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Receiving a violation notice can be jolting. After all the blood, sweat, and tears – not to mention money – dedicated to building your business, all of it seems to be at risk. Because if there is one “known” rule you can rely on with operating a legal cannabis business, it is that governing organizations never make suggestions, only demands. But taking it one step at a time, you can navigate this roadblock successfully and even potentially come out the other side with better business processes.
Don’t wait to act after receiving a cannabis compliance violation.
Although receiving a compliance violation may seem overwhelming, and another issue to navigate in an already filled day, know that a proactive response is a must. The issue will not go away, and may even get exponentially worse, the longer you wait to address. In fact, in certain instances, time is of the essence. In most cases, there is a deadline to respond, or otherwise comply, and missing it could make a situation go from bad to worse. Further, starting early will give you more time to gather any resources you may need. For example, you may need to follow up with the issuing organization to better understand details involving the violation; you may need time to track down or generate the information needed to respond; and you may need time to consult with an expert or an attorney.
Address the problems and the requirements of the cannabis compliance violation notice.
Receiving a cannabis compliance violation requires the recipient to both address the underlying issue that resulted in the violation and to take all necessary steps required in the violation notice.
It is of no surprise that most cannabis compliance violations will require you to address the issue cited in the violation. Fixing the issue may be as simple as paying a fine and submitting any necessary paperwork that failed to be filed. But on the other hand, is there an existing compliance issue that the business has chosen to proceed to operate alongside? Recognize that the issue has come to a head, and you can no longer operate in this manner. Further, it is important to remember that cannabis compliance may involve more than marijuana-specific violations. Cannabis growers have been fined for environmental violations and more.
The penalties for repeat violations get more severe, and therefore, the violation at issue must be addressed quickly. BeGreenLegal’s gap analysis can help you with this task.
In addition, make sure any requirements beyond simply fixing the issue that was the source of the citation are met. A violation may require you to submit a detailed remediation plan, pay a fine, or take other additional steps. Further, any future follow-up actions or meetings required by the violation need to be calendared with time to plan. If you need assistance making sure you are meeting the requirements of the compliance violation, BeGreenLegal’s Compliance Management Program can help.
Review the bigger picture and focus on your cannabis organization’s operating procedures.
After you fix the problem, fix the procedure. For example, if you missed the deadline to file certain paperwork, make sure it gets filed. But also, violations typically are the result of a flaw with the existing operations that are in place. Review your existing tools, including equipment and personnel, and make sure that the necessary needs of the business are all being taken into account. BeGreenLegal’s QMS Solution assists cannabis operators by helping operators establish full solution systems.
In addition, revisit employee training. Perhaps it was unclear which department or even the specific employee who was responsible for handling such a task that caused the violation. Even more so, an employee may have lacked the necessary training to complete a requirement correctly. As the highest expense of your operation, you want to make sure your employees are ideally suited for the job in terms of both qualifications and resources provided by their employer. A standard operating procedure is a great step but requires that your team is adequately trained in order to be successful.
BeGreenLegal’s Cannabis Compliance Management Program is available to help.
BeGreenLegal’s Compliance Analysis is designed to help you resolve any current violations, complete a renewal, or prepare a custom compliance program for your business. Depending on the specific violation, BeGreenLegal will attempt to resolve any compliance issues or recommend a course of action. Further, BeGreenLegal’s Compliance Management Program can work with you to help prevent potential future violations from occurring. In addition to following up on the status of your permits and licenses, BeGreenLegal can help you design an entire compliance program designed to fit your specific operation. Our Compliance Management Program is the perfect complement to your onsite employees as we operate both as a partner and internal auditor to keep things in check.
Are you interested in starting or expanding your compliance support because of a recent violation? Contact BeGreenLegal for all of your compliance concerns today!
https://www.begreenlegal.com/contact-us/
