How to Start Writing Standard Operating Procedures (Even if Your Jurisdiction Hasn’t Released Regulations Yet)

In our last article, we discussed 5 Ways to Get Ahead in a Newly Legalized State and requirements encountered by cannabis applicants across the country. One requirement that was mentioned was mentioned was an Operations Plan, or Standard Operating Procedures (“SOPs”). The next question becomes: how does an applicant start writing SOPs from scratch?

Start with your jurisdiction’s regulations and its application process if it has been released. Most cannabis applications do not broadly ask for an “Inventory SOP” or a “Quality Control SOP.” Rather, they typically provide specific questions about an SOP to ensure that the applicant submits a comprehensive document. Therefore, checking out the application questions and corresponding regulations provides a solid base for any cannabis SOP.

However, if your jurisdiction’s regulations and/or application process has not been released, consulting another jurisdiction’s regulations and going through the drudgery of answering the questions can serve as a helpful guide in crafting SOPs for the first time. Let’s take the storefront and non-storefront (delivery) retail state licensing process in California as an example. The following SOP-related forms must be completed to submit a state application in California:

• Transportation Procedures Form
• Inventory Procedures Form
• Non-Laboratory Quality Control Procedures Form
• Security Procedures Form
• Delivery Procedures Form

Click on the links above, and check out the questions that are asked. While the questions are specific to the cannabis licensing process in California, they (in large part) cover key considerations that should be taken into account in any SOP in any jurisdiction. If you were to go through each form and jot down answers, you would have the base for any SOP in any jurisdiction.

Cannabis entrepreneurs must ensure that any SOP is in strict compliance with their local and state regulations and tailored to their specific set of circumstances. Further, SOPs should be regularly reviewed and adjusted where necessary. However, checking out applications questions and corresponding regulations in other jurisdictions is a good place to start if you’re stumped.

If you’re interested in a detailed breakdown of each of the forms listed above, be sure to check out our California Storefront & Non-storefront Retail Licensing course that was just released.

© RYAN T. KOCOT, ESQ. 2021

DISCLAIMER: THIS INFORMATION IS STRICTLY EDUCATIONAL AND DOES NOT CONSTITUTE LEGAL ADVICE.