Author Topic: Retail License Questions  (Read 2786 times)

Offline Sasha

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Re: Retail License Questions
« Reply #15 on: June 29, 2017, 04:39:59 PM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

And you have to pay cash.  Why?  Because no bank (which needs federal licensing) will touch it.

I'm not against it but this is the reality of the situation right now.

Banks accept it now. Again, the Cole Memorandum. I'll get a link.
https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf
https://www.justice.gov/sites/default/files/faqs_policy_statement_regarding_marijuana_issues_in_indian_country_28jan15.pdf

Basically what the Cole Memorandum says is 3 things:
1. Don't mess with State Marijuana Laws, just focus on real crime.
2. Native American Nations can legalize Marijuana, regardless of the US State that Landlocks them
3. Keep Marijuana out of illegal channels (The Controlled Substances Act does not Ban drugs outright)

Also, look up DEA form 225, and protocol found in 21 CFR 1301 and 81 FR 53846.

This company legally sells Cocaine:
http://www2.mallinckrodt.com/Templates/Pages/productdetail.aspx?id=1597

Selling schedule II drugs to the healthcare industry is really not relevant to this discussion.  Almost all dispensaries are still running a cash business.  A memorandum from 2011 is not binding, especially with a new attorney general who has different priorities.

If you are not buying or selling marijuana, there probably won't be a problem.  But the concern that the TTB would reject that application for it is real.

Aside from that, the people who said that local licensing and zoning are a bigger deal are correct.

My point is not that people are selling things on the Medical Market, my point is that this has all pretty much been decided. And it's not just the Attorney General, Congress wrote something too. If you really really want me to I can go find that too.

And that was not just to Medical Research Market. The University of Mississippi has been growing and giving Marijuana to Patients for years under these rules. And Stepan Company sells Coca extract, minus the Cocaine, to Coca-Cola. So this isn't just about Medical applications.

Offline Sasha

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Re: Retail License Questions
« Reply #16 on: June 29, 2017, 04:41:05 PM »
You have to have a wine license to make cider. No idea about selling it.

You also seem to be forgetting that your local ordinance will often times be more strict than the feds.

Ok, good to know. So I'll get a Wine License first if I get anything. I'm in Colorado, so there is not a lot of Alcohol restriction here. They call Coors, "Colorado Kool-Aid".

Offline Sasha

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Re: Retail License Questions
« Reply #17 on: June 30, 2017, 12:50:32 PM »
Federal Law:
26 U.S. Code § 5042
(a)Tax-free production
(1)Cider
Subject to regulations prescribed by the Secretary, the noneffervescent product of the normal alcoholic fermentation of apple juice only, which is produced at a place other than a bonded wine cellar and without the use of preservative methods or materials, and which is sold or offered for sale as cider and not as wine or as a substitute for wine, shall not be subject to tax as wine nor to the provisions of subchapter F.

Offline Sasha

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Re: Retail License Questions
« Reply #18 on: July 09, 2017, 07:03:25 AM »
I just thought of some Questions.

I have done some  organizing, getting hundreds or thousands of people to show up somewhere. And I'm wondering, what would be the rules for like a Pop-Up that sells bottles? Or a keg at a Field Rave? What kind of license would you need for those kinds of sales? A normal license just covers 1 premesis, or a number of premises right? Not random locations. So how would that work?

Offline majorvices

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Re: Retail License Questions
« Reply #19 on: July 09, 2017, 07:11:48 AM »
I'm sure few people if any have any clue to that question. You'd be better off contacting your local beverage control authority.

And as far as the legalese you posted, all I can tell you is that every brewery in Alabama that produces cider has to have a wine license. No exceptions.

Offline Stevie

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Re: Retail License Questions
« Reply #20 on: July 09, 2017, 07:12:15 AM »
Talk to a lawyer familiar with the laws in your area.

Offline Sasha

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Re: Retail License Questions
« Reply #21 on: July 09, 2017, 07:12:32 AM »
And btw, I'm thinking of going to a Convention. Maybe Cider or Wine, but I'm going to pick one in the next 2 years and go. And a lot of other people will go if I go.

Offline Stevie

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Re: Retail License Questions
« Reply #22 on: July 09, 2017, 07:13:25 AM »
And btw, I'm thinking of going to a Convention. Maybe Cider or Wine, but I'm going to pick one in the next 2 years and go. And a lot of other people will go if I go.
NHC is in Portland next year.

Offline Sasha

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Re: Retail License Questions
« Reply #23 on: July 09, 2017, 07:17:04 AM »
I'm sure few people if any have any clue to that question. You'd be better off contacting your local beverage control authority.

And as far as the legalese you posted, all I can tell you is that every brewery in Alabama that produces cider has to have a wine license. No exceptions.

No. It's just suggested you have a license. I'm not sure if there are court cases regarding this law, but it's a positive law so there very likely may be no cases as they would just let you go and drop charges before trial once they read it. But I assume the people making Cider in Alabama are doing like Bitcoin users and "When the IRS says to pay taxes, you pay taxes". But no Federal Court has ever ruled that the IRS was constitutional in making people pay taxes for Bitcoins, and it could easily be a case that goes to the Supreme Court to be decided once and for all. But people just pay the taxes instead.

Big Monk

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Re: Retail License Questions
« Reply #24 on: July 09, 2017, 07:29:55 AM »
By the time you paid a lawyer to fight the case you could just get the license. Just because you don't have to pay taxes on something doesn't mean you do t have to be licensed to produce it.


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Offline Sasha

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Re: Retail License Questions
« Reply #25 on: July 09, 2017, 07:31:01 AM »
And btw, I'm thinking of going to a Convention. Maybe Cider or Wine, but I'm going to pick one in the next 2 years and go. And a lot of other people will go if I go.
NHC is in Portland next year.

I'll keep that in mind, but I'm looking for something either in/near Colorado or in/near Armenia.

Offline Sasha

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Re: Retail License Questions
« Reply #26 on: July 09, 2017, 07:35:27 AM »
By the time you paid a lawyer to fight the case you could just get the license. Just because you don't have to pay taxes on something doesn't mean you do t have to be licensed to produce it.


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I do everything Pro Se. I have won a Religious Marijuana Case, 2 Driving on the wrong side of the road Cases. I was also the center of a Narcotics Investigation where by the end of it the Narcotics Conspiracy Sergeant of a Capitol City Police Department was apologizing to me and sending me CS Lewis quotes when he told me i could go to the Forensic Lab to pick up everything. And when I got there and the people at the evidence room saw the bag they called him to make sure he wanted to release it. I have also helped people with Felony cases up to Manslaughter (Involuntary, he was in a wheelchair the other guy died in the wreck).

I know a little bit about the law.

Big Monk

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Re: Retail License Questions
« Reply #27 on: July 09, 2017, 07:43:39 AM »
Right you've said that before.


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Offline Sasha

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Re: Retail License Questions
« Reply #28 on: July 09, 2017, 07:47:30 AM »
And this is random, but Pro Se and ProSeCutor. Most people don't notice that. Even if they have heard the phrase "Pro Se" before.

Offline Sasha

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Re: Retail License Questions
« Reply #29 on: July 09, 2017, 08:05:55 AM »
For Colorado it looks like May is the Season for Cider Conventions and Festivals
http://www.rmcider.net/events/cider-week-colorado-2017