reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 26031.01 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26031.01.

26031.01.  (a) Notwithstanding Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license.(b) The department shall not order the suspension of a license pursuant to subdivision (a) 90 days after the date of issuance of the license.(c) An order of suspension pursuant to subdivision (a) shall expire on the effective date of a decision of the department after a hearing conducted pursuant to this section.(d) (1) The department shall file and serve a person whose license is suspended pursuant to subdivision (a) the order of suspension and a statement of issues as defined in Section 11504 of the Government Code. The department may serve the person by regular mail addressed to the last known address of the person or by personal service.(2) A person whose license is suspended pursuant to subdivision (a) shall have 30 days after service of the order of suspension and statement of issues in which to file with the department a written request for a hearing on the statement of issues filed against them.(3) (A) The department shall hold a hearing within 30 days after receipt of a request pursuant to paragraph (2) unless the person requests or agrees to a continuance. If the person does not request or agree to a continuance and a hearing is not commenced within 30 days after receipt of the request for a hearing, the order of suspension shall be vacated and set aside unless the person requests or agrees to a continuance.(B) If the person requests or agrees to a continuance, the department shall hold a hearing on the date to which the department and the person agreed. If a hearing is not commenced on that date, the order of suspension shall be vacated and set aside.(4) If the department does not render a decision within 30 days after completion of the hearing, the order of suspension shall be vacated and set aside. (e) A hearing conducted pursuant to this section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code applicable to a hearing on a statement of issues.(Added by Stats. 2021, Ch. 70, Sec. 22. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26031.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26031.1.

26031.1.  (a) Except as otherwise provided by law, in an order issued in resolution of a disciplinary proceeding before the department, the administrative law judge, upon request, may direct a licensee found to have committed a violation to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.(b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the department or its designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.(c) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the department to increase the cost award. The department may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).(d) If an order for recovery of costs is made and timely payment is not made as directed in the department’s decision, the department may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the department may have as to any licensee to pay costs.(e) In any action for recovery of costs, proof of the department’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(f) (1) Except as provided in paragraph (2), the department shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section.(2) Notwithstanding paragraph (1), the department may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the department to reimburse the department within that one-year period for the unpaid costs.(g) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited into the Cannabis Control Fund to be available upon appropriation by the Legislature.(h) Nothing in this section shall preclude the department from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. (Added by Stats. 2021, Ch. 70, Sec. 23. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26031.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26031.2.

26031.2.  (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.(b) The superior court for the county in which any person has engaged in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, order such person to make restitution to persons injured as a result of such violation.(c) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a), or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the department for expenses incurred by the department in its investigation related to its petition.(d) The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this division.(Added by Stats. 2021, Ch. 70, Sec. 24. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26032 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26032.

26032.  (a) The actions of a licensee, its employees, and its agents are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law if they are all of the following:(1) Permitted pursuant to a state license.(2) Permitted pursuant to a local authorization, license, or permit issued by the local jurisdiction, if any.(3) Conducted in accordance with the requirements of this division and regulations adopted pursuant to this division.(b) The actions of a person who, in good faith, allows his or her property to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and, if required by the applicable local ordinances, a local license or permit, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.(Repealed and added by Stats. 2017, Ch. 27, Sec. 18. (SB 94) Effective June 27, 2017.)
CA Bus & Prof Code § 26033 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26033.

26033.  (a) A qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity and is therefore exempt from the licensure requirements of this division.(b) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code, but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code, is exempt from the licensure requirements of this division.(Repealed and added by Stats. 2017, Ch. 27, Sec. 20. (SB 94) Effective June 27, 2017.)
CA Bus & Prof Code § 26034 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26034.

26034.  All accusations against licensees shall be filed by the department within five years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in that case shall not be deemed to have accrued until discovery, by the department, of the facts constituting the fraud or misrepresentation, and, in that case, the accusation shall be filed within five years after that discovery.(Amended by Stats. 2021, Ch. 70, Sec. 26. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26035 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26035.

26035.  The director shall designate the persons employed by the department for purposes of the administration and enforcement of this division. The director shall ensure that a sufficient number of employees are qualified peace officers for purposes of enforcing this division.(Amended by Stats. 2021, Ch. 70, Sec. 27. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26036 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26036.

26036.  Nothing in this division shall be interpreted to supersede or limit state agencies from exercising their existing enforcement authority, including, but not limited to, under the Fish and Game Code, the Food and Agricultural Code, the Government Code, the Health and Safety Code, the Public Resources Code, the Water Code, or the application of those laws.(Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
CA Bus & Prof Code § 26037 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26037.

26037.  (a) The actions of a licensee, its employees, and its agents that are (1) permitted under a license issued under this division and any applicable local ordinances and (2) conducted in accordance with the requirements of this division and regulations adopted pursuant to this division, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.(b) The actions of a person who, in good faith, allows his or her property to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and any applicable local ordinances, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law.(Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
CA Bus & Prof Code § 26037.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26037.5.

26037.5.  (a) A person or entity shall not engage in commercial cannabis activity without a state license issued by the department pursuant to this division.(b) The requirement to obtain a state license for the cultivation of cannabis pursuant to this division does not apply to the cultivation of cannabis in accordance with Section 11362.1 of the Health and Safety Code or the Compassionate Use Act or to persons or entities licensed under subdivision (b) of Section 26070.5.(Added by Stats. 2021, Ch. 70, Sec. 28. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26039.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26039.1.

26039.1.  (a) When the department has evidence that cannabis or a cannabis product is adulterated or misbranded, the department shall notify the licensee. The licensee may conduct a voluntary recall of the affected cannabis or cannabis product and may remediate the cannabis or cannabis product, if approved by the department, or shall destroy the affected cannabis or cannabis product under the supervision of the department.(b) The department may issue a mandatory recall order and require the licensee to immediately cease distribution of cannabis or a cannabis product and recall the cannabis or cannabis product if the department determines both of the following:(1) The cultivation, manufacture, distribution, or sale of the cannabis or cannabis product creates or poses an immediate and serious threat to human life or health.(2) Other procedures available to the department to remedy or prevent the occurrence of the situation would result in an unreasonable delay.(c) The department shall provide the licensee an opportunity for an informal proceeding on the matter, as determined by the department, within five days, on the actions required by the order and on why the cannabis or cannabis product should not be recalled. Following the proceeding, the order shall be affirmed, modified, or set aside as determined appropriate by the department.(d) The department’s powers set forth in this section expressly include the power to order movement, segregation, isolation, or destruction of cannabis or cannabis products, as well as the power to hold cannabis or cannabis products in place.(e) If the department determines it is necessary, it may issue the mandatory recall order, may conduct the recall, and may use all appropriate measures to obtain reimbursement from the licensee for any and all costs associated with these orders. All funds obtained by the department from these efforts shall be deposited in the Cannabis Control Fund, and shall be available for use by the department upon appropriation by the Legislature.(f) It is unlawful to move or allow to be moved cannabis or a cannabis product subject to an order issued pursuant to this section unless that person has first obtained written authorization from the department.(Added by renumbering Section 26132 by Stats. 2021, Ch. 70, Sec. 70. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26039.4 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26039.4.

26039.4.  A peace officer, including a peace officer with the department, may seize cannabis and cannabis products in any of the following circumstances:(a) The cannabis or cannabis product is subject to recall or embargo by the department.(b) The cannabis or cannabis product is subject to destruction pursuant to this division.(c) The cannabis or cannabis product is seized related to an investigation or disciplinary action for violation of this division.(Added by renumbering Section 26135 by Stats. 2021, Ch. 70, Sec. 73. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26039.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26039.5.

26039.5.  (a) Cannabis or a cannabis product is misbranded if it is any of the following:(1) Cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division.(2) Consists of cannabis or cannabis product that was cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division. (3) Its labeling is false or misleading in any particular.(4) Its labeling or packaging does not conform to the requirements of Section 26120 or any other labeling or packaging requirement established pursuant to this division.(b) It is unlawful to cultivate, process, manufacture, sell, deliver, hold, or offer for sale cannabis or a cannabis product that is misbranded.(c) It is unlawful to misbrand cannabis or a cannabis product.(d) It is unlawful to receive in commerce cannabis or a cannabis product that is misbranded or to distribute, deliver, or offer for delivery any such cannabis or cannabis product.(Added by renumbering Section 26121 by Stats. 2021, Ch. 70, Sec. 67. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26039.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 3 - Enforcement|Section 26039.6.

26039.6.  (a) Cannabis or a cannabis product is adulterated if it is any of the following:(1) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered injurious.(2) It consists, in whole or in part, of any filthy, putrid, or decomposed substance.(3) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use suggested in the labeling or under conditions that are customary or usual.(4) It bears or contains a substance that is restricted or limited under this division or regulations promulgated pursuant to this division and the level of substance in the product exceeds the limits specified pursuant to this division or in regulation.(5) Its concentrations differ from, or its purity or quality is below, that which it is represented to possess.(6) The methods, facilities, or controls used for its cultivation, manufacture, packing, or holding do not conform to, or are not operated or administered in conformity with, practices established by regulations adopted under this division to ensure that the cannabis or cannabis product meets the requirements of this division as to safety and has the concentrations it purports to have and meets the quality and purity characteristics that it purports or is represented to possess.(7) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.(8) It is an edible cannabis product and a substance has been mixed or packed with it after testing by a testing laboratory so as to reduce its quality or concentration or if a substance has been substituted, wholly or in part, for the edible cannabis product.(b) It is unlawful to cultivate, manufacture, distribute, sell, deliver, hold, or offer for sale cannabis or a cannabis product that is adulterated.(c) It is unlawful to adulterate cannabis or a cannabis product.(d) It is unlawful to receive in commerce cannabis or a cannabis product that is adulterated or to distribute, deliver, or proffer for delivery any such cannabis or cannabis product.(Added by renumbering Section 26131 by Stats. 2021, Ch. 70, Sec. 69. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26040 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26040.

26040.  (a) (1) There is established in state government, in the Business, Consumer Services, and Housing Agency, a Cannabis Control Appeals Panel which shall consist of the following members:(A) One member appointed by the Senate Committee on Rules.(B) One member appointed by the Speaker of the Assembly.(C) Three members appointed by the Governor and subject to confirmation by a majority vote of all of the members elected to the Senate.(2) Each member appointed by the Governor, at the time of their initial appointment, shall be a resident of a different county from the one in which either of the other members appointed by the Governor resides. Members of the panel shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.(b) The members of the panel may be removed from office by their appointing authority.(Amended by Stats. 2020, Ch. 93, Sec. 1. (AB 1872) Effective September 18, 2020. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26041 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26041.

26041.  All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The Executive Director of the panel shall furnish the equipment, supplies, and housing necessary for the authorized activities of the panel and shall perform such other mechanics of administration as determined by the panel.(Amended by Stats. 2021, Ch. 70, Sec. 30. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26042 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26042.

26042.  The panel shall adopt procedures for appeals similar to the procedures used in Article 3 (commencing with Section 23075) and Article 4 (commencing with Section 23080) of Chapter 1.5 of Division 9 of the Business and Professions Code. Such procedures shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
CA Bus & Prof Code § 26043 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26043.

26043.  (a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denying the person’s renewal of any license, placing any license on probation, imposing any condition on any license, imposing any fine on any license or licensee, assessing any penalty on any license, or canceling, suspending, revoking, or otherwise disciplining any license as provided for under this division, may appeal the department’s written decision to the panel.(b) The panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the panel shall not receive evidence in addition to that considered by the department.(c) Review by the panel of a decision of the department shall be limited to the following questions:(1) Whether the department has proceeded without or in excess of its jurisdiction.(2) Whether the department has proceeded in the manner required by law.(3) Whether the decision is supported by the findings.(4) Whether the findings are supported by substantial evidence in the light of the whole record.(Amended by Stats. 2021, Ch. 70, Sec. 31. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)