Getting In On The Action – Best and Worst States to Start a Cannabis Business

Starting a marijuana or hemp business in the U.S. can be a complex process due to varying state regulations, social equity programs, and business climates. Here’s a breakdown of states with the best social equity programs, states that make it easiest to start a cannabis business, and those that are more challenging.

States with the Best Social Equity Programs

Social equity programs are designed to help individuals from communities disproportionately affected by cannabis prohibition participate in the legal market. Here are some states that lead in this area:

1. Illinois:
– Illinois is often regarded as having one of the best social equity programs. The state’s program offers license fee waivers, access to low-interest loans, and technical assistance for qualified applicants, particularly those from communities impacted by the War on Drugs. Illinois also offers ownership priority to social equity applicants, and a portion of tax revenue from cannabis sales goes toward reinvesting in these communities.

2. New York:
– New York’s cannabis law includes a robust social equity plan aiming to grant 50% of cannabis licenses to social equity applicants. The state offers financial aid and prioritizes individuals from communities heavily impacted by prior cannabis enforcement. Additionally, New York’s cannabis law allows for Conditional Adult-Use Retail Dispensary (CAURD) licenses specifically aimed at applicants with a previous marijuana-related conviction.

3. California:
– Several local jurisdictions in California have strong social equity programs. Los Angeles and Oakland are two cities with programs that provide technical support, financial assistance, and expedited licensing for equity applicants. State law also mandates that a portion of cannabis tax revenues support community reinvestment.

4. Massachusetts:
– Massachusetts was one of the first states to implement a social equity program. The Economic Empowerment Priority Program gives priority licensing to applicants from communities disproportionately harmed by cannabis criminalization. The state also provides free technical training and mentorship programs.

Easiest States to Start a Marijuana or Hemp Business

These states have more favorable regulations, lower barriers to entry, and relatively streamlined processes for starting a cannabis business:

1. Oklahoma:
– Known for its minimal licensing fees and low barriers to entry, Oklahoma is one of the easiest states to start a cannabis business. The state’s medical marijuana program allows for unlimited licensing and doesn’t impose strict zoning restrictions. There’s also no cap on the number of licenses, making it more accessible for small business owners.

2. Michigan:
– Michigan is considered business-friendly due to its relatively low licensing fees and fast processing times. The state’s cannabis market is robust and offers opportunities for both medical and adult-use licenses. Michigan’s regulatory structure allows flexibility for smaller operators to compete alongside larger players.

3. Colorado:
– Colorado, as one of the first states to legalize recreational marijuana, has a well-established regulatory framework. The state offers multiple license types, from cultivation to retail, and its application process is considered relatively straightforward. Colorado also provides clear guidance on compliance and business operations.

Most Difficult States to Start a Cannabis Business 

Starting a cannabis business can be particularly challenging in certain states due to strict regulations, high costs, and limited licensing opportunities. Here are three of the most difficult states to start a cannabis business:

1. New Jersey:
– New Jersey’s cannabis market is notorious for its limited licenses and high fees. The state offers a limited number of retail licenses, making the application process highly competitive. Additionally, there are stringent zoning laws and requirements that vary by municipality, further complicating the process for new businesses.

2. Florida:
– Florida’s medical marijuana program has strict regulations that require vertical integration, meaning businesses must handle cultivation, processing, and sales. This adds significant financial barriers to entry, with estimates that companies need millions in startup capital to meet state requirements. Florida also offers limited licenses, making it difficult for new entrepreneurs to enter the market.

3. Arkansas:
– Arkansas has one of the most restrictive cannabis programs, with limited licenses and a high cost of entry. The state has capped the number of dispensary and cultivation licenses, which are often controlled by well-funded companies. Furthermore, the state has a slow and cumbersome regulatory process, which can delay the opening of new businesses.

For cannabis entrepreneurs looking to avoid significant regulatory hurdles, New Jersey, Florida, and Arkansas are among the most challenging states due to high costs, limited licensing, and complex regulations. These states favor large, well-funded operators, making it difficult for small or independent businesses to enter the market.