Avoiding Disqualification: Conditions under which the Board may refuse to grant licenses
In a fairly straight forward affair Virginia’s new cannabis law signals a few noteworthy disqualifications for potential applicants to be wary of. Below are the areas where the board may say no to an applicant and a discussion for some of the more intriguing ones.
First we need to know who is an “applicant”
The law views potential applicants as fitting under a wide variety of different types:
Anyone or anything fitting under one of the defined applicant categories will be scrutinized by the board, so any businesses looking to apply should take stock in whether or not they or any of their listed associates may lead to a disqualification.
The board may disqualify any applicant who
Though there are no requirements for an applicant to have secured any properties prior to the final stage of the application process, the board nonetheless may also disqualify an applicant if “the place to be occupied by the applicant”
Catch All Disqualification Language
The bottom line here for potential applicants, 1) know who on your team can get you disqualified and have a mitigation plan, 2) get your financial affairs in order and have the clear capital plan to establish a successful cannabis business, 3) make sure everything in your application is accurate and honest.
Eric Postow currently serves as a Managing Partner at Holon Law Partners, where he also assumes the role of Chief Strategy Officer. Prior to founding Holon Law Partners, Eric played a pivotal role in establishing and co-chairing a national cannabis practice group at Parlatore Law Group. During his tenure there, he garnered a reputation as a perceptive business attorney and a flexible strategist.
Eric’s extensive expertise has positioned him as a recognized national authority in furnishing strategic legal guidance to cannabis and hemp businesses throughout the United States. With a focus on serving as general counsel to regulated industries, Eric adeptly addresses the intricate and diverse legal needs of his clients.
His legal licensure extends to Virginia, enabling Eric to provide legal representation to clients in federal courts across the nation. In addition to his legal pursuits, Eric leverages his platform to engage in nationwide advocacy efforts. He leads pivotal industry conversations through his podcast, “Above the Haze,” shedding light on significant subjects within the field.
Notably, Eric is an active member of prominent organizations, including the NAACP, the International Cannabis Bar Association, NORML, and the Virginia State Bar. Residing in Northern Virginia with his wife Brittany, and their children Max, Zevi, and Sela, Eric remains deeply engaged in both his professional and personal spheres.
For inquiries, Eric can be contacted at [email protected] or 703.214.2003.
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