Cannabis Business Entity Information€¦ · Cannabis Business Entity Information . It is...
Transcript of Cannabis Business Entity Information€¦ · Cannabis Business Entity Information . It is...
ALEX PADILLA California Secretary of State
Cannabis Business Entity Information It is anticipated that state licenses for medical and adult-use cannabis-related activities will begin being issued January 1,
2018. Please be aware that while California has a licensing and regulatory framework that permits cannabis-related activities
to be conducted in accordance with California law, there still may be conficts with federal law. Lawful cannabis cultivation,
transportation, distribution, testing, dispensing, and manufacturing under California law are highly regulated and licensed
by California State and local government entities. To ensure compliance with law, if you are unclear about the local or state
requirements applicable to your business entity, prior to commencing any activities involving cannabis, you may wish to
contact the appropriate licensing agency for further information or consult a private attorney who is licensed to practice law in
California. The Secretary of State has been accepting organization documents for cannabis-related business entities. Starting
January 2018, the Secretary of State will accept flings for the newly created entity type: Cannabis Cooperative Association.
Filing organization documents with the California Secretary of State (at bizfle.sos.ca.gov under Forms, Samples and Fees)
alone does not provide an entity/organization with the necessary licenses to conduct cannabis-related activities. For infor-
mation regarding licensing requirements, please contact the California city and/or county where the physical location of
the commercial cannabis-related activities will take place and the state agency, bureau, or board with jurisdiction over the
cannabis-related activities to be conducted in California. Additional information is available through the California Can-
nabis Portal at cannabis.ca.gov.
State Cannabis Licensing Authorities
Bureau of Cannabis Control
Department of Consumer Affairs
The Bureau licenses Testing Labo-
ratories, Distributors, Retailers and
Micro-Businesses.
bcc.ca.gov
Email: [email protected]
Phone: (800) 952-5210
CalCannabis Cultivation
Licensing Program
Department of Food & Agriculture
CalCannabis licenses cannabis Cul-
tivators and administers the Track-
and-Trace system.
calcannabis.cdfa.ca.gov
Email: [email protected]
Phone: (916) 263-0801
Manufactured Cannabis Safety
Branch (MCSB)
Department of Public Health
MCSB licenses Manufacturers of can-
nabis products, such as edibles.
cdph.ca.gov/mcsb
Email: [email protected]
Phone: (916) 440-7861
State Taxing Authorities
California Department of Tax and Fee Administration (CDTFA) administers business permits and taxes including Seller’s Permits, Sales and Use Taxes, Excise Taxes and other special taxes: http://cdtfa.ca.gov/
Employment Development Department (EDD) administers four state payroll taxes – Unemployment Insurance (UI), Employ-ment Training Tax (ETT), State Disability Insurance (SDI), and Employee Personal Income Tax (PIT). Employers must with-hold, report and pay Payroll Taxes: http://www.edd.ca.gov/Payroll_Taxes/Cannabis_Industry_Payroll_Tax_Reporting.htm
Franchise Tax Board (FTB) administers two of California’s major tax programs - California Business Franchise Tax and Cali-fornia Income Tax: ftb.ca.gov/cannabis
Board of Equalization (BOE) reviews and adjusts assessments for property taxes: boe.ca.gov
REV (11/2017) 2017 California Secretary of State bizfle.sos.ca.gov
STARTING A NEW BUSINESS CHECKLIST:
___ 1. Prepare and Plan (do market research and create an outline of your business)
___ 2. Secure Financing (if necessary)
___ 3. Choose an Entity Type (e.g. LLC, Corporation, LP, LLP, GP, or Sole Proprietorship) and Business Name
___ 4. Register Your Business with the Secretary of State (LLC, Corporation, LP, LLP or GP)
___ 5. Register a Fictitious Business Name (if necessary)
___ 6. Choose a location and check local zoning regulations
___ 7. Obtain specialty licenses and permits (if necessary)
___ 8. Employer Responsibilities (if necessary: EIN Number,workers' compensation, etc.)
___ 9. Tax Information (FTB, BOE, EDD, IRS)
___ 10. Ongoing Secretary of State Filing Requirements (Statements of Information)
bizfile.sos.ca.gov