If you have a criminal record, you may be wondering if you’re still eligible to open a dispensary?
While having a felony conviction does limit your options, felons who were convicted of a cannabis-related crime are still allowed to obtain licenses to open dispensaries. In most states, they even have first priority.
Businesses that Sell Controlled Substances
States regulate dispensaries, and most states have laws that prohibit convicted felons from owning or operating businesses that sell controlled substances like cannabis or alcohol.
According to the New York Liquor Authority, “Individuals with a felony conviction in New York State or another state or federal jurisdiction are not eligible to hold a license, unless they have a Certificate of Relief from Civil Disabilities, have received a pardon or have been issued a Certificate of Good Conduct.”
Those convicted of nonviolent felonies such as cannabis cultivation, possession or transportation, as well as other related misdemeanors, typically have better chances than those with other types of convictions such as assault or robbery.
While not always the case, a felony record may be indicative of a history of disregarding state laws, which could potentially expose consumers to unsafe practices.
Laws preventing felons from owning and operating these establishments is a measure states take to ensure that only qualified and law-abiding individuals are running these businesses.
Through stringent policies like this, states can work together with dispensaries to foster a safe and secure cannabis market for all customers.
Exceptions to the Rule
In states like California, Washington, and New York, there are exceptions to the rules in state propositions which allow people with certain nonviolent convictions to apply for a cannabis license.
Like many states, California’s Proposition 64 has allowed the implementation of a social equity program. The program can provide equitable ownership for those who the War on Drugs impacted.
Social equity programs go further in giving these individuals the chance to positively rebuild their lives post-conviction, proving themselves to be equally responsible as their counterparts.
In New York state, the Cannabis Adult Use Retail Dispensary (CAURD) program is for social equity applicants. The goal is to help communities that have been disproportionately affected by the enforcement of cannabis laws to participate in the legal industry, and to benefit from the economic opportunities it provides.
The program is part of the state’s efforts to promote social equity and to ensure that all communities can share the benefits of the legal cannabis industry.
By granting these individuals a first-priority license to operate a cannabis business, it gives them the opportunity to get ahead of their past, create their own company and grow the cannabis industry.
Check your State Laws
If you’re interested in opening a dispensary, check your state’s laws to see if you’re eligible.
Starting a dispensary can be a daunting task, with complex regulations and plenty of potential pitfalls to most inexperienced entrepreneurs. But if you’re up for the challenge, it’s worth taking the time to check the laws in your state or local jurisdiction to see if it is even possible to open a dispensary in the first place.
The regulations vary drastically from state-to-state and even city-to-city. Doing research now could save you from making costly mistakes later on down the road.
Running a Dispensary is Challenging
For those who are eligible, remember that running a dispensary is a lot of work – so make sure you’re up for the challenge before taking the plunge!
Starting and running a dispensary isn’t for the faint of heart. It takes considerable team effort, capital, and resources to maintain operations.
Before you consider this challenge, make sure you have the proper team in place, and that they are up to par with the necessary skill sets. You will also need to have a reliable lawyer and accountant on board. There will also be overhead costs concerning training bud-tenders, handling payroll, rent payments, taxes and other expenses that come with running a business.
If you want your dispensary to truly succeed in the community, you’ll have to provide more than just products – think about ways your team and store can help give back locally. You should take all these things into account before plunging into the business of owning a dispensary.
Ultimately, if you have considered the highs and lows of running a cannabis shop, and still feel passionate about the process, it is important to do your digging.
Research your state’s laws thoroughly, and determine whether or not you are eligible.
While every state has different legislation when it comes to this sort of thing, don’t hesitate to ask around, or even seek out a current dispensary owner for their input.
At the end of it all, owning a dispensary is an amazing opportunity and a privilege. It’s understandable why the state government does not hand out licenses freely, and why they would require extensive background checks first.
Should you decide to embark upon this journey, remember that nothing good ever came easy!
Allan Dollison says
There are also legal remedies that people can take advantage of. Some felonies (even past suffered convictions) can be reduced and then dismissed which can limit their impact. There are also gubernatorial pardons available. The latter, I successfully helped out a Vietnam Vet who had a Felony Cannabis conviction from 40+ years ago, and he earned a Pardon from Governor Jerry Brown in CA. All situations are different, and there is no guarantee, but in CA many of the Felonies such as 11358 and 11359 and 11360 H&S Code that were felonies are now only misdemeanors, but it is not automatic. I am a former Humboldt County California Prosecutor and could offer a free consultation for folks interested in exploring their options. I agree it would be terrible that someone who wants to get into the legitimate Cannabis Industry is hamstrung from their prior acts when the laws were different.
Michael says
Is there a grant for someone who was convicted of marijuana possession and went to prison to start a dispensary
Christopher says
Hi guys! I was so happy and honestly heart warmed to even see this topic online.
I am a convicted felon. Was arrested when I was 28. Marijuana related charges.
I thought that New Jersey was actually more prone to give licenses (a certain amount were supposably allotted for felons), but apparently not.
I am a smart cookie lol. And I have been trying to figure out a way to make my CannaBusiness thrive! 100% Legally. But I need help.