Legal Question in Business Law in California

Once marijuana becomes legal for recreational use in California, what kind of measures would one need to take ( as far as but not limited to obtaining permits, licenses, etc.) in order to run a Marijuana Lounge for smoking and possibly night life? NOT a dispensary


Asked on 3/24/14, 1:28 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is basically un-knowable at least until recreational use is legalized, and even then, perhaps not for a few more months until the law is effectuated by the passage of state and local regulations designed to carry out the underlying law. Look, for example, at the myriad laws and regulations adopted to carry out the repeal of Prohibition.

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Answered on 3/24/14, 1:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Recreational use of marijuana might never become legal under California law, though it probably will. Assuming it does, the answers to your questions will depend on what the relevant statutes will say. Those laws have not been written yet, so we can't interpret them for you.

Bear in mind that the federal government still forbids possession, distribution, or use of marijuana. When state and federal laws conflict, the federal law trumps the state law. So even if California legalizes recreational marijuana, your proposed business would remain illegal unless and until federal law is changed.

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Answered on 3/24/14, 2:13 pm
Terry A. Nelson Nelson & Lawless

If and when it ever happens, contact your local city or county Business license department as a starting point for a list of 'compliance' rules and regulations.

Don't ignore Mr. Hoffman's advisory. Federal law still applies to prohibited drugs, and there are many federal inmates serving years of prison time for simple possession, let alone sales. California government and many of its citizens live in a lovely delusional PC dream world where whatever they want becomes 'legal' or accepted, regardless of the facts or reality. If you do end up opening a drug establishment, feel free to contact if and when you get arrested by state or federal authorities. I'll help you deal with the 'realities' of the law then.

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Answered on 3/25/14, 1:39 pm


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