Cannabis License Renewal

License holders must attest that all contact and business information is accurate and up to date.

License holders must confirm that neither the business* nor any owner, officer, director, manager, or general partner has undergone any of the following since the initial application or last ownership change request:

• Dissolution
• Consolidation
• Reorganization
• Bankruptcy
• Insolvency
• Receivership
• Merger with another legal entity
• Assignment of assets for the benefit of creditors

*Per Minnesota Statutes, section 342.12(d)(2), a new cannabis business license must be obtained if a license holder dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, or receivership proceedings; merges with another legal entity; or assigns all or substantially all assets for the benefit of creditors.

License holders are responsible for notifying OCM immediately of any contact or business information changes.

If updates are needed, they cannot be completed within the renewal application. Changes must be submitted to the office using the processes outlined on OCM’s Making Business Changes webpage, before your renewal application.

The renewal application will populate whether the license holder is classified as a social equity business under Minnesota Statutes, sections 342.17 and 342.175. If the business is classified as a social equity business, the license holder must identify the statutory category or categories originally used to establish social equity eligibility under Minnesota Statutes, section 342.17(a). License holders must select all social equity status categories that apply to the license holder or any business owner, including categories beyond those originally used to establish social equity eligibility.

Categories include:

• Prior cannabis conviction, stay of adjudication or determination of delinquency by owner
• Prior cannabis conviction, stay of adjudication or determination of delinquency by parent, guardian, child, spouse, or dependent of owner
• Dependent of an individual with a cannabis conviction
• Military veteran or former member of the national guard who lost honorable status due to an offense involving the possession or sale of cannabis or marijuana
• Owner was a long-term resident of a community disproportionately affected by prohibition
• Owner is an emerging farmer

Pursuant to Minnesota Statutes, section 342.23, subd. 2, cannabis and hemp license holders must submit an annual report describing diversity within business ownership, management, employment, and contracted services.

This section of the license renewal collects information about the ownership, management, workforce, and contracted services associated with the licensed business.

When completing this section, each individual should be counted only once according to their highest role within the organization. For example, if an individual is both an owner and an employee, they should only be counted in the owner category.

The information collected supports the Office of Cannabis Management’s statutory annual diversity reporting obligations and helps monitor participation and economic inclusion across Minnesota’s cannabis industry. The data collected help OCM monitor participation in state-recognized small business programs and assess economic inclusion within the cannabis industry.

The annual diversity report includes the following questions.

• Workforce demographics – For each category below, license holders must report the race, ethnicity, and gender of individuals included in the category:
  • Business owners
  • Management
  • Employees
  • Contractors
• Supplier and contractor participation – License holders must also report whether the suppliers or contractors they work with are:
  • Social equity licensed cannabis businesses
  • Tribal cannabis businesses
  • Certified targeted group (TG), economically disadvantaged (ED), or veteran-owned (VO) small businesses (optional)
  These businesses must be certified through the state of Minnesota Equity in Procurement (TG/ED/VO) Directory administered by the Office of State Procurement.

This section collects additional information regarding whether those contractors participate in state-recognized equity procurement programs or operate under a Tribal regulatory authority.

A targeted group small business is defined by the Minnesota Department of Administration as a business majority-owned and operated by women, persons with a substantial physical disability, or specific minority groups. The following certification categories may apply to contractors and/or suppliers as well as employees:

• Black-owned businesses
• Indigenous-owned businesses
• Hispanic-owned businesses
• Asian-owned businesses
• Persons with disability owned businesses
• Economically disadvantaged small business
• Veteran-owned small business
• Woman-owned business

Definitions for completing the diversity report

The definitions below apply only for purposes of completing the annual diversity report required under Minnesota Statutes, section 342.23, subd. 2, and do not alter or replace statutory definitions used for licensing or compliance.

• Owners: Business owners are individuals or entities that hold a direct or indirect ownership interest in the licensed business. This includes any individual or entity with an ownership interest as described in Minnesota Statutes, section 342.185, subd. 1(g).
• Management: Management is comprised of individuals who exercise operational control or decision-making authority over the business and are not counted in the business owner category. This includes officers, directors, managers, general managers, or any person with the authority to direct policies, supervise operations, hire or fire staff, manage or control finances, or make binding business decisions, whether or not they have an ownership interest. (Refer to control and managerial authority concepts in Minnesota Statutes, chapter 342 and Minnesota Statutes, chapters 302A and 322C for corporate and LLC governance.)
• Employees: Employees are people who perform services for hire for the employer cannabis business, provided that the services have been performed predominately within this state, and have not been counted in any previous categories. The category includes anyone who has been separated from employment for less than one year. The category does not include independent contractors. (Refer to Minnesota Statutes, section 181.960.)
• Contractors: Individuals or entities providing services who are not classified as employees and who meet Minnesota’s independent contractor standards and have not been counted in any of the previous categories. These individuals typically receive compensation reported on a Form 1099-MISC and maintain control over how their work is performed. (Refer to Minnesota Statutes, section 181.723, subd. 4, and Minnesota Rules, part 3315.0555 for independent contractor standards.)
• Suppliers: Cannabis business license holders with whom the license holder conducts business to obtain goods or services. Suppliers are considered a subset of contractors and should already be included in the contractor count when reporting.

License holders must attest that their labor peace agreement remains active and that no material changes have occurred since submission. [Minnesota Statutes, section 342.14, subd. 1(c)]

If changes have occurred, license holders must notify OCM and submit an updated agreement.

• Save the Attestation of Labor Peace Agreement (PDF) to your computer and then open directly in Acrobat or Acrobat Reader to complete. Then save it and email the form to ocm.licensing@state.mn.us for review.

LPAs for microbusinesses

• Microbusinesses with fewer than 10 employees are not required to maintain an LPA but must attest to their employee count. [Minnesota Statutes, section 342.28, subd. 4(b)]
• Cannabis microbusiness license holders that had fewer than 10 employees at initial licensure and have since exceeded nine employees are required to upload an LPA during renewal.
• Microbusinesses that previously submitted an LPA must attest it remains current.

Pursuant to Minnesota Statutes, section 176.182, license holders are required to provide OCM with proof of workers’ compensation insurance coverage in compliance with Minnesota Statutes, section 176.181, subd. 2.

Information required

All renewal applicants must provide the following information as part of the renewal application:

• The name of the workers’ compensation insurance carrier.
• The policy number or self-insurance identification number.
• The policy coverage dates or self-insurance effective dates.
• Or an attestation of exception, using the Workers Compensation Exception Attestation Form, which can be requested by emailing ocm.licensing@state.mn.us.

License holders do not need to upload proof of workers’ compensation insurance during renewal unless the business is self-insured. Businesses that are self-insured must upload a copy of their permit to self-insure issued from the Minnesota Department of Commerce.

OCM must withhold licensure, renewal, or permission to operate if the required workers’ compensation information is not provided, as required under Minnesota Statutes, section 176.182.

License holders may be prompted to upload one or more of the following required documents:

• Permit to self-insure: License holders that are self-insured must upload a copy of their permit to self-insure issued by the Minnesota Department of Commerce.
• Labor peace agreement (LPA): Required for microbusinesses that employ 10 or more individuals since initial licensure.
• Updated product list: License holders that manufacture ingestible cannabis products, lower-potency hemp edibles (including beverages), cannabis combination products, or hemp-derived consumer products must submit an updated product list using the OCM Product List Template (.xls).
  
  The product list includes:
  • Product name and description
  • Ingredients and flavoring ingredients
  • Ingredient brand names and vendors (including contact information)
  • Packaging
  • Intended use and consumers (medical, adult-use, or both)
  • Shelf life
  • Safety labeling instructions
  • Storage and distribution requirements
  • Planned annual volume
  Applicable license types
  These license types are required to have a current product list on file:
  • Cannabis manufacturer with edible cannabinoid product handler endorsement
  • Cannabis microbusiness with edible cannabinoid product handler endorsement
  • Cannabis mezzobusiness with edible cannabinoid product handler endorsement
  • Medical cannabis combination business

License holders must attest that all final plans of record are current. Renewal applications cannot be submitted until all FPORs are up to date. If material changes have occurred, license holders must first submit the Final Plan of Record Material Changes Update Form and complete that process before completing the renewal application.

Material updates affecting cannabis cultivation or manufacturing must be provided to OCM at least 10 days prior to implementation, as required by Minnesota Rules, part 9810.2000, subp. 2C and Minnesota Rules, part 9810.2102, subp. 1C.

For more information around material changes to FPORs, please see OCM’s Making Business Changes webpage.

Before submitting the renewal application, license holders must review and acknowledge a series of attestations confirming that the information provided is complete and accurate.

Once the renewal application is successfully submitted:

• A confirmation email will be sent to the license holder.
• OCM will review the renewal application and may request additional information if needed.

Communication regarding the processing of your renewal application will be sent to the email address(es) listed on the application. Please add NoReply@accela.com to your saved contacts and monitor your email for correspondence.

Renewal fees are not paid at the time of submission.

Following OCM’s review of the renewal application, an invoice will be issued to the license holder for payment of the applicable renewal fee. Renewal fees apply beginning with the second annual renewal.

By submitting payment of the renewal invoice, the license holder acknowledges that:

• Renewal fees are nonrefundable.
• Payment of the renewal fee does not guarantee license renewal.
• The license holder agrees not to dispute or initiate a chargeback for the renewal fee once payment has been processed.

After payment is received and all renewal requirements are satisfied, OCM will notify the license holder if the license renewal has been approved or if additional action is required. Successful license renewals will be issued when the review is complete, but the date of expiration will reflect one year from the previous expiration date.