Medical Marijuana – Cannabis Lawyer | HLG https://cannabisindustrylawyer.com Law Firm For Marijuana And Hemp Businesses Mon, 14 Jul 2025 17:58:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://cannabisindustrylawyer.com/wp-content/uploads/2020/11/leaf-favicon.png Medical Marijuana – Cannabis Lawyer | HLG https://cannabisindustrylawyer.com 32 32 Georgia Medical Cannabis Production License https://cannabisindustrylawyer.com/georgia-medical-cannabis-production-license/ Wed, 25 Nov 2020 23:05:09 +0000 https://cannabisindustrylawyer.com/?p=229779

Georgia Medical Cannabis Production LicenseGeorgia Medical Cannabis Production License

Georgia is accepting applications for medical cannabis production Licenses. After the state allowed the use of medical marijuana in 2015, the General Assembly finally passed a bill permitting marijuana production and sale in Georgia and now applications are open.

The Georgia Access to Medical Cannabis Commission unanimously approved the process that will allow nearly 14,000 registered patients in Georgia to obtain oil for treatment in the state. If you are interested in joining the cannabis industry in the Peach State.

Applications are due on December, 28, and with such a short time frame you should move quickly to submit your application on time. Production licenses are expected to be issued by March 2021.​

Types of Cannabis Licenses in Georgia

Georgia Medical Marijuana Class 1 Producer License

The Class 1 Production License authorizes a licensee to:

  • Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 100,000 square feet of cultivation space
  • Manufacture low THC oil

The commission will issue two Class 1 production licenses.

Georgia Medical Marijuana Class 2 Producer License

Class 2 Production License authorizes a licensee to:

  • Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space
  • Manufacture low THC oil

The commission shall issue four Class 2 production licenses.

Number of Cannabis Production Licenses in Georgia

Georgia does establish a very limited number of licenses to be issued statewide. The state allows six licenses to be issued for the cultivation of medical marijuana, which can have no more than 5% THC.

The commission will award licenses to two 100,000-square-foot facilities and four 50,000-square foot facilities.

What Cannabis Products Can A Class 1 and Class 2 Medical Marijuana Licencee Produce?

Georgia laws allow a Class 1 and Class 2 Production License to produce low-THC oil. Georgia law does not allow Production Licensees to manufacture or produce cannatol, tinctures, topicals, rapid onset sublinguals, edibles, inhalable, etc. These products are prohibited for manufacture and sale in Georgia.

Cost of Medical Cannabis Production License in Georgia

  • A Class 1 Production License requires a non-refundable application fee of $25,000, an initial license fee of $200,000 and license renewal fee of $100,000.
  • A Class 2 Production License requires a non-refundable application fee of $5,000, an initial license fee of $100,000 and license renewal fee of $50,000.

Cannabis Production Licenses Application Process in Georgia

The application processes for both types of medical cannabis production license in Georgia are open to the general public.

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Here are the Instruction to Apply for the Cannabis Production License in Georgia:

Class 1 Medical Cannabis Production License

Class 2 Medical Cannabis Production License

Applicant Questionnaire

Those applying for a medical cannabis production license in Georgia must submit the following questionnaire answered with the application.

Applicants will have to provide security at its facility, establish electronic video monitoring and use keycards that log employee and visitor access. Also, a “seed-to-sale” tracking to account for the product’s whereabouts throughout production is required. Law enforcement will be allowed to inspect the facility on demand.

Can Applications Be Submitted For Both Class 1 And Class 2 Production License?

Georgia law does not prohibit submitting a proposal for both Class 1 and Class 2 Production Licenses. However, if a proposal is selected for a license award in one class, but ownership interests in another class are prohibited.

“No person or entity holding an ownership interest in a license issued under this code section may hold an ownership interest in any other type of license issued under this part.”

“Ownership interests in more than one license shall be cause for revocation of all licenses.”

Does A Production License Include A Dispensing License?Georgia Medical Cannabis Production License

A production license in Georgia does not include a dispensing license. The Commission has not yet established the requirements for Dispensing License nor rules to regulate medical cannabis dispensaries.

The dispensary license application process will begin in 2021 after the 2020 Class 1 and Class 2 Production License application cycle.

Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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How To Get A Cannabis License in South Dakota https://cannabisindustrylawyer.com/south-dakota-cannabis-licensing/ Thu, 12 Nov 2020 22:16:39 +0000 https://cannabisindustrylawyer.com/?p=228652 HOW TO GET A MARIJUANA LICENSE IN SOUTH DAKOTA-2

How To Get A Cannabis License in South Dakota

Updated September, 2021

South Dakota has recently gone one step closer to legalizing medical marijuana. On September 13, 2021, the legislative panel in charge of establishing the rules that would govern South Dakota’s new medical marijuana legislation approved a number of proposed regulations and returned others for further study, in a critical administrative step toward the new statewide program’s launch.

The South Dakota Legislature’s Rules Review Committee gave “the green light to most of the 124 pages of proposed regulations for medical cannabis in South Dakota from the state Department of Health” on Monday.

Other proposed measures, on the other hand, were rejected by the committee. According to the Associated Press, the panel members rejected one proposal “that would have limited the amount of high-potency marijuana that patients could possess, required medical practitioners to write a recommendation for patients who wanted to grow more than three cannabis plants, and defined a list of conditions that would qualify for a medical marijuana recommendation.”

Medical Marijuana Program

On Election Day 2020, voters passed Measure 26, clearing the path for South Dakota to establish a medical marijuana program.

Measure 26 allows for a variety of medical cannabis licenses.

  • Medical Cultivation license – an entity that purchases, owns, cultivates, distributes, transfers, transports, furnishes, or sells cannabis and related materials to a medical cannabis facility in accordance with the provisions of the Act.
  • Medical Dispensary license – a person or business registered with the department under the Act who obtains, keeps, stores, distributes, transmits, transports, sells, furnishes, or dispenses cannabis, cannabis products, paraphernalia, or associated supplies to cardholders
  • Medical Manufacturing license – an entity that gets, owns, manufactures, distributes, transmits, transports, furnishes, or sells cannabis goods to a medical cannabis dispensary in compliance with the act

Recreational Marijuana Program

Measure 26 also established a recreational marijuana program. The Department of Revenue is in charge of regulating and licensing businesses in the state that cultivate, produce, test, transport, deliver, and sell marijuana. The department is in charge of accepting and issuing the following licenses:

  • Cultivator/Manufacturer.
  • Testing.
  • Distributors/Transport.
  • Retail

Furthermore, while determining the proper number of licenses to issue, the department must consider the following factors:

  • They must issue enough licenses to significantly diminish illegal marijuana cultivation and sale throughout the state; and
  • They must, if necessary, limit the number of licenses given in order to avoid an excessive concentration of licenses in any one municipality.

Local governments may adopt rules or restrictions limiting the time, place, method, and number of licenses operating within their jurisdiction, including outright prohibition of marijuana businesses.

However, there’s no clear date when the recreational program will be available, as there is a lawsuit pending.

Gov. Kristi Noem has led the battle against legal marijuana, sponsoring a lawsuit specifically targeting recreational cannabis. The case is currently being considered by the state’s Supreme Court.

South Dakota Cannabis License Applications

On September 13, 2021 the Legislature’s Interim Rules Review Committee approved the Department of Health’s proposed administrative rules to establish a medical cannabis program in South Dakota. The legislature approved 143 of 149 proposed rules.

According to the newest administrative rules, you will need to prepare the following:

  • Written procedures for implementing corrective action and preventive action, as described in the administrative rules.
  • Proper lighting, sufficient for observers to see and cameras to record any activity within ten feet of the gate or entry. A motion detection lightning system may be employed to light required areas in low-light conditions.
  • Commercial grade locks intended for facilities requiring high levels of physical security, are required on all perimeter entry doors. All windows must be in good condition and lockable.
  • All medical cannabis establishment must permanently fix security cameras, at each exterior door and gate, at each door separating non-public areas of a dispensary from areas in which sales to patients and designated caregivers are made and in sufficient number to allow the viewing, in its entirety, of any area where cannabis plants, products or waste are cultivated, manufactured, stored, destroyed, or prepared for transfer, sale, or testing. The system must meet a series of requirements established in the administrative rules.
  • A medical cannabis establishment must maintain an alarm system.
  • All agents from the establishment must have identification badges.
  • All agents must receive at minimum two hours of training in record-keeping.
  • The storage of a medical cannabis establishment must comply with specific requirements established in the administrative rules.

Further, each type of license has their own set of specific requirements that you must comply with.

It’s a good idea to employ a consulting business to help you get licensure. To apply for a license, it is not as simple as paying a fee and describing your business plans. The application can take hundreds of pages. The operation is generally lengthy and complex.

You may also encounter legal and financial jargon that you are unfamiliar with. Working with a firm that has a proven track record of obtaining cannabis licenses can help you stand out.

RELATED: Ohio Marijuana Dispensary License Application

Securing Capital

Cannabis laws differ from state to state, but one thing is constant across borders: cannabis is illegal at the federal level. It is classed as a Schedule I substance and is a prohibited drug. This means that traditional lending institutions, such as banks, are not allowed to work with you. This will continue until the federal government decriminalizes or legalizes marijuana. Hemp was removed from the Schedule I Substances list with the passing of The Farm Bill in 2018.

So, in the meanwhile, your options are private investors and bootstrapping. Given that dispensaries cost approximately $150,000 to run on the low end and $2 million on the high end, few cannabis entrepreneurs are bootstrapping. Private investors are probably your best bet.

Staffing Cannabis

As a dispensary owner, one of the most essential drivers for a positive client experience is correctly staffing your establishment. Keep in mind that South Dakota is legalizing two cannabis programs at the same time. As a result, you will have many clients who have never tried cannabis before. Your staff will be responsible for educating customers and recommending goods to both new and seasoned cannabis users. When recruiting budtenders, make sure you have a robust training program in place.

Sourcing Product

Finding suppliers is one of the most important tasks in starting a dispensary in South Dakota. Your items are what will attract customers to you; you will not prosper if you offer substandard quality.

Compliance Considerations

Municipal governments and jurisdictions will need to develop their own zoning rules for dispensaries and growing operations and you must comply with them.

Further, as mentioned above, in South Dakota dispensaries need to invest in high-quality cameras, inventory management, quality control, health and safety measures, cash controls, and more.

RELATED: How to open a dispensary in Ohio

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Mississippi Medical Marijuana Legalization | JUNE 2022 UDPATE https://cannabisindustrylawyer.com/mississippi-medical-marijuana-legalization/ Thu, 05 Nov 2020 22:40:04 +0000 https://cannabisindustrylawyer.com/?p=228315

Updated in June 2022

Mississippi Medical Marijuana LegalizationMississippi Medical Marijuana Legalization

The legalization of medical marijuana arrived in Mississippi! The state voted in favor of the Mississippi Medical Cannabis Act on January 26 to ensure the availability and safe access to medical marijuana for qualified persons with debilitating medical conditions.

Mississippi has become the 37th state to legalize medical marijuana after Mississippi voters approved Initiative Measure No. 65 back in November 2021 and the state legislature approved the Mississippi Medical Cannabis Act on January 26. This medical marijuana bill allows patients with debilitating medical conditions will now be able to access and make use of medical cannabis, with the approval of a Mississippi licensed physician.

This initiative proposes to amend the Mississippi Constitution to legalize medical marijuana to allow patients with at least one of 22 debilitating medical conditions to use medical marijuana, under the approval of Mississippi licensed physicians and licensed treatment centers.

The Mississippi State Department of Health will set up a regulated program to establish how medical cannabis will be grown, processed, and made available to ensure safe and secure access for qualified patients. This is an important step forward in ensuring that all patients who could be treated and benefit from medical cannabis have legal and easy access to it.

Is medical marijuana legal in Mississippi?

Yes, it is!. The Mississippi Medical Cannabis Act made it possible for people with certain medical conditions could get a medical cannabis license in Mississippi. The medical conditions that qualify cannabis patients include:

  • Cancer
  • Epilepsy
  • Alzheimer’s disease
  • HIV/AIDS
  • Cachexia or wasting syndrome
  • Chronic pain
  • Severe nausea
  • Seizures
  • Persistent muscle spasms
  • Illnesses or severe injuries in the spine cord
  • Post-traumatic stress disorder
  • Crohn’s disease
  • Ulcerative colitis
  • Huntington’s disease
  • Sickle cell anemia

To get a medical cannabis license in Mississippi, a person must first get a recommendation from a doctor. They then submit an application to the Department of Health. Once they have been approved, they will be able to purchase medical marijuana from a licensed dispensary that will deliver medically prescribed doses.

Medical marijuana has shown to be effective in treating qualifying medical conditions. For example, CBD (cannabidiol) is one of the main compounds in medical marijuana. CBD has been shown to help reduce seizures in people with epilepsy. THC (tetrahydrocannabinol) is another main compound in medical marijuana. THC has been shown to help relieve pain and improve appetite in people with HIV/AIDS. Medical marijuana has also been shown to help reduce the size of tumors and improve the quality of life for people with cancer.

How to obtain a medical cannabis business license in Mississippi

In order to get a medical cannabis business license in Mississippi, applicants must first submit an application to the Mississippi State Department of Health. The application must include a non-refundable fee of $100 and proof that the applicant has met all of the requirements for licensure in compliance with Mississippi medical cannabis law.

Requirements for licensure include:

  • Being at least 21 years of age
  • Completing an approved medical cannabis education program,
  • Passing a criminal background check
  • Having a valid Mississippi state license to practice medicine

Once the application is received and reviewed by the Mississippi Department of Health, the applicant will be contacted to schedule an interview. During the interview, the applicant will be asked questions about their business plan and their ability to operate a medical cannabis business in Mississippi.

After the interview, the Department of Health will review all of the information and make a decision on whether or not to issue a license. If a license is granted, the applicant will be required to pay an annual fee of $5,000.

What are the types of business licenses for medical cannabis in MS?

There are six types of business licenses for medical cannabis in the Mississippi legislature:

  • Cultivator/Grower: that allows to grow and sell medical marijuana
  • Processor/Wholesaler
  • Transporter/Delivery: that legal protection and authorization to transport and deliver medical cannabis in the state
  • Testing Lab: a license that allows creating, testing, and studying marijuana, its effects, and the uses of cannabis, cannabinoids, THC
  • Dispensary: An industry license that allows businesses to distribute and sell marijuana and cannabis products
  • Waste Disposal: a cannabis industry license that deals with the correct disposal of marijuana wastes (unprocessed roots, stems, seeds, leaves, etc)Mississippi Medical Marijuana Legalization

The Mississippi Secretary of State Office is the only regulatory entity that will issue a limited number of licenses, so competition is likely to be fierce. Furthermore, businesses will need to meet strict regulations in order to obtain a license. However, those who are able to obtain a license will be able to tap into a rapidly growing industry that could be worth $22 billion by 2022. As more states legalize medical cannabis, the market is likely to continue to expand, making now an ideal time to start a Mississippi medical cannabis business.

Mississippi Medical Marijuana Laws – Initiative 65 PDF

RELATED POST: SOUTH DAKOTA MARIJUANA LAWS

RELATED POST: ARIZONA MARIJUANA DISPENSARY APPLICATION

What is the limit of medical marijuana allowed in Mississippi?

Patients will be permitted up to 2.5 ounces of cannabis every two weeks. Medical marijuana treatments centers are not allowed to provide to qualified patients, during any one fourteen-day period, an amount of medical marijuana that exceeds 2.5 ounces by weight

Patients will be required to apply for a medical marijuana card, which would be renewed annually and can not cost more than a reasonable fee of up to Fifty Dollars

Does Mississippi allow home cultivation?

Since the current Mississippi Medical Cannabis Act only allows growing and cultivating cannabis seeds and plants indoors and in safe, regulated facilities, Mississippi does not permit qualified patients to grow marijuana in their homes.

What is the number of licenses allowed for the Medical Marijuana industry in Mississippi?

Mississippi, contrary to many other states in the United States, does not have a statewide limit for the number of licenses to be granted for medical marijuana treatment centers.

And when it comes to local regulations, zoning provisions applicable to retail dispensaries can be no more restrictive than those for a licensed retail pharmacy, and zoning provisions applicable to other businesses that fall within the definition of medical marijuana treatment centers shall be no more restrictive than other comparably sized and staffed lawful commercial or industrial businesses

The initiative also states that medical marijuana treatment centers have to be located within five hundred feet of a pre-existing school, church, or licensed child care center.

The department has to adopt final rules and regulations no later than July 1, 2021. The department has to begin issuing identification cards and treatment center licenses no later than August 15, 2021

What are the tax rates for Medical Marijuana in Mississippi

According to the Mississippi Department of Revenue, there are two taxes associated with medical cannabis licenses:

  • 5% excise tax for first sale/exchange for medical cannabis cultivators
  • Standard 7% sales tax dispensary must charge to cardholders.

What is 65A Initiative?

Initiative 65A was the legislature’s alternative medical marijuana amendment, that restricted medical cannabis use to terminally ill patients.

It did not specify the qualifying medical condition, possession limits, or a tax rate. Many details would have needed to be set by the medical marijuana law in Mississippi. This initiative did not pass

  • Marijuana products would have been produced by manufacturers at a pharmaceutical grade.
  • Marijuana could not have been smoked except by those with terminal medical conditions,
  • Treatment would have needed to be overseen by licensed physicians, nurses, and pharmacists

What is the future of recreational cannabis in Mississippi?

The future of a recreational marijuana program in Mississippi is promising. The state currently just legalized medical cannabis use, and there is significant interest from businesses in setting up a medical cannabis operation in the state.

However, it is unclear whether the state will allow the recreational use of cannabis. Currently, only eight states and Washington D.C. have legalized recreational cannabis and have a marijuana policy project for adult-use cases. If Mississippi were to legalize recreational cannabis, it would be a major boost to the state’s economy.

Cannabis businesses generate a lot of revenue, and tax revenue from cannabis sales could be used to fund education, infrastructure, and other vital state programs. Moreover, legalizing recreational cannabis would create jobs and generate new economic activity. A recent study estimated that legalizing recreational cannabis in Mississippi could create over 2,000 new jobs and generate $100 million in tax revenue each year. Given the potential benefits, it is likely that the state will eventually legalize recreational cannabis.

Remember: the cannabis industry is heavily regulated and getting help from the industry, and business experts are recommendable.

And lastly, don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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Can You Grow Marijuana in Michigan https://cannabisindustrylawyer.com/can-you-grow-marijuana-in-michigan/ Wed, 14 Oct 2020 19:30:38 +0000 https://cannabisindustrylawyer.com/?p=227826

Can you grow marijuana in michigan

“Can I grow weed in Michigan?” is a very popular question. Before you start home growing in your State, make sure you know the answer. Stay compliant with your state laws, or else you may risk criminal penalties. 

It is legal to grow marijuana in Michigan. But there are certain rules you must follow. If you are interested in growing weed in Michigan here is all you need to know about marijuana laws in Michigan, to help you avoid any uncomfortable situations with the law.

How Much Marijuana Can You Grow in Michigan

A lot. Adults of 21 or older can grow up to 12 plants at home. This is adult home grow, which is different from other states that only allow medical home grow.  Opposed to the majority of states that allow only six plants per household, in Michigan you can grow double that limit, Alaska is the other state with 12 plants per house limit.

Take note that the limit is per household and not per person. Meaning, if there are two adults the limit is still twelve and not 24 plants.

For medical marijuana caregivers, in Michigan they are allowed up to five patients registered to them and can grow up to 12 plants for each of them.

Here is the Full Text of the Law that allows Home Growing in Michigan

Do I Need a License to Grow Marijuana in Michigan

To grow marijuana in your home in Michigan as long as you comply with the state limit mentioned and it is destined exclusively for personal use, you do not need a license.

 


Where can I grow my Marijuana in Michigan

Michigan does have limitations on where you can keep your plants. The law states that:

  • Plants can’t be visible to the public, without the use of binoculars, aircrafts or other optical aids.
  • Plants can’t grow outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.

Can I Make Cannabis Concentrate?

Can you grow marijuana in Michigan

If you are a Michigan resident who is interested in turning your home grown flower into homemade extracts, the good news is that there is no limit to the amount of concentrate you can keep from your Michigan home grown plants.

The not so good news is that using volatile substances to produce concentrates are strictly prohibited in Michigan. This includes the use of butane, extreme heat, or dangerous lab equipment all together.

You can still use natural heat or water based methods to make your own concentrates, like bubble bags or ethanol without heat or pressure.

The point is, you could only produce cannabis concentrates using volatile substances if you have a licensed non-residential facility.

Can I Sell What I Grow Home?

In Michigan, home growers can’t profit from selling their home grown. Selling marijuana without state and local licensing is illegal.

However, gifting marijuana and infused products to adults over 21 in Michigan, is not illegal.

You can give up to 2.5 ounces of usable flower or 15 grams of concentrate.

Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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Medical Marijuana - Cannabis Lawyer | HLG - Medical Marijuana nonadult