MED office? For example, hand-delivered Marijuana Business License Applications are accepted at the MED office during limited hours.
- Have you filled in any blank spaces with “N/A” as is outlined in most of the application instructions?
- Do you have authorization letters included in your packet if you would like a third-party to discuss your applications and forms with the MED?
In addition to these logistical or administrative questions, it is paramount that you carefully review each line-item question in the application and form. While disclosure and transparency are required, thoughtful and concise responses can greatly expedite the licensing and renewal process. Further, any material omission can come back to bite you at the time of renewals.
Contact a Marijuana Attorney to Assist with Your Colorado MED License Requirements
When you are filing a MED licensing application in Colorado, you need to be certain that you have considered all relevant issues in creating your filing package. Even minor mistakes can cost your business time and money, while major errors can result in your business being unable to operate in Colorado. To ensure that you do everything necessary to receive a MED license, you should seek advice from a Colorado marijuana attorney as soon as possible. Contact Accretive Law to discuss the MED licensing process and to seek assistance with your licensing application.