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Maryland Cannabis Licensing Update

Posted on by James Malvesti
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Maryland Cannabis Licensing Update

Good news for any businesses or people looking to apply in Maryland for an adult use cannabis license. The Maryland cannabis administration MCA will open up the  social equity application formal on November 13th. Please note that social equity applicants will be able to apply for social equity approvals with the MCA.

In order to complete the social equity verification, the MCA has created a licensing portal where applicants can complete the forms without a fee. This portal is scheduled to open on September 8th and close on November 7th, so interested Social equity applicants should prepare the approval process now. Please follow this link to determine if you qualify for a social equity approval with the MCA. Here is a graphic from the MCA to assist you:

Once approved, the social equity applicant can submit the approvals as part of their application. Social equity applicants still must apply and be granted a place in the lottery for a retail license, but other types of licenses are not subject to the lottery. 

For applicants other than retails, man the MCA has divided the state into the western region, southern region, central region, and eastern region. There are both standard and micro licenses available for the remaining social equity approved growers and  processors. The MCA has identified the number of licenses for each available region. Please follow this link to see the identified jurisdictions and number of licenses available in each such jurisdiction.

Eligibility Criteria

Here is a timeline showing the planned rollout of MCA’s social equity applications.

If you have questions about the social equity application round, or subsequent rounds that are not social equity driven, kindly contact our law firm for the latest information on how to move your business forward.

Timeline

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Justin-1

JUSTIN MORICONI​

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.
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Why value-based care is on the rise in U.S.

Posted on by James Malvesti
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The healthcare revolution is evolving beyond discussions of universal healthcare or reforms to the Affordable Care Act. Central to this transformation is the shift from fee-for-service (FFS) models to value-based care. This article outlines what Value-Based Care entails and its distinction from the traditional FFS model.

Americans are more likely to die younger, and from avoidable causes, than residents of peer coutries.

Why value-based care is on the rise in U.S.

The Necessity of Value-based Care

Despite significant healthcare spending, both per capita and as a percentage of GDP, the United States lags behind other high-income nations in healthcare outcomes. Data from the Commonwealth Fund highlights critical issues: the U.S. has the lowest life expectancy at birth, the highest death rates from avoidable or treatable conditions, alarming maternal and infant mortality rates, and one of the highest suicide rates.

These challenges are compounded for minorities and individuals with lower incomes, who historically face barriers to accessing care and often experience worse health outcomes. Such disparities are partially attributed to the inherent flaws in the nation’s traditional FFS payment model, which often prioritizes quantity over quality of care.

Value-based care seeks to address these issues by aligning incentives with patient outcomes rather than the volume of services provided. Under this model, healthcare providers are rewarded for helping patients improve their health, reduce the incidence and impact of chronic disease, and live healthier lives in an evidence-based way. This approach not only focuses on treating illnesses but also emphasizes preventive care, resulting in better health outcomes and potentially lower healthcare costs.

The adoption of value-based care is driven by its potential to enhance patient care quality while controlling costs. By shifting the focus to patient outcomes, this model encourages healthcare providers to offer more coordinated, efficient, and effective care. This, in turn, could lead to a more sustainable healthcare system that better meets the needs of all Americans, particularly those who have been underserved by the traditional healthcare system.

Value-based Care Explained

Value-based care (VBC) is an approach where healthcare providers’ earnings are directly linked to patient outcomes. This model emphasizes the quality, equity, and cost-efficiency of care, shifting focus from the traditional volume-based services.

In VBC models, the emphasis is on delivering high-quality, cost-effective care while minimizing unnecessary service utilization. These programs aim to increase provider accountability for patient outcomes, using financial incentives and greater care flexibility to ensure optimal care delivery.

Value-based care is centered around four primary goals:

  • Better Outcomes: Ensuring improved health results for patients.
  • Lower Costs: Reducing healthcare expenses through efficient care delivery.
  • Improved Patient Experiences: Enhancing the overall patient journey within the healthcare system.
  • Better Clinical Experience: Fostering a more satisfying and effective environment for healthcare professionals.

Comparison with the Fee-for-Service Model

Contrastingly, the Fee-for-service (FFS) model compensates healthcare providers for each service performed, regardless of patient outcomes. This method often leads to an increased number of services provided, as reimbursement is tied to volume, not the quality of care. While this might increase healthcare costs, it does not necessarily translate to better patient outcomes.

In the value-based care framework, reimbursements are closely tied to the quality of care and patient outcomes. This approach incentivizes healthcare providers to prioritize patient health, connecting financial rewards to effective and efficient care delivery.

The adoption of value-based care models by Medicare and private insurers has prompted healthcare providers to adapt. This transition requires significant changes in how healthcare is provided, communicated, and monitored, focusing on the continuous improvement of patient health progress.

This shift toward value-based care represents a significant transformation in healthcare delivery, aligning financial incentives with the ultimate goal of achieving better health outcomes for patients.

VBP models are designed to encourage the delivery of high-quality, cost-effective care while reducing avoidable utilization of services.

Types of Value-based Care

In the evolving healthcare sector, the critical question remains: how will services be funded? Numerous complex answers exist, but value-based care offers pre-existing, adaptable payment solutions, allowing healthcare organizations to select or design an optimal model.

Value-based reimbursement prioritizes quality over quantity of services. There are four primary forms:

Performance-based Payments:

Beyond traditional Fee-For-Service (FFS) payments, providers receive additional compensation for achieving specific metrics or completing designated activities.

Bundled:

This approach consolidates services typically offered separately. Instead of individual payments for hospital, physician, and other services, a bundled plan incorporates these into a single payment for a specific condition, procedure, or service (e.g., a hospital stay). Providers save costs on certain care aspects and can retain these savings, promoting patient-customized care and cost-effective practices.

Shared Savings and Risk:

Both models use traditional FFS payments, but compensation hinges on meeting quality and spending benchmarks. Provider departments strive to reduce expenditures and adhere to budgets. Annually, spending is compared against a set target. Spending below the target allows providers to share the savings as bonuses. Conversely, exceeding the target incurs repayment penalties.

In shared savings, providers benefit from savings without risk. If spending is under the target, they share in the savings. In shared risk (downward risk model), providers are accountable for keeping spending within or below the target; excess costs are their responsibility. This model offers higher potential rewards but also increased risks.

Global Capitation:

Here, both short-term and long-term patients contribute to cost-sharing, with payments structured on a per-person, per-month basis. Providers receive a fixed payment to cover all care for individuals, regardless of the services used. This model aims to alleviate provider financial pressure while maintaining patient care quality.

No single healthcare reimbursement model is universally ideal. Each payer’s choice depends on their capabilities and objectives.

Various combinations of these methods exist alongside less common cost management techniques. Healthcare stakeholders encounter unique opportunities and challenges in implementing value-based healthcare reimbursement. Each system is customizable, enabling organizations to adapt these models to their strategic needs.

Fee-for-Service (FFS) Reimbursement Models: Characteristics and Challenges

Compensation Based on Quantity: FFS models primarily compensate healthcare providers based on the volume of services rendered. This approach often emphasizes quantity over quality, as providers are paid for each test, procedure, or visit, regardless of its necessity or outcome.

Lack of Outcome Consideration: In FFS models, the reimbursement amount is not linked to patient outcomes. Consequently, there is little direct financial incentive for providers to ensure the long-term effectiveness of treatment.

Potential for Unnecessary Procedures: Given that compensation is tied to the number of services provided, there’s a risk of unnecessary tests and treatments. This not only increases healthcare costs but may also expose patients to unnecessary risks, particularly when less invasive or less expensive options could be more effective.

These characteristics of FFS models have led to concerns about inefficiencies, escalating healthcare costs, and suboptimal patient outcomes.

Value-Based Care (VBC) Models: Focusing on Patient Outcomes

Linking Reimbursement to Outcomes: Unlike FFS, VBC models tie reimbursement to patient outcomes. Providers are incentivized to focus on delivering care that results in better health outcomes. This alignment of financial incentives with patient health can lead to more effective and efficient care.

Promoting Preventive and Holistic Care: VBC encourages a holistic approach to patient health, emphasizing preventive measures and the management of chronic conditions. This proactive stance aims to reduce the need for more intensive treatments and hospitalizations.

Encouraging Innovation in Care Delivery: Providers under VBC are motivated to innovate in healthcare delivery, exploring new methods and technologies that can improve patient outcomes and reduce costs. This includes the use of telehealth, personalized medicine, and integrated care models.

The Shift Toward Value-based Care

Implications for Healthcare

The ongoing shift from FFS to VBC is reshaping the healthcare sector. It promotes a more patient-centric approach, aligning financial incentives with the goal of achieving the best possible health outcomes. This transition supports the sustainability of healthcare systems by focusing on preventive care and reducing unnecessary procedures.

Challenges and Considerations

While the benefits of VBC are clear, the transition is complex. It requires significant changes in provider payment structures, patient data tracking, and overall healthcare management strategies. Providers must adapt to new metrics for success, focusing on long-term patient health rather than immediate revenue from services provided.

The evolution from Fee-for-Service to Value-Based Care marks a pivotal moment in healthcare, one that promises to reshape how care is delivered, measured, and valued. This transformation addresses the pressing need to improve healthcare outcomes, reduce disparities, and manage costs more effectively. By fostering an environment where quality and patient outcomes are paramount, Value-Based Care offers a path to a more equitable, efficient, and patient-centered healthcare system. The journey towards this new model is complex and requires a concerted effort from all stakeholders, but the potential benefits for patients, providers, and the broader healthcare system are immense.

As the healthcare landscape continues to evolve, staying informed and prepared for these changes is crucial. For those looking to navigate this transition with expertise and insight, Moriconi Flowers stands ready to guide and support. Our team of professionals brings a wealth of knowledge and experience in healthcare law and policy, offering tailored solutions to meet the unique challenges of this shifting terrain.

Connect with Moriconi Flowers today to explore how we can assist in optimizing your strategies for the Value-Based Care model. Let us help you align your practices with the future of healthcare, ensuring success and sustainability in this new era. Visit our website or contact us directly to start the conversation and take a proactive step towards embracing these transformative changes in healthcare.

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Neal Benjamin

Neal Benjamin is a licensed pharmacist and practicing attorney assisting long-term care, home health, and retail pharmacies in a variety of legal matters, including nonexclusively, operations, licensing, regulatory compliance, PBM[JM1] audits, and pharmacy sales and acquisitions. Neal’s practice is active in regulated cannabis, Drug Enforcement Administration (“DEA”) and healthcare regulatory compliance; cannabis and start-up business planning and permitting, as well as general corporate matters.

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How to Get your New York Cannabis Business License

Posted on by James Malvesti
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In recent years, various states have legalized marijuana, with New York being a notable addition. The state’s significant move came when former Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) on March 31, 2021. This act positioned New York as the 16th state to legalize adult-use marijuana, marking the culmination of years of efforts. As of 2024, New York has made strides in developing what is projected to be a $4.2 billion industry, potentially one of the largest marijuana markets in the United States.

The primary objectives of the MRTA include:

  • Establishing the Office of Cannabis Management to oversee the comprehensive regulation of medical, adult-use, and cannabinoid hemp.
  • Creating a regulated and taxed cannabis economy within the state.
  • Initiating various social and economic justice programs related to the cannabis industry.

To start a cannabis business in New York, interested parties must comply with the regulations set by the new law and obtain the necessary license. This opens up numerous business opportunities for residents keen on participating in this expanding industry.

New York Medical Marijuana Program

In July 2014, Governor Andrew Cuomo enacted the Compassionate Care Act, initiating a detailed and secure medical marijuana program in New York. This legislation authorized medical marijuana use for treating specific conditions such as cancer, HIV/AIDS, ALS, Parkinson’s disease, and multiple sclerosis.

From 2016 to 2018, the program expanded to include chronic pain, PTSD, and opiate addiction therapy. The Department of Health’s website lists all eligible conditions.

New York Medical Cannabis Business Opportunities

The Marihuana Regulation and Taxation Act (MRTA) aims to further develop the Medical Marijuana Program. Currently, existing regulations and operations are maintained while the Office of Cannabis Regulation formulates necessary regulatory structures. Information about current medical marijuana program applications is available on their website.

The MRTA mandates the Cannabis Control Board to register new organizations, which may operate up to eight dispensaries, prioritizing the first two in underserved areas. New registrations are evaluated with an emphasis on diversity in race, ethnicity, and gender.

Additionally, the MRTA introduces a cannabis research license, enabling the production, processing, purchase, or possession of cannabis for research. This cannabis can only be sold to other research licensees.

The timeline for cannabis research license applications is pending. Prospective applicants must provide a detailed research plan and specify the quantity of cannabis required. Applications are assessed based on project quality, design, impact, the applicant’s capability to conduct the research, and whether the cannabis amount aligns with the project’s scale and goals.

For up-to-date information on cannabis business opportunities, including licensing and application procedures, visit the Office of Cannabis Regulation’s website.

Recreational Marijuana Legalization

Former Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA) into law on March 31, 2021, legalizing recreational cannabis for adults aged 21 and older in New York. This groundbreaking legislation established a licensing system for various cannabis businesses, including growers, manufacturers, distributors, retailers, and cooperatives.

The MRTA led to the creation of the Office of Cannabis Management (OCM), governed by the Cannabis Control Board. This body is responsible for overseeing the implementation of the law, regulating the cannabis market, issuing licenses, and developing comprehensive regulations for business participation in the burgeoning industry. Beyond regulating the adult-use cannabis market, the OCM also oversees the state’s medical marijuana and hemp programs.

Following Andrew Cuomo’s resignation on August 10, 2021, Kathy Hochul became New York’s first female governor. Her ascension has been positive for the state’s adult-use cannabis industry. Governor Hochul has expressed her commitment to prioritizing the launch of the state’s marijuana sales program during her tenure.

As of 2024, New York’s recreational marijuana market has seen significant advancements. The OCM has successfully issued numerous licenses across various categories, enabling a diverse and thriving cannabis industry. Retail dispensaries have opened in multiple locations, offering a range of products to consumers. The regulatory framework established by the OCM ensures safe and responsible access to cannabis, with strict quality control and compliance standards.

Governor Hochul’s administration continues to focus on enhancing the industry, with particular attention to social equity programs. These initiatives aim to provide opportunities for communities disproportionately affected by previous marijuana laws. The state’s revenue from cannabis sales is being strategically reinvested in health, education, and community development programs.

Furthermore, the integration of the recreational market with the existing medical marijuana and hemp programs has created a comprehensive cannabis ecosystem in New York. This integration benefits consumers and businesses alike, offering a model for other states considering legalization.

The OCM’s commitment to adapting regulations in response to industry trends and consumer needs has positioned New York as a leading state in the responsible management of a legal cannabis market.

Important Local and Municipality Details For Cannabis Businesses

For individuals planning to establish a cannabis business or dispensary, understanding local and municipal regulations is essential. These regulations can vary significantly across different regions and can have a profound impact on the feasibility and operations of cannabis-related businesses.

Understanding Local Regulations

Each state in the U.S. has its own set of laws regarding the operation of cannabis businesses. However, it’s not just state laws that prospective cannabis business owners need to be aware of. Local jurisdictions, such as counties, towns, and cities, often have the authority to set their own rules regarding the operation of these businesses. This means that even if cannabis businesses are legal at the state level, they may not be permitted in certain local jurisdictions.

The New York Context

In New York, for example, the situation is particularly nuanced. Towns, cities, and villages within the state have the option to opt out of allowing the sale and on-site consumption of recreational marijuana at retail dispensaries. By 2024, several towns and cities might have already made their decisions regarding this matter. For instance, as of previous years, areas like Eastchester, Gerry, Somers, Chautauqua, and Cassadaga had opted out. The deadline for these localities to make their decision was initially set at December 31, and once this deadline passed, municipalities that opted out could no longer reverse their decision. However, they retained the option to opt back in at a later date.

Checking Local Compliance

Before proceeding with setting up a cannabis business, it’s crucial to check the current status of cannabis regulations in the intended location. Local government websites often provide up-to-date information on their stance towards cannabis businesses. In some cases, public hearings or community meetings are held to discuss potential changes in policy, providing an opportunity for business owners to stay informed and even participate in the decision-making process.

Importance of Compliance

Compliance with local regulations is not just a matter of legality; it can also affect various aspects of business operations. This includes zoning laws, which determine where a cannabis business can physically operate, as well as local taxes and business license requirements. Non-compliance can lead to legal challenges, fines, or the revocation of business licenses, thus underscoring the importance of thorough research and adherence to local laws.

Types of New York Recreational Cannabis Business Licenses

The information provided below outlines the eleven types of adult-use cannabis licenses available, as well as the ownership restrictions imposed by the MRTA.

Adult-use Cultivator

This license permits the acquisition, possession, cultivation, and distribution of cannabis. Holders can sell cannabis to licensed processors but are restricted to owning just one cultivator license and are barred from holding a cannabis retail license.

Adult-use Nursery

A nursery license enables the legal production, sale, and distribution of clones, immature plants, seeds, and related agricultural products. These are used for cannabis cultivation by licensed cultivators, cooperatives, microbusinesses, or registered organizations. An adult-use cultivator can also hold one nursery license.

Adult-use Processor

Holders of a processor license are authorized to acquire, possess, process, and sell cannabis from licensed cultivators to distributors. Ownership is limited to one processor license per individual. Processors can also obtain a distributor license solely for distributing their own products but are prohibited from owning a cannabis retail license.

Adult-use Distributor

This license allows for the acquisition, possession, distribution, and sale of cannabis from licensed processors, cooperatives, microbusinesses, or registered organizations to licensed retail dispensaries and on-site consumption sites. A single distributor license is allowed per person, with no allowance for owning a cannabis retail license.

Adult-use Cooperative

A cooperative license permits the acquisition, possession, cultivation, processing, and sale of cannabis from licensed premises to licensed distributors and retail dispensaries. Each person is limited to one cooperative license, and cooperatives cannot own a cannabis retail license.

Adult-use Microbusiness

Microbusiness license holders can cultivate, process, distribute, deliver, and sell cannabis on a small scale. An individual is limited to one microbusiness license and cannot own any other type of adult-use cannabis license.

Adult-use Retail Dispensary

This license allows for the acquisition, possession, sale, and delivery of cannabis from a retail dispensary. A maximum of three retail licenses is allowed per person. Retail licensees cannot own licenses in cultivation, processing, or distribution.

Adult-use On-site Consumption

Holders of this license can acquire, possess, and sell cannabis for consumption on-site. Each person can hold up to three on-site consumption licenses but cannot own licenses in cultivation, processing, or distribution.

Adult-use Delivery

A delivery license authorizes the delivery of cannabis and related products to consumers. An individual is limited to one delivery license and is prohibited from owning any other type of adult-use license.

Registered Organization Adult-use Cultivator Processor Distributor Retail Dispensary

This license permits a registered organization to operate with the same privileges as adult-use cultivator, processor, distributor, and retail dispensary licensees. However, a registered organization cannot own or hold any other type of adult-use license.

Registered Organization Adult-use Cultivator Processor Distributor

This license allows a registered organization to function as an adult-use cultivator, processor, and distributor. A registered organization is restricted from holding any other adult-use license types.

How many New York cannabis licenses will be available?

As of 2024, the specific number of licenses for recreational marijuana businesses in New York has been determined. Importantly, 50% of these licenses are reserved for social and economic equity applicants, including individuals from cannabis-prohibition-impacted communities, minority- and women-owned businesses, disabled veterans, and distressed farmers. Financial support through grants, loans, and incubator programs is provided to eligible individuals to help establish their businesses.

New York Cannabis Business License Cost

The fees for New York cannabis business license applications have been established by the Office of Cannabis Management. The application fee is non-refundable, and a license fee, which varies based on license type, product volume, and other factors, is charged every two years.

When did recreational sales begin in New York?

The commencement of recreational cannabis sales in New York began in 2022, following the finalization of rules and the establishment of a licensing application process by the Office of Cannabis Management (OCM). Various license types are now open for application.

As the New York cannabis industry continues to evolve, we provide regular updates and professional insights. To receive the latest information and insights on cannabis business opportunities in New York and other states, subscribe to our newsletter.

Navigating the cannabis business landscape in New York and beyond can be complex. Moriconi Flowers is at the forefront, offering expert legal advice and industry insights to help you succeed. Whether you’re applying for a license, seeking regulatory compliance, or exploring business expansion, our team is equipped to guide you through every step. Don’t miss out on crucial updates and strategic advice. Join our community of informed professionals today.

Are you looking for cannabis license updates on New York and other state opportunities? Subscribe below to our newsletter to get the latest information and valuable insights on cannabis business opportunities. 

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

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How To Get Your Neew York Cannabis Business License

How To Get Your Ohio Cannabis Business License

Posted on by James Malvesti
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Are you wondering how to get your Ohio cannabis business license? This page is dedicated to up-to-date information on this topic, and as license-winning attorneys in this state, we will provide you insights you won’t get anywhere else. 

Due to demand from Ohio residents, the Ohio Board of Pharmacy has voted to increase the number of dispensary licenses awarded in the state from 57 to 130 on April 19, 2021. This is a huge step forward for patients and caregivers who have been waiting patiently for this day ever since the first dispensary in the state opened its doors in 2019. 

Moreover, two Democratic lawmakers in Ohio — Democratic state representatives Casey Weinstein of Hudson and Terrence Upchurch of Cleveland — introduced a bill that aims to make recreational marijuana legal. House Bill 382 aims to decriminalize, tax, and allow the commerce and licensing of recreational cannabis. If passed, the bill would allow Ohio residents to buy and use marijuana and grow up to 12 plants. The bill also would create a commission to study the impact of legalizing marijuana. As these plans develop we will update this information.

However, not all of the efforts to further marijuana legalization in Ohio have been successful. Just this August, a group called Coalition to Regulate Marijuana Like Alcohol (CRMLA) submitted a ballot proposal that aims to have a summary of their proposed law placed on the 2022 ballot. The group’s proposed law aims to allow adults aged 21 and older to grow, possess, and purchase marijuana. Unfortunately for CRMLA, Attorney General Dave Yost has rejected the ballot proposal on grounds of the ballot language summary not meeting the legal standards for approval. According to the Attorney General, there were at least 7 areas where the summary failed to accurately describe the proposed law.

Benefits of marijuana legalization in Ohio

The legalization of recreational cannabis in the state of Ohio is expected to result in economic growth according to the executive director of the Drug Enforcement and Policy Center at The Ohio State University, Douglas Berman. The new markets that will surface after legalization will pave the way for more dispensaries in the major cities, driving job creation and an uptick in local economies. Proponents of the bill are also eyeing the increased tax revenue that will result from the sales.

According to the Marijuana Business Factbook, the sales of medical cannabis in Ohio will reach between $350-$425 million this year. For comparison, last year’s sales hit $221.5 million. Furthermore, they are projecting a revenue of up to half-billion dollars by 2022 or 2023. At present time, there are 202,666 registered patients in the state — that is twice the number of registered individuals from a year ago.

In addition to re-energizing the economy and supplementing tax revenue, Rep. Upchurch also stressed that House Bill 382 is also about healthcare for Ohioans and that it’s time for the state to become a leader in cannabis decriminalization and legalization.

Current cannabis laws and restrictions in Ohio

Before you begin doubling down on your efforts to secure any kind of cannabis license in Ohio, the first thing you must understand are the existing laws and restrictions governing the use of medical marijuana in the state.

In 2016, Governor John Kasich signed House Bill 523, or the Ohio Medical Marijuana Control Program, into law. This made Ohio the 25th state to have a functional medical marijuana law. 

According to HB 523, only patients who are formally diagnosed with any of the qualifying medical conditions and have received a recommendation from a state-approved physician can participate in the medical marijuana program. In addition to the qualifying conditions stated in the summary, the medical board of the state may add other diseases as it sees fit.

As of July 2021, there are 202,666 medical marijuana patients registered in Ohio. 14,039 of this number are veterans, 15,550 are indigents, and 866 are patients with terminal conditions.

Also in House Bill 523,  municipalities are afforded the right to set their own prohibitions or limitations regarding the sales of medical marijuana. Currently, there is quite a list of towns in Ohio that have either a 6, 12, or 18-month moratorium or a total ban on medical marijuana in place. You can see the full list here which is updated periodically.

Decriminalization is also not uniform across the state. Currently, there are only 18 towns and cities that have decriminalized the possession of medical marijuana up to a certain limit (which also varies from city to city). These places are Athens, Bellaire, Bremen, Cincinnati, Cleveland, Columbus, Dayton, Fremont, Logan, Nelsonville, Newark, Northwood, Norwood, Oregon, Roseville, Toledo, Windham, and Yellow Springs.

Medical Marijuana Cultivator Licenses

The state of Ohio allows a certain number of marijuana cultivators and medical marijuana dispensaries. Only cultivators and dispensaries with a certificate of operations can begin their participation in the program.

A cultivator or grower is defined as a person or entity that cultivates or grows the marijuana plant that will be later subject to processing. There are currently two types of cultivator licenses awarded in the state: Level I and Level II.

Level I cultivators are allowed to operate within an area of up 25,000 square feet initially. Meanwhile, Level II marijuana cultivators can grow the plant only within 3,000 square feet of space. All the licensees can apply for an expansion down the road. As of 2021, 34 cultivation licenses have been awarded in Ohio. 

Cultivator licenses can cost between $20,000 to $200,000 subject to renewal annually. The application for cultivator licenses is currently closed.

Medical Marijuana Dispensary License

A marijuana dispensary is where qualified patients can purchase their medical marijuana. Keep in mind that patients are allowed to obtain only up to 90 days’ worth of supply and dispensaries are responsible for making the correct calculations.

A request for application marks the beginning of the application process, followed by the submission of the requirements including the fees. The cost of a marijuana dispensary license in Ohio begins at $75,000. That’s $5,000 for the application fee and $70,000 for the certificate of operations. In addition, the cost can go up depending on how many associated key and key employees are involved in your dispensary. 

Persons, partnerships, LLCs, corporations, cooperatives, and joint ventures can apply for a dispensary license. However, although the number of dispensary licenses was increased this year, the Board of Pharmacy has stopped accepting applications for licensed dispensaries.

What’s next for the legalization of recreational cannabis in Ohio?

Now that House Bill 382 has been formally introduced, the next step is to have it referred to a House committee. The House committee will then wait for a majority vote before taking further legislative action.

On the other hand, the Coalition to Regulate Marijuana Like Alcohol, whose petition was rejected by the AG, has resubmitted their petition. If approved, the petition will end up on the 2022 ballot and if they gather more than 132,000 signatures from at least 44 of Ohio’s 88 counties, then the Ohio legislature will have to study the proposal and decide whether to approve the law or not.  

If you’re looking to get updates on opportunities in the state of Ohio or other states, join our mailing list for updates and insights as this exciting industry grows. 

Are you looking for cannabis license updates on Ohio and other state opportunities? Subscribe below to our newsletter to get the latest information and valuable insights on cannabis business opportunities. 

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

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Moriconi Flowers Client Awarded Class 2 Production License in Georgia

Posted on by Justin Moriconi
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Moriconi Flowers Client Awarded Class 2 Production License in Georgia

On July 24, 2021, the state commission in charge of the medical marijuana program in Georgia issued two Class 1 and four Class 2 licenses, after evaluating sixty-nine competitive applicants.

Moriconi Flowers, a law firm with experienced cannabis business attorneys and a track record of success,  is pleased to announce that their client, Natures GA, LLC, has been awarded (one of four) Class 2 Production Licenses by The Georgia Access to Medical Cannabis Commission (“GMCC”) which will enable Nature’s to cultivate, manufacture and sell medical marijuana oil in the state. Licensees are chosen through a competitive application process and Natures GA, LLC achieved licensure due to being one of the highest-scoring applications at the conclusion of the evaluation.

Georgia’s Hope Act — HB 324, signed into law by Gov. Brian Kemp on April 17, 2019, established the framework for the state’s cannabis cultivation, dispensing, and production with oversight from the Georgia Access to Medical Cannabis Commission. Among the commission’s authority are the following:

  • Issuing licenses of up to two Class 1 Production, which permits up to 100,000 sq ft of space for indoor cultivation and the production of low-THC oil.
  • Issuing licenses of up to four Class 2 Production, which permits up to 50,000 sq ft of space for indoor cultivation and the production of low-THC oil.

According to Moriconi Flower LTD’s co-founder Ted Flowers, “Working on a competitive application project is an exhaustive process, and while submitting a work product you are proud of provides a level of satisfaction, writing a winning application is simply awesome!”

Moriconi Flowers is looking forward to continuing this historic journey in Georgia.

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

Contact Us

PHONE: (215) 277-1410

LOCATION

HISTORIC CHESTNUT HILL 

40 West Evergreen Avenue, Suite 104

Philadelphia, PA 19118

© 2023 MORICONI FLOWERS, LTD. ALL RIGHTS RESERVED.PRIVACY POLICY

How to Get Your New Jersey Cannabis License

Posted on by Justin Moriconi
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How to Get Your New Jersey Cannabis License

The legalization of cannabis in New Jersey has come a long way since the Compassionate Use Medical Marijuana Act was signed into law by outgoing Governor Jon Corzine in 2010. This law allowed the use of medicinal marijuana for the treatment of a host of conditions, including cancer, multiple sclerosis, HIV/AIDS, and any terminal illness where the doctor has determined that the patient will die within a year.

In 2016, the list of qualifying conditions was expanded to include PTSD, and in the subsequent year, chronic pain, migraine, autism-related anxiety, and Alzheimer’s disease-related anxiety among other conditions were added to the list. And just two years later, in 2019, the Compassionate Use Medical Cannabis Act was amended creating a Cannabis Regulatory Commission, easing the requirements for both patients and their caregivers, which made medical marijuana more accessible to patients who needed it. 

On February 22nd, 2021, Governor Phil Murphy signed into law the “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” which legalizes the possession and use of cannabis for people aged 21 and older. For cannabis entrepreneurs, the adult-use program will also allow the cultivation, processing, and retail sale of recreational cannabis.

New Jersey’s cannabis regulators voted unanimously to approve the 160-page Personal Use Cannabis Rules on August 19, 2021, paving the way for the beginning of adult use cannabis sales in the state. To view the first set of regulations for the recreational marijuana market, click here. According to commission executive director Jeff Brown, the next step will be a notice for the application acceptance period.

New Jersey Medical Marijuana Business Licenses

The February 2021 law “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” has no effect on the current scheme for medical marijuana licenses. Furthermore, no new ATC (alternative treatment center) licenses shall be granted moving forward. However, it remains possible for existing ATCs to apply for endorsements that will allow them to function additionally either as a cultivator, manufacturer, retail, or all of three with a Vertically Integrated Permit. 

The New Jersey Cannabis Regulatory Commission has set a fee schedule effective August 19, 2021. Click here to view application, certification, licensing and other fees.

Recreational Cannabis Business License

Apart from decriminalizing the possession and usage of cannabis in the state, the recreational cannabis law in NJ is also aimed at reviving the economic impact zones by setting the grounds  by which cannabis businesses can thrive. These zones are at an economic disadvantage and have been heavily affected by marijuana arrests in the past.

How many licenses will be available?

To date, the maximum number of licenses to be granted for recreational marijuana businesses in New Jersey (except for the Cultivation Licenses) is yet to be determined. The Cannabis Regulatory Commission is tasked with establishing the rules of the program, including how many licenses shall be handed out in each class. One of the factors that will decide this number is the market demand by June 2021.

So far, only one decision has been made certain: only 37 Cultivation Licenses will be awarded in the first 24 months. This number includes any ATCs with existing cultivation endorsements. Furthermore, the CRC has a list of preferences as to who will be awarded the licenses:

  • 30% of all the license allotments are set to go to minority, women, and disabled-veteran owned applicants;
  • 10% of the license allotment for each class will be dedicated to micro businesses wholly-owned by New Jersey residents;
  • Applicants who intend to operate in an economic impact zone or/and plan to hire employees from these economic impact zones

How much will it cost?

If you are planning to start a cannabis business in New Jersey, expect to spend several hundred thousand to a few million dollars unless you are a microbusiness. In addition to the application and licensing fees, legal fees and various professional fees, a big part of your investment will go to securing real estate (either by purchasing or leasing), retrofitting the property, and paying for the services that will help you obtain approvals. Consultation fees will also be a considerable cost because aspiring NJ cannabis businesses must have solid systems and impact plans in place to even have a shot at acquiring a license.

According to the Cannabis Regulatory Commission’s Personal Use Cannabis Rules, initial application fees are intentionally set low in order to reduce barriers to entry, with fees as low as $100. Only 20% of the application fee will be paid by applicants initially and the remaining 80% will be paid when the license is approved. Overall, the range of the application fees will be $500 – $2,000. 

Current ATCs are allowed to sell recreational cannabis as long as they certify they have adequate supply for their medical patients. Conversion fee will be $300,000 – $1,000,000 depending on the size. 

When will sales start?

The date for when recreational sales can start has not been set yet. According to chairperson Dianna Houenou, the date is “admittedly uncertain.” She previously said that New Jerseyans probably won’t be able to buy cannabis from a dispensary until 2022.

Types of Recreational Marijuana Licenses in NJ

Although it’s not clear how many licenses will be granted in NJ under the new law, it has already been determined that there will be six classes of licenses that future cannabis businesses can apply to acquire: Cannabis Grower license, Cannabis Processor license, Cannabis Wholesaler license, Cannabis Distributor license, Cannabis Retailer license, and Cannabis Delivery license.

General New Jersey Cannabis License Requirements

There are certain general licensing requirements that apply to all license classes, the key requirements include: 

  1. Shall have at least one significantly involved person who has resided in the state for 2 years prior to the application. 
  2. Those with decision-making authority must be over 21 years of age.
  3. Must provide criminal background check for according to the law: “any owner, other than an owner who holds less than a five percent investment interest in the cannabis processor or who is a member of a group that holds less than a 20 percent investment interest in the cannabis processor and no member of that group holds more than a five percent interest in the total group investment, and who lacks the authority to make controlling decisions regarding the cannabis processor’s operations; any director; any officer; and any employee.”

Class 1 Cannabis Grower License

The Cannabis Grower license shall be granted to a person or entity that will grow or cultivate cannabis to be sold to other cultivators, manufacturers, wholesalers, retailers, but not to direct customers. Holders of this license are also permitted to transport their product to qualified recipients. For the first 24 months, only 37 cannabis grower licenses will be given by the state, including ATCs with a cultivator endorsement.

Class 2 Cannabis Processor License

A cannabis processor is a person or entity that will process or manufacture cannabis and sell the resulting product to other manufacturers, wholesalers, retailers, but not directly to consumers.

A licensed cannabis processor is permitted to purchase cannabis from a licensed grower or another licensed processor or manufacturer. They are also allowed to transport their product to intended legal recipients.

Class 3 Cannabis Wholesaler License

A licensed wholesaler of cannabis is permitted to acquire and store cannabis and cannabis products intended to be resold later to cannabis retailers but not to direct consumers. Holders of this license are also allowed to transport their products to the retailers. The Class 3 Cannabis Wholesaler license will be issued for the warehouse where the cannabis products will be stored.  

Class 4 Cannabis Distributor License

The Class 4 license is intended for persons or entities that will transport cannabis or cannabis products in bulk from one licensed cannabis establishment to another within the state. Holders of the Class 4 Cannabis Distributor License are also permitted to store the cannabis or cannabis products temporarily if it is necessary for fulfilling their duties in transporting the goods.

Class 5 Cannabis Retailer License

Intended for businesses that will sell cannabis, cannabis products, or paraphernalia at a specified location. Holders of the Class 5 Cannabis Retailer license are permitted to purchase from a licensed manufacturer or wholesaler and sell to direct consumers on site. In addition, they are also granted the privilege to pursue the services of a certified cannabis handler who will fulfill the orders off-site and licensed cannabis delivery services to deliver the cannabis products from the retailer to the consumer, or from the cannabis handler the retailer is working with to the consumer.

Class 6 Cannabis Delivery License

The Class 6 Cannabis Delivery license shall be granted to businesses that will act as a courier for a licensed cannabis retailer. A business with this type of cannabis license is also permitted to accept direct orders from consumers that will be fulfilled by a cannabis retailer. A licensed cannabis delivery service may also pick up the product from the certified cannabis handler a retailer is working with to be delivered to a consumer. 

As New Jersey cannabis legalization moves forward in the state of New Jersey and the Cannabis Regulatory Commission forms their rules, guidelines, and establishes dates, we will keep you updated and provide our professional legal insight. If you are a strategic investor and would like to learn more about the New Jersey market and how it relates to you click here. To be kept up to date, subscribe to our newsletter below.

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

Contact Us

PHONE: (215) 277-1410

LOCATION

HISTORIC CHESTNUT HILL 

40 West Evergreen Avenue, Suite 104

Philadelphia, PA 19118

© 2023 MORICONI FLOWERS, LTD. ALL RIGHTS RESERVED.PRIVACY POLICY

Top 8 Cannabis Dispensary Designers You Need to Know

Posted on by Justin Moriconi
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Top 8 Cannabis Dispensary Designers You Need to Know

Start your cannabis business with a highly efficient and profit-grabbing dispensary design and layout plans from these expert dispensary designers.

Cannabis is a hot topic, even for those who don’t use it. From what was once tagged as a “black market,” both the cannabis industry and cannabis dispensary design have turned out as a wildly competitive marketplace. 

As legalization movements expand into several states allowing the sale of medical and recreational cannabis, cannabis has become more accessible for people to drive over and make their purchases. With the cannabis industry’s huge consumer market and its market value which is expected to triple to over $30 billion by 2025, cannabis dispensaries have opened up a new opportunity that entrepreneurs are starting to take advantage of. 

No wonder, cannabis is turning to be the “gold rush” in today’s marketplace, and dispensary design standards are also growing in popularity. 

If you’ve planned to open a cannabis dispensary, take note that it is not for the faint of heart, nor is it an easy feat. It requires a lot of hard work, time, and effort, not to mention the huge amount of starter capital.  But if you’re an entrepreneur who isn’t afraid to roll up their sleeves and face complex challenges, starting a cannabis dispensary – especially in New York, New Jersey, Pennsylvania, and other states which just legalized cannabis – is a great opportunity. 

Operating a cannabis dispensary is where one can pioneer in what is soon to be a massive, multibillion-dollar business that’s poised to grow into a profitable, ever-evolving industry. 

Cannabis Dispensary Design Matters

Cannabis dispensaries are safe, regulated establishments that require strict compliance with laws and regulations. 

When considering how to start a cannabis dispensary, one question that most ask is, “What dispensary design layout plan should I consider?” 

As a dispensary business owner, you want customers to have a pleasant experience and make your customers feel at home. Whether they need to buy something specific or looking around, encourage them to browse and make a purchase. 

It’s important to create a positive dispensary experience for cannabis customers, get creative with your store’s vibe, and be strategic about merchandising your cannabis.

With a well-designed workflow, you can guide customers as they move through your store and provide them with a wonderful and authentic experience. 

Three of the most critical factors to consider when starting a dispensary for the first time includes: 

  • What cannabis layout plan inspires the most purchases?
  • How to design a dispensary that appeals to your customers?
  • How to create a wonderful cannabis dispensary experience?

With a premier retail cannabis dispensary, you can elevate society’s perceptions of cannabis and its users, while protecting your investment at the same time.

Don’t worry since you don’t need to start your design from scratch. You just have to tap into the experience of cannabis business designers and architects for interior design considerations and standards.

Architects and cannabis interior designers are already taking the look of dispensaries to a new level. They assist people in starting a cannabis dispensary and established brands to create the best look and feel for their cannabis dispensary.

Our Top 8 Dispensary Designers

Here are the best dispensary designers who have already provided unparalleled expertise in the cannabis industry. Each of their dispensary layout plans and dispensary interior design showcases the impact of a well-designed interior and its impact on their client’s businesses and customers.

1. MJ12 Design Studio 

MJ12 Design Studio helps clients turn their visions into reality. Their services go beyond that of a typical architectural firm. They offer turnkey solutions such as full licensing application assistance, construction support from concept to project completion, project cost estimating, and property condition assessments.

With their deep understanding of the cannabis industry, cultivation methodologies, processing, extraction, infusion, and support amenities, ensure that dispensary facilities get to maximize their operations. 

One thing that makes their approach different is their MAST approach to design which is realized through rigorous Method (M), authenticity (A), Sustainability (S), and Technology (T). 

2. CLC Design Studio

For new and experienced businesses who need help in the cannabis industry, count on women-owned interior design firm CLC Design Studio’s assistance and expertise. What we really like about CLC Design Studio is their holistic approach, working with you on the details far before design plans are drafted up. They provide building and zoning code analysis, site location assistance, budget and schedule development, and interior design services for their clients. 

CLC Design Studio’s founder, Christina, is an excellent strategic partner with years of experience navigating the ins and outs of opening a dispensary. Her entire team has provided design assistance and consultation to projects in the states of Pennsylvania, New Jersey, Ohio, Connecticut, Massachusetts, and Missouri. 

3. High Road Design Studio  

Dozens of legal recreational and medical cannabis dispensary markets in the US have counted on High Road Design Studio’s exceptional interior design and branding solutions. Their unparalleled retail designs ushered the cannabis industry onto Main Street and into the mainstream. 

Entrepreneurs starting a dispensary in New Jersey and other states can count on their expertise in dispensary space planning, dispensary interior design, and dispensary branding solutions. 

4. Harka Architecture 

Taking great pride in the energy concern and carbon footprint of marijuana grow operations, Harka Architecture offers innovative design, healthy, and attractive design that inspires a better world and thoughtful lifestyle. Through their commitment to creating inspiring spaces with the lowest carbon footprint possible, they get to empower environmentally responsible and toxin-free lifestyles. 

One can count on Harka Architecture’s experience throughout the project dispensary design and permitting processes. They are also available to help business owners who need assistance in legalizing their existing cannabis projects. 

5. MerJ Architecture 

MerJ Architecture designs custom-tailored spaces that focus on customer experience, security, flow, and efficiency. The company, composed of a team of architects, designers, and experts, is exclusively dedicated to the cannabis industry. 

Their expertise in the rapidly-changing world of cannabis regulations and the technology of high-performance cultivation, extraction, processing, and testing laboratories are vital factors in the success of a cannabis dispensary business. 

6. The McBride Company 

Setting to innovate the Cannabis Retail Industry, The McBride Company believes that what makes a Cannabis Brand successful is more than just good interior design. They’ve assisted early innovators in creating a uniquely branded cannabis retail experience.  

The company specializes in strategic planning, comprehensive interior and architectural design, and development coordination for innovative projects. They’ve designed several dispensaries, consumption lounges, and a thematic Cannabis experience. One of their most notable projects was Pineapple Express, regarded as the best-designed dispensaries in the US. 

7. Sun Grown Studio

Grow your cannabis and hemp dream business with elevated interior design with the help of Sun Grown Studio. Your stunning cannabis dispensary is made possible through renderings, virtual consultations, and custom-designed plans. 

With their expertise in medical and recreational cannabis retail, you can ensure that your space reflects your mission, brand, and unique style. They help create a luxurious and functional layout, healing and fun environments, that flourishes beyond the common dispensary model. The company works in all states where cannabis is legal. 

8. SevenPoint Interiors

SevenPoint Interiors bring premium retail design and manufacturing to the cannabis industry. Their team of experienced cannabis dispensary interior design professionals will bring your concept to life and capture your brand personality. Their completed projects and concept designs showcase their expertise in retail planning, furniture, and cannabis display design while keeping their client’s budget in mind. If you need a turnkey solution, 

Let SevenPoint Interiors’s complete package of services from concept to installation work for you.

Starting a Marijuana Dispensary in 2021

The cannabis industry is on a roll and is poised to expand into several new markets. We can also expect more awe-inspiring dispensary designs to emerge as cannabis dispensary design continues to expand and innovate. 

The future of what a cannabis dispensary can be is for you to create. As cannabis entrepreneurs open their doors, you can’t afford to waste precious time, money, and resources on a poor dispensary layout. Your store’s layout has to be right for your customers and also the functionality of your business operation. 

With an effective dispensary layout, you have a better chance of running a  successful, lucrative dispensary. 

As customer experience plays a huge factor in how a dispensary layout looks, it’s also interesting to see how entrepreneurs will continue to take matters to greater heights considering buyer’s preferences, cultural adaptations, and the pandemic in its entity.

Working with cannabis-specific dispensary and interior designers saves you more time and money. With their distinct market focus, from concept through construction and operation, you can capitalize on the benefits of design, branding, and more. Their expertly tailored approach, breathtaking design concepts, and innovative retail strategies will provide you benefits to your return on investment year after year. 

And as you start to open your cannabis dispensary, ensure that you are operating safely and legally. 

For assistance and solutions, our team of experienced Cannabis Attorneys at Moriconi Flowers will assist you at all stages of your cannabis business journey.

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

Contact Us

PHONE: (215) 277-1410

LOCATION

HISTORIC CHESTNUT HILL 

40 West Evergreen Avenue, Suite 104

Philadelphia, PA 19118

© 2023 MORICONI FLOWERS, LTD. ALL RIGHTS RESERVED.PRIVACY POLICY

The 2021 Ultimate Guide to Choosing a Cannabis Attorney

Posted on by Justin Moriconi
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Cannabis Lawyer

The 2021 Ultimate Guide to Choosing a Cannabis Attorney

Overview

New Jersey, Virginia, and New York are the most recent examples of how the movement to fully legalize cannabis in the United States is gaining steam. And along with this push, a critical service is growing rapidly as well: the cannabis attorney.

Are you thinking about starting a cannabis business? It is in your best interest to interact with a cannabis attorney from the very moment you begin learning how to start a cannabis business, to your eventual expansion or sale. There are important stages at which a Cannabis lawyer is a must to engage with, including some situations you might not even have anticipated.

This comprehensive, yet easy-to-digest guide is dedicated to providing you with all the information you need about marijuana lawyers. By the end of it, you’ll understand…

  • What a cannabis attorney does;
  • When and why to contact them;
  • How much a cannabis attorney costs;
  • Where to find a cannabis attorney;
  • How to choose the right cannabis attorney for you;
  • And other relevant, miscellaneous information.

Common Questions About Cannabis Attorneys

Let’s start by getting some of the miscellaneous questions involving cannabis lawyers out of the way. 

  • What are the legal risks involved in starting a cannabis business?

The legal risks involved in starting a cannabis business are so deep, complicated, and far-reaching that it would take another guide to fully explain them all. There is a very high chance of penalties, a total loss of your investment, and even criminal prosecution if you fail to follow state regulations. It is for this same reason that a newcomer, especially one with no legal background or familiarity with state laws involving marijuana, will undoubtedly have a difficult time getting started and becoming successful in this industry without the assistance of a cannabis lawyer. 

  • Do I need to hire a cannabis lawyer in my state?

Since your cannabis lawyer will have to keep track of case law and changes in policy specific to your state, it makes absolute sense that your cannabis lawyer should be someone who fully understands the laws and regulations in your state.

  • What are criminal defense cannabis attorneys?

When it comes to the topic of cannabis attorneys the most common reference is for a cannabis attorney for a cannabis business. However there are attorneys that focus on the criminal defense of those related to cannabis. Not to be confused with Cannabis Business Attorneys, criminal defense cannabis lawyers will defend people against cannabis-related charges. Typically, they specialize in keeping their clients out of prison by homing in on the constitutional issues involving how authorities obtained evidence against them. For instance, seizing evidence while the accused is being held or while conducting a search teeters on the unconstitutional, and can render the evidence inadmissible in court.

  • How does one become a cannabis lawyer?

This question frequently comes up and since this is the ultimate guide to cannabis attorneys we figured we’d address it. Just like any other profession, a cannabis lawyer needs to have a license to practice. In order to do that, one must first complete their undergraduate studies at an accredited university, secure a law degree from a reputable institution, and pass the bar exam within the state they intend to practice law or operate a law firm. To specialize in the cannabis industry, the lawyer must devote time towards understanding the laws and regulations tied to it. The important takeaway for all who are investigating whether to start speaking with a cannabis attorney is that while all legal cannabis services provided require these guidelines, cannabis attorneys can vary in actual experience, ability, and resources to be the right fit for your business. 

What Does a Cannabis Lawyer Do?

Simply put, a cannabis attorney specializes in all things legal, with regard to starting and operating a cannabis business. A cannabis lawyer focuses on marijuana, hemp, CBD or cannabidiol, or any other legal cannabis industry.

A cannabis lawyer will work with you in every step of your cannabis business journey: obtaining a license and a permit, acquiring real property, zoning, support strategies with the community, corporate team building and management, forming the business structure, legal compliance, and even the eventual business sale (and your exit).

Here are the crucial roles that a cannabis lawyer will play throughout the course of your business path, from planning your business and applying for a license to your business succession or exit plans.

Stage 0: Pre-Startup (6-24 months out from licensure)

> Business Entity Formation and Planning

A cannabis attorney will help you with mapping out your strategy and laying out the legal foundation of your cannabis business. Usually if they are experienced in the industry they will be well connected to a network of  experts in many important fields that you must at some point engage with on your cannabis business journey. This can include business plan writers, designers, accountants, investors, general contractors, consultants, and more to address potential challenges regarding  all stages that you will go through. 

> Investments & Fund-Raising

Another crucial step that the cannabis lawyer plays a role in is helping with contracts and agreements when it comes to investments and fund-raising. More experienced cannabis attorneys are typically networked in with other cannabis-focused professionals and might be able to assist you in securing capital and operating investments that can best help you get your business up and running. The attorney will advise you regarding the right investors and investments, forming financial strategies and agreements that are effective in the cannabis market and ensuring the longevity of your business.

> Cannabis Licensing and Permitting Applications

It’s a hard reality in most cases that not everyone who applies for cannabis licenses and permits can get approval. In addition, many states in which cannabis is legal only grant a limited number of licenses. Without the help of a cannabis lawyer, all the resources and effort you devote towards these important requirements can just as easily go down the drain. Per our observation, most cannabis licensing opportunities are followed by a period of what could be years before any new licenses are granted again. The right attorney can give you an edge over your competition, regardless of which state you’re in.

Stage 1: Licensed 

> Real Estate Evaluation

Your real estate agreement plays a key role in your long-term business success, depending on the type of cannabis-related business you plan to get into. More often than not, however, state laws require that you, as the owner, should have control of the real property upon which your marijuana grow, dispensary, or other related business will be established. Your cannabis attorney will help you sort out the papers and be an experienced eye looking through your real estate agreements in this endeavor.

> Permits / Zoning / Compliance

Likewise, zoning and compliance also fall within the realm of expertise of a cannabis attorney. Legal compliance, as guaranteed by the right cannabis lawyer, will spare you from unexpected regulatory expenses, potential violations, and the possibility of business insolvency due to non-compliance.

Stage 2: Opening Doors

> Contract Drafting and Vendor Negotiation

Next comes negotiating and setting contracts with vendors. To effectively do so requires a multi-faceted perspective, as many business, legal, and consumer-related factors will come into play. Regardless of the size of your operations, a cannabis lawyer will help you make sure your relationship with your vendors will bring long-term benefits to you.

> On-Going Legal Challenges and Disputes

Expect the road towards a successful cannabis business to have occasional legal bumps every now and then. The key is to keep your dispute-related expenses to a minimum, or even nip them in the bud before they become problems in the first place. A competent, experienced cannabis lawyer has the foresight to quickly identify these issues, and can help you prepare for them in advance (or avoid them completely).

Stage 3: Selling the Business, Mergers & Acquisitions

If you’re getting into the cannabis business with the end goal of eventually selling your business, you absolutely need to form that strategy with a cannabis lawyer. In the same way, plotting your business development and expansion with a cannabis attorney will help you guarantee legal compliance every step of the way, while still maximizing your profit and growth.

How Much Does a Cannabis Lawyer Cost?

The quick answer: It varies, and it usually depends on the kinds of services they will provide and the firm they’re working with.

A cannabis lawyer from a smaller firm will likely cost less than an attorney from a bigger corporate firm. However, while it may be tempting to cut corners in this area by going for the cheapest possible option, that is absolutely not how you should decide on this matter. Take time to look carefully at who you’ll be working with, and gauge the value of your investment in your attorney. Will you get the most out of your dollar? Is your attorney competent, experienced, and well-versed in the cannabis laws of your state? 

When Should I Reach Out to a Cannabis Lawyer?

As established early on in this guide, the very beginning of your journey in building a cannabis business should involve a cannabis attorney. It doesn’t matter whether you already need an attorney’s services or not; this will keep an open line of communication to hear professional feedback from someone who can advise you on risks, potential blind spots, and practices that will help you succeed with your business goals.

Where Can I Find The Right Cannabis Lawyer?

As the Internet is full of cannabis lawyers, it can be overwhelming to make your decision based simply on your search results. Check out the following directories, where you will be most likely to find a cannabis lawyer who can best work with you on your business.

FindLaw: https://lawyers.findlaw.com/lawyer/practice/cannabis-law

Cornell: https://lawyers.law.cornell.edu/lawyers/cannabis-marijuana-law

Marijuana Business Daily: https://industrydirectory.mjbizdaily.com/dirsection/lawyers-legal-resources/

NORML: https://lawyers.norml.org/

Justia: https://www.justia.com/lawyers/cannabis-marijuana-law

Ganjapreneur: https://www.ganjapreneur.com/marijuana-lawyers/

How Do I Choose The Right Cannabis Lawyer for My Business?

Step 1 : Determine what your legal needs are.

Before you even start looking for an attorney, figure out exactly what you’ll need first in terms of legal expertise and assistance. Here are some guide questions to help you:

  1. What type of legal advice or guidance will I need to avoid future liabilities in terms of employment, contracting, laws, taxes, and other relevant areas?
  2. What are the operations-related gaps or challenges that my cannabis business will likely face (or is already facing)?
  3. Do I need assistance in raising additional capital, purchasing or leasing commercial property, or dealing with existing debts or assets?
  4. What do I want to achieve with my business within the next 5 to 10 years?
  5. What is my end goal for the business?

Step 2 : Obtain referrals from trusted, credible sources.

It helps to talk to someone you trust on legal matters, like a former or practicing lawyer whom you’ve known for a long time. If you already know the kind of assistance you need, your friend can help by pointing you in the right direction. You’ll have a much better chance of finding the right lawyer than if you do research on your own (although this is an option, of course). 

Step 3 : Familiarize yourself with each attorney and their law firms.

Don’t just take your friend’s word for it, though. Do your due diligence and find out as much about the lawyer and their law firm as you can. Take note of the number of years the lawyer has been practicing, how long the firm has been operating, where the lawyer graduated, or anything significant during their entire legal career. Take a look at the website or social media accounts of the attorney or the firm to get a better feel of who they are and how likely your relationship will succeed. Most importantly, check the bar website of your state to confirm whether the lawyer really can practice law in your state.

Step 4 : Schedule a consultation with your potential lawyer.

Reading about your possible lawyer can only get you so far. Schedule an initial consultation, preferably face to face, so that you can have a more in-depth discussion about what you need. Make sure, though, that you won’t get charged by the lawyer for this initial consultation! Additionally, make sure to meet at least three lawyers before you decide. Don’t just pin your hopes or settle for the first one you talk to.

Step 5 : Establish the payment structure early on.

In your meetings with possible cannabis lawyers, make sure to talk about fees and payment, especially if it seems like there’s potential for you to have a good working relationship. Clarify the fee structure (monthly, per transaction, and so on) with the lawyer, so that you can determine if your company can work within it and vice versa. It also helps to obtain bids for legal services, though secretarial time and other overhead expenses should already be included in the lawyer’s quoted hourly rate.

Step 6 : Weigh your options carefully.

Ultimately, the decision rests with you. Avoid lawyers who display red flags (e.g. they seem to be too busy, they take too long to process requirements, they seem to prioritize costly litigation over finding cost-efficient resolutions, etc.). After you speak to each of them, write down the pros and cons of each lawyer, depending on how they interacted with you and the behaviors they displayed during your meetings. Include other factors such as experience and cost as well, and you’ll be able to come up with the best decision in no time.

A final reminder: The success of your relationship with your cannabis lawyer also depends on your behavior as a client. Be open to sharing all important information with your lawyer, set clear rules and expectations regarding what you need and can expect from each other, and make sure to listen to what they say.

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

Contact Us

PHONE: (215) 277-1410

LOCATION

HISTORIC CHESTNUT HILL 

40 West Evergreen Avenue, Suite 104

Philadelphia, PA 19118

© 2023 MORICONI FLOWERS, LTD. ALL RIGHTS RESERVED.PRIVACY POLICY

EisnerAmper, Centri and Moriconi Flowers to Host Webinar: Building Your Cannabis Ecosystem

Posted on by Justin Moriconi
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EisnerAmper, Centri and Moriconi Flowers to Host Webinar: Building Your Cannabis Ecosystem

EisnerAmper, Centri and Moriconi Flowers have announced that they will host a webinar titled, “Building Your Cannabis Ecosystem” on Thursday, April 22, 2021 at 10:00 AM to 11:00 AM E. The webinar will feature Eric Altstadter, Partner at EisnerAmper LLP, Kevin McLaughlin, Director at Centri Business Consulting, LLC, and Justin Moriconi, Partner at Moriconi Flowers Ltd.

This webinar will show important information about steps for building a successful cannabis ecosystem. New Jersey Application Process, Capital Structure, Finance and Accounting and Capital Sourcing are among the topics that will be covered.

Those interested in Building Your Cannabis Ecosystem can register for the webinar by visiting 

https://www.eisneramper.com/webcast-new-jersey-cannabis-ecosystem-0421/

EisnerAmper LLP is a leading full-service accounting and advisory firm and among the largest in the United States. Founded in 1963, EisnerAmper provided services to more than 200 public companies and over 2,700 financial services entities.

Centri Business Consulting, LLC, founded in 2011, provides the highest quality finance and accounting consulting services. Centri provides companies with the expertise they need to meet their reporting demands.

Moriconi Flowers is a law firm dedicated to applying decades of legal expertise to emerging markets. With well over 30 years of combined law practice at law firms large and small, Ted Flowers and Justin Moriconi formed Moriconi Flowers Ltd. in 2016.

Subscribe

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Authors

Justinmoriconi

JUSTIN MORICONI

Building on almost 20 years in litigation, Justin’s practice specializes in regulated cannabis organizations consulting, formation, permitting, investment, expansion, and related ancillary legal services. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Justin continues to return results in the face of adversity and against large firms for clients in all aspects of business and litigation. Justin and co-founder of Moriconi Flowers, Ted Flowers, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

 
Ted-Flowers-moriconi

TED FLOWERS

A 1997 graduate of Temple Law School, Ted’s experience in liquor licensing matters, representing hotels, bars, restaurants, distillers, and distributors through all stages of the licensing and regulatory process, made a natural transition to cannabis law practice in 2016. Focusing on Cannabis law since 2016, Moriconi Flowers has successfully permitted applicants multi-state and on the Federal level. He is also co-owner of the first cannabis dispensary in Pennsylvania. Ted and co-founder of Moriconi Flowers, Justin Moriconi, regularly lecture on various topics on a local and national level in the commercial cannabis, security, insurance, and litigation space.

Contact Us

PHONE: (215) 277-1410

LOCATION

HISTORIC CHESTNUT HILL 

40 West Evergreen Avenue, Suite 104

Philadelphia, PA 19118

© 2023 MORICONI FLOWERS, LTD. ALL RIGHTS RESERVED.PRIVACY POLICY