Administrative Hearings

In the course of applying for marijuana and cannabis based licenses or registrations, may involve an administrative hearing, to determine whether or not the applicant has met the requisite requirements as part of the application. For instance, in Colorado, often the administrative hearings focus on whether such applicants have met the business license applicant criteria, including for instance: age, required residency, delinquencies in child support obligations, controlled substances felony convictions, demonstration of moral character, and other criteria deemed relevant by the licensing and enforcement agency. Many states such as Florida, have offices of compassionate use, which essentially function as an administrative body to review marijuana and cannabis based licenses or registrations,

Usually such administrative hearings are typically informal , although applicants can submit evidence relating to one’s application, including information that demonstrates the applicant has met the state’s particular requirements with respect to such application.

Applicants are generally entitled to have counsel present on their behalf, especially where although informal, such hearings will typically use the rules of evidence and civil procedure when being conducted. Additionally, the applicant may call witnesses including from stakeholders, partners, investors, staff, physicians, or other individuals that may assist the applicant in demonstrating to the hearing board that such application for a marijuana and cannabis based application has been met.

The hearing board may in its discretion ask the applicant questions, including anything pertaining to the applicant’s criminal history, relationships, financial background, scope and purpose of such application, or relevant work experience as it relates to marijuana and cannabis. Furthermore, the hearing board may consider the testimony and information from any other relevant parties including potentially community leaders, neighbors, or other individuals that may have a vested interest in the granting of such license or registration. Typically, especially if requested, the applicant may have the hearing recorded or transcribed, so there is an accurate record of the hearings.

Based on the administrative hearing, the licensing board will proceed to take a number of different actions:

  • The hearing board may grant, approve, or otherwise accept the marijuana and cannabis based application license and/or registration
  • The hearing board may deny, reject, or otherwise disapprove such application
  • The hearing board may delay, stay, or otherwise put a hold where such application may be incomplete, inaccurate, or require the submission of additional information
  • The hearing board may grant conditional approval, usually based upon the applicant taking further action with his or her application or where the applicant is approved but the applicant may have to be monitored or submit periodic reports for a period of time until such application can be fully approved
  • The hearing board may take any additional action necessary to insure that the state’s approval processes, laws, and regulations are fully followed.
Contact an Attorney

The Nassiri Law Group, Cannabis Law Group, in Orange County, Los Angeles, and Riverside California, are available to assist with the licensing, registration, and approval process to assist in your marijuana and cannabis based business. For a free case consultation call 949-375-4734 today.

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