How do I grow marijuana legally for a living?
August 13, 2013 2:44 PM Subscribe
I live in Arizona, where medical cannabis has been state law for two years now. The industry is still a wee sapling, and it's a dream of mine to legally grow and sell to dispensaries and to patients directly. This is the best time to make my dream happen, before the market blossoms, yeah?
Puns aside, I'm having significant trouble finding accurate and helpful information on the internet--how do I do legal cannabis growing? What's the application I need to turn in to which department to receive which license? What are the do's and don't's and points of etiquette in handling a federally illegal substance?
Tell me what I need to know!
This is not a "how do I grow weed?" question, I'm not looking for pH levels. It's a question about bureaucratic hoops one must jump through concerning Arizona's medical marijuana system.
This is not a "how do I grow weed?" question, I'm not looking for pH levels. It's a question about bureaucratic hoops one must jump through concerning Arizona's medical marijuana system.
Surely there must be professional associations, like with pharmacists?
posted by The Underpants Monster at 2:51 PM on August 13, 2013
posted by The Underpants Monster at 2:51 PM on August 13, 2013
I have a good friend that use to work in the AZ Attorney General's office doing license enforcement for Medical MJ. I'll give him a call when I get home tonight and see if he has any good resource recommendations.
posted by Arbac at 2:56 PM on August 13, 2013
posted by Arbac at 2:56 PM on August 13, 2013
This is one of those businesses where you absolutely must have a lawyer. Doing this wrong gets you in the federal pen.
posted by Ironmouth at 2:58 PM on August 13, 2013 [5 favorites]
posted by Ironmouth at 2:58 PM on August 13, 2013 [5 favorites]
If Arizona is anything like Colorado, enterprising attorneys have setup shop in order to help people like yourself get into the market without messing up and getting charged criminally. Unless there have been great gains in the business, one of the biggest issues growers in a lot of states face is the problem of banks not wanting to setup business accounts since the business is still illegal under federal law. A good attorney should be able to guide you through that sort of thing as well.
posted by craven_morhead at 2:59 PM on August 13, 2013 [2 favorites]
posted by craven_morhead at 2:59 PM on August 13, 2013 [2 favorites]
Not to derail, but I do want to make sure you go into this with your eyes open: No matter what Arizona might say, marijuana is illegal to grow, possess, or use anywhere in the United States. While the feds have not yet completely shut down state-level medical programs, understand that that weight is hanging over everything you do.
Federal law trumps state law, period. Arizona can no more make marijuana legal than Mississippi can make slavery legal.
posted by Hatashran at 5:01 PM on August 13, 2013
Federal law trumps state law, period. Arizona can no more make marijuana legal than Mississippi can make slavery legal.
posted by Hatashran at 5:01 PM on August 13, 2013
I can't speak for Arizona, but this is how a close friend of mine approached it in California.
1. Get an attorney; if you can find one who is experienced in business law and more specifically, cannabis law, so much the better. Get his/her advice first.
2. Form a non profit corporation (a collective) specifically for the growing of cannabis. Remember, you don't sell the medicine for profit, you take donations as a non profit.
3. Get the licensing. In California, each member of a collective can grow 12 plants, and have 6 mature plants. Each member of the collective has to get a medical exemption AND join the collective. The collective can grow the number of plants as determined by the number of members. There is a an additional license whereby a member of a collective can grow 99 plants (for 99 plants per licensed member). I am certain the law in AZ is different. You and a couple of friends should be able to license enough plants to get started. Dispensaries do not have to be members of the collective, but they do have to have their own legal status. Your collective membership is so you can grow plants; ideally, everyone working at the collective should be a member.
4. Contact local dispensaries and find out what they are buying (er...donating for). You may want to stay away from derivatives such as hashish and oil/butter. You can incur health department regulations as well as complications with state law if you get into food additives, edibles, and so on. Most dispensaries in Southern California seem to be boutique operations looking for very, very high quality medicine. This is largely a factor of appearance, density, strain, and absent any molds or insects (clean, dense nuggets). Outdoor grows are very difficult due to the last two items. Indoor grows fare better, but of course crop yields and costs are different.
5. Stay above board with everyone you deal with. Be honest, open, but discreet.
6. Find a place to grow, and tell the owner (if you are leasing) what you are doing. Do not try to hide your operation. Remember, what you are doing is LEGAL, though many people may not like it. Be discreet and keep security in mind.
7. Do not sell/transfer medicine to anyone who does not have a medical exemption. Period.
8. Obviously, watch for local zoning ordinances and restrictions. Like being a liquor store or a sex oriented business.
After that, it's just the agricultural factors.
tl:dr? Get an attorney and do everything straight up and above board. You are operating a legal concern, act like it.
posted by Xoebe at 5:21 PM on August 13, 2013 [2 favorites]
1. Get an attorney; if you can find one who is experienced in business law and more specifically, cannabis law, so much the better. Get his/her advice first.
2. Form a non profit corporation (a collective) specifically for the growing of cannabis. Remember, you don't sell the medicine for profit, you take donations as a non profit.
3. Get the licensing. In California, each member of a collective can grow 12 plants, and have 6 mature plants. Each member of the collective has to get a medical exemption AND join the collective. The collective can grow the number of plants as determined by the number of members. There is a an additional license whereby a member of a collective can grow 99 plants (for 99 plants per licensed member). I am certain the law in AZ is different. You and a couple of friends should be able to license enough plants to get started. Dispensaries do not have to be members of the collective, but they do have to have their own legal status. Your collective membership is so you can grow plants; ideally, everyone working at the collective should be a member.
4. Contact local dispensaries and find out what they are buying (er...donating for). You may want to stay away from derivatives such as hashish and oil/butter. You can incur health department regulations as well as complications with state law if you get into food additives, edibles, and so on. Most dispensaries in Southern California seem to be boutique operations looking for very, very high quality medicine. This is largely a factor of appearance, density, strain, and absent any molds or insects (clean, dense nuggets). Outdoor grows are very difficult due to the last two items. Indoor grows fare better, but of course crop yields and costs are different.
5. Stay above board with everyone you deal with. Be honest, open, but discreet.
6. Find a place to grow, and tell the owner (if you are leasing) what you are doing. Do not try to hide your operation. Remember, what you are doing is LEGAL, though many people may not like it. Be discreet and keep security in mind.
7. Do not sell/transfer medicine to anyone who does not have a medical exemption. Period.
8. Obviously, watch for local zoning ordinances and restrictions. Like being a liquor store or a sex oriented business.
After that, it's just the agricultural factors.
tl:dr? Get an attorney and do everything straight up and above board. You are operating a legal concern, act like it.
posted by Xoebe at 5:21 PM on August 13, 2013 [2 favorites]
7. Do not sell/transfer medicine to anyone who does not have a medical exemption. Period.
I want to emphasize this. Although I am not certain, I think most of the prosecutions of medical marijuana businesses have been based on the fact that the drug was getting to persons who were not medically cleared. No matter what, doing that will get the law on you quick.
In short, this is a business you must enter with eyes wide open.
I am a lawyer, I am not your lawyer and this is not legal advice.
posted by Ironmouth at 6:53 PM on August 13, 2013
I want to emphasize this. Although I am not certain, I think most of the prosecutions of medical marijuana businesses have been based on the fact that the drug was getting to persons who were not medically cleared. No matter what, doing that will get the law on you quick.
In short, this is a business you must enter with eyes wide open.
I am a lawyer, I am not your lawyer and this is not legal advice.
posted by Ironmouth at 6:53 PM on August 13, 2013
Get in touch with the National Cannabis Industry Association. Their Executive Director, lives in Arizona and should have good contacts there. They're a solid organization and Aaron's a good guy.
posted by gingerbeer at 7:13 PM on August 13, 2013 [1 favorite]
posted by gingerbeer at 7:13 PM on August 13, 2013 [1 favorite]
Also, this may be obvious, but the legal and political environment varies a LOT from state to state, so advice based on what works in one state's legal environment may or may not be helpful in another state. And good luck!
posted by gingerbeer at 7:15 PM on August 13, 2013
posted by gingerbeer at 7:15 PM on August 13, 2013
My friend recommends contacting Jeffery Kaufman. He's an attorney with a lot of experience setting up dispensaries and other mmj related businesses as well as challenging license denials. His information is available on his website.
posted by Arbac at 8:58 AM on August 14, 2013
posted by Arbac at 8:58 AM on August 14, 2013
This thread is closed to new comments.
posted by HuronBob at 2:48 PM on August 13, 2013 [2 favorites]