For those of you saying there is no such thing as a growers license, as far as i can tell you are correct. However, this wasn't about a license to grow marijuana, it's about having a license to conduct business in Colorado (any type of business). All I have been trying to point out is that if you are growing commercially you need to have a business license to legally sell your products (regardless of what those products are). Since it doesn't seem that the MMJ industry is actually being regulated yet all that means is going down and filling out a business license application and paying the fee. You will then be issued a retail/wholesale sales license and a tax ID number, and can legally conduct business.
Whether you want to believe me or not having a business license is a basic requirement to have any sort of retail or wholesale business operating in this state. It doesn't matter if you're growing MMJ, selling hot dogs, or own a corporation, you have to have a basic business license before you can open your doors and start selling anything. Thing is, that business license comes with benefits because it now means you can buy from other businesses at wholesale prices, and most of what you buy will be non taxable for sales tax purposes. It also means that you can start using business accounting methods and can write off all of your legitimate business expenses from the profits before you figure out how much tax you owe. Frankly, getting the business license is what takes you from being a black marketeer to being a legitimate business person.
Btw, to clear up a misconception- I'm NOT calling for more regulation of MMJ. What I'm calling for is the people who are involved in the business to stop playing by the black market rules they are used to and learn the legitimate business rules that they are going to have to abide by. Things like keeping accurate sales records, having insurance on your crop/equipment, paying all the various license and registration junk for the state and cities, filing monthly sales tax returns, paying social security and medicare taxes as an employer, etc. Sure, some of the people reading this already know about that stuff, but the more I talk to people in the local MMJ community the more I'm finding that there are a lot of people that want to grow commercially (and are planning on it), but that don't have a clue when asked about what they'll need to do to set it up as a business. Me, I don't want to grow commercially. I just want to help the people that do out by reminding them that they need to be thinking about and looking into these things so that the government isn't able to shut them down on a technicality or use the lack of adherence to the business laws to further regulate things.
You've obviously never applied for a business license. When you apply, if you say "give me a business license" they will reply "what type of business are you starting?". You can't just get a general business license, who ever told you that is misinformed.
If you sell hot dogs, you have to get a vendors license. If you are a retailer, then you have to get a retailers license. If you're an importer, then you need an importer's license. If you want a coproration, then you have to file papers of incorporation which doesn't go through the same office. If you wan to grow & sell MJ, then you need a MMJ license just like if you want to buy & use MMJ, and that again is through a different office. There is no occupational license for this, and nothing even close to anything that resembles one.
You have to pay income taxes to remain legal, which includes social security. You can do this quarterly, and that's all you have to do to remain legal. That's all that's required by law.
If you hire employees the rules change, and to be honest I don't think it's legal to hire employees since business licenses aren't available. I'd have to look into it to know for sure.
The only law that most growers are breaking is the 2oz law. It's very hard to grow and not break that law from time to time.
And MJ is not covered under any agricultural license. Hemp is, but for that license you have to grow Hemp which is a form of MJ that has very low to no THC levels. And that only became legal in the last 20 years or so, so before that there wasn't even a license for that.
Sorry if I was abrupt the other night, I was tired and in a bad mood. When I read you saying that there were a lot of growers breaking laws and bringing down heat on all our heads, it urked me.
If you want to grow, this is the way it is......
The MMJ license gives you the right to grow 6 plants.
You can get that increased with a Dr's referral that may or may not hold up in a court of law.
Everyone who signs you up as their caregiver give you the right to grow 6 more plants.
You can sell to MMJ license holders or to dispensories.
You have to keep track of profits & expenses and file a sole proprietors tax form (can't remember the number) quarterly.
That's about it. Other than that, every time you have more than 2oz you are breaking the law. And the cops can arrest you when ever they want and take all your stuff which you aren't likely to ever see again. But most of the arrests never go to trial.
That reminds me of another contradiction. It says that if the cops take your plants and don't take care of the plants until trial, then you can sue them for about $5k per plant. But it's against the law for the cops to water your plants or take care of them. And I don't think anyone has successfully sued them for the loss of their plants yet, and possibly never will.
The laws don't really make sense, and are far from complete, but this is what we're all dealing with. Like it or not.