CA Cannabis Agencies Don’t Recognize Representatives?

We discovered, that at least for now, CA Cannabis Agencies Don’t Recognize Representatives in the licensing process.

This is the question we sent them:

Please apprise us with respect to what your current procedures are for representation of individuals or business entities by attorneys and certified public accountants [let’s limit the discussion to those licensed to practice in California].

The answer we received from CDPH – Manufactured Cannabis Safety Branch is as follows:

I can address the procedures and future plans for the Manufactured Cannabis Safety Branch. I’ll let the Bureau and CDFA weigh in with responses from their particular offices.

The California Business and Professions Code, in section 26001(c), defines a cannabis license “applicant” as “an owner applying for a state license pursuant to this division.” If the member of your firm who is completing the application for the business is considered and disclosed as an owner, they may complete the application on behalf of the business. Because of this definition in state law, I do not anticipate any immediate changes to our system to allow a representative (non-owner) to complete the application.

Some may not understand the implications of the response, however, the idea that an applicant or a business is precluded from representation by a CPA or attorney is ABSURD. I can’t get fingerprinted for an owner, but we should be able to represent a business before a regulatory agency.

We intend to pursue the matter and will update their initial response.

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