Additional Commercial Cannabis Licensees Are Now Eligible For 60-day Fee Deferrals

After extending an initial round of regulatory relief to licensed cannabis businesses with state commercial cannabis licenses expiring between May 14 through June 30, 2020, California’s three statewide cannabis licensing bodies – the Bureau of Cannabis Control (“BCC” or “Bureau”); CalCannabis Cultivation Licensing (“CDFA”); and the Manufactured Cannabis Safety Branch (“CDPH”) – will be extending regulatory relief to additional licensed cannabis businesses with state licenses expiring between July 1, 2020 and August 31, 2020.

A 60-day Deferral Of Annual Cannabis License Fees

With COVID-19 cases on the rise again in parts of California, the extension of regulatory relief aims to immediately alleviate some of the financial stress on licensed cannabis businesses affected by the pandemic. 

Businesses with BCC, CDFA, and CDPH cannabis licenses expiring during the time period referenced above (July 1, 2020 through August 31, 2020) are immediately eligible to have their licensing fees deferred. However, fee deferral is not automatic. In order to request a fee deferral, licensees must submit the necessary forms to the applicable licensing agency in the way prescribed by the applicable agency. If a licensee’s request for a fee deferral is granted, the licensee will be expected to pay its license fee(s) within 60 days of the date that the license(s) expires.

Requesting Regulatory Relief

Licensees must submit a written request for regulatory relief to be considered for a license fee deferral. Here’s how to submit your request:

1. Submit a complete renewal application to the Bureau.
2. Complete the Bureau Notification and Request Form (Form 27), Section A, and note the details of your specific request in the comments section.
3. Email completed Bureau Notification and Request Form to BCC@dca.ca.gov. This request must be submitted by an owner of the business, who is currently listed on the license record.

Other Regulatory Compliance Relief From Cannabis Regulators

Additionally, State cannabis licensees who cannot meet specific licensing requirements because of COVID-19 are also eligible to request disaster relief from the applicable licensing authority. Requesting disaster relief provides a temporary exemption from compliance to particular requirements during the emergency. Licensees shall not be subject to an enforcement action for a violation of a licensing requirement in which the licensee has received temporary relief. The cannabis licensing body that affords relief may require that certain conditions be followed in order for a licensee to receive temporary relief from the specific licensing requirements.

1. Bureau of Cannabis Control (BCC) Disaster Relief: Bureau of Cannabis Control licensees may submit requests for disaster relief under §5038 of the Bureau’s regulations.
   
2. CalCannabis Cultivation Licensing, CDFA Disaster Relief: CDFA licensees may submit requests for disaster relief as per §8207 of CDFA’s regulations if a licensee is unable to comply with any licensing requirements due to a disaster.
   
3. Manufactured Cannabis Safety Branch, CDPH: Cannabis manufacturers and businesses licensed by CDPH may submit requests for disaster relief pursuant to §40182 of CDPH’s regulations.

Please contact our cannabis regulatory compliance and licensing attorneys with any questions or assistance regarding relief being extended by the state’s cannabis regulatory bodies.