reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 26044 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26044.

26044.  (a) In appeals where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for reconsideration in the light of that evidence.(b) Except as provided in subdivision (a), in all appeals, the panel shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the panel may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department(Amended by Stats. 2021, Ch. 70, Sec. 32. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26045 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26045.

26045.  (a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the department in the performance of its duties, but a writ of mandate shall lie from the Supreme Court or the courts of appeal in any proper case.(b) Any person affected by a final order of the panel, including the department, may apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of that final order.(c) The application for writ of review shall be made within 30 days after filing of the final order.(d) The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this chapter. A copy of every pleading filed pursuant to this chapter shall be served on the panel, the department, and on each party who entered an appearance before the panel.(e) No decision of the department that has been appealed to the panel and no final order of the panel shall become effective during the period in which application may be made for a writ of review, as provided by subdivision (c).(f) The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the department, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, rule, or decision of the department subject to review, upon the terms and conditions which it by order directs.(Amended by Stats. 2021, Ch. 70, Sec. 33. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26046 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26046.

26046.  (a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether:(1) The department has proceeded without or in excess of its jurisdiction.(2) The department has proceeded in the manner required by law.(3) The decision of the department is supported by the findings.(4) The findings in the department’s decision are supported by substantial evidence in the light of the whole record.(5) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department.(b) Nothing in this chapter shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.(Amended by Stats. 2021, Ch. 70, Sec. 34. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26047 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 4 - Appeals|Section 26047.

26047.  The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Those questions of fact shall include ultimate facts and the findings and conclusions of the department. The panel, the department, and each party to the action or proceeding before the panel shall have the right to appear in the review proceeding. Following the hearing, the court shall enter judgment either affirming or reversing the decision of the department, or the court may remand the case for further proceedings before or reconsideration by the department.(Amended by Stats. 2021, Ch. 70, Sec. 35. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26050 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26050.

26050.  (a) The license classification pursuant to this division shall, at a minimum, be as follows:(1) Type 1—Cultivation; Specialty outdoor; Small.(2) Type 1A—Cultivation; Specialty indoor; Small.(3) Type 1B—Cultivation; Specialty mixed-light; Small.(4) Type 1C—Cultivation; Specialty cottage; Small.(5) Type 2—Cultivation; Outdoor; Small.(6) Type 2A—Cultivation; Indoor; Small.(7) Type 2B—Cultivation; Mixed-light; Small.(8) Type 3—Cultivation; Outdoor; Medium.(9) Type 3A—Cultivation; Indoor; Medium.(10) Type 3B—Cultivation; Mixed-light; Medium.(11) Type 4—Cultivation; Nursery.(12) Type 5—Cultivation; Outdoor; Large.(13) Type 5A—Cultivation; Indoor; Large.(14) Type 5B—Cultivation; Mixed-light; Large.(15) Type 6—Manufacturer 1.(16) Type 7—Manufacturer 2.(17) Type 8—Testing laboratory.(18) Type 10—Retailer.(19) Type 11—Distributor.(20) Type 12—Microbusiness.(b) With the exception of testing laboratory licenses, which may be used to test cannabis and cannabis products regardless of whether they are intended for use by individuals who possesses a physician’s recommendation, all licenses issued under this division shall bear a clear designation indicating whether the license is for commercial adult-use cannabis activity as distinct from commercial medicinal cannabis activity by prominently affixing an “A” or “M,” respectively. Examples of such a designation include, but are not limited to, “A-Type 1” or “M-Type 1.” Except as specifically specified in this division, the requirements for A-licenses and M-licenses shall be the same. For testing laboratories, the department shall create a license that indicates a testing laboratory may test both adult-use and medicinal cannabis.(c) A license issued pursuant to this division shall be valid for 12 months from the date of issuance. The license may be renewed annually.(d) The department shall establish procedures for the issuance and renewal of licenses.(Amended by Stats. 2021, Ch. 70, Sec. 36. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26051 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26051.

26051.  (a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.(b) It shall be unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any person or persons to monopolize, any part of the trade or commerce related to cannabis. The Attorney General shall have the sole authority to enforce the provisions of this subdivision.(c) In determining whether to grant, deny, or renew a retail license, microbusiness license, or a license issued under Section 26070.5, the department shall consider if an excessive concentration exists in the area where the licensee will operate. For purposes of this section “excessive concentration” applies when either of the following conditions exist:(1) The ratio of licensees to population in the census tract or census division in which the applicant premises is located exceeds the ratio of licensees to population in the county in which the applicant premises is located, unless denial of the application would unduly limit the development of the legal market so as to perpetuate the illegal market for cannabis or cannabis products.(2) The ratio of retail licenses, microbusiness licenses, or licenses under Section 26070.5 to the population in the census tract, census division, or jurisdiction exceeds that allowable by local ordinance adopted under Section 26200.(Amended by Stats. 2021, Ch. 70, Sec. 38. (AB 141) Effective July 12, 2021.)
CA Bus & Prof Code § 26052 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26052.

26052.  (a) A licensee shall not perform any of the following acts, or permit any of the following acts to be performed by any employee, agent, or contractor of the licensee:(1) Make any contract in restraint of trade in violation of Section 16600.(2) Form a trust or other prohibited organization in restraint of trade in violation of Section 16720.(3) Make a sale or contract for the sale of cannabis or cannabis products, or to fix a price charged therefor, or discount from, or rebate upon, that price, on the condition, agreement, or understanding that the consumer or purchaser thereof shall not use or deal in the goods, merchandise, machinery, supplies, commodities, or services of a competitor or competitors of the seller, where the effect of that sale, contract, condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of trade or commerce.(4) Sell any cannabis or cannabis products at less than cost for the purpose of injuring competitors, destroying competition, or misleading or deceiving purchasers or prospective purchasers.(5) Discriminate between different sections, communities, or cities or portions thereof, or between different locations in those sections, communities, or cities or portions thereof in this state, by selling or furnishing cannabis or cannabis products at a lower price in one section, community, or city or any portion thereof, or in one location in that section, community, or city or any portion thereof, than in another, for the purpose of injuring competitors or destroying competition.(6) Sell any cannabis or cannabis products at less than the cost thereof to such vendor, or to give away any article or product for the purpose of injuring competitors or destroying competition.(b) Any person who, either as director, officer, or agent of any firm or corporation, or as agent of any person, violates the provisions of this chapter, or assists or aids, directly or indirectly, in that violation is responsible therefor equally with the person, firm, or corporation for which that person acts.(c) Any person or trade association may bring an action to enjoin and restrain any violation of this section for the recovery of damages.(Amended by Stats. 2017, Ch. 27, Sec. 36. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26053 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26053.

26053.  (a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.(b)  (1)  A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license.(2) A person with a financial interest in a state testing laboratory license under this division is prohibited from holding a financial interest in any other type of cannabis license.(c) Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division.(d) Each applicant or licensee shall apply for, and if approved, shall obtain, a separate license for each location where it engages in commercial cannabis activity.(Amended by Stats. 2021, Ch. 70, Sec. 40. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26054 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26054.

26054.  (a) A licensee shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division.(b) A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued, unless the department or a local jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.(c) It shall not be a violation of state or local law for a business engaged in the manufacture of cannabis accessories to possess, transport, purchase, or otherwise obtain small amounts of cannabis or cannabis products as necessary to conduct research and development related to the cannabis accessories, provided the cannabis and cannabis products are obtained from a person licensed under this division permitted to provide or deliver the cannabis or cannabis products.(d) It shall not be a violation of state or local law for an agent of the department to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the department.(e) It shall not be a violation of state or local law for an agent of a state agency, as defined in Section 1100 of the Government Code, or a local agency, as defined in Section 50001 of the Government Code, to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the state or local agency.(Amended by Stats. 2021, Ch. 70, Sec. 41. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26056 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26056.

26056.  The requirements of Sections 13143.9, 13145, and 13146 of the Health and Safety Code shall apply to all licensees.(Repealed and added by Stats. 2017, Ch. 27, Sec. 44. (SB 94) Effective June 27, 2017.)
CA Bus & Prof Code § 26058 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26058.

26058.  Upon the denial of any application for a license, the department shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written petition for a license with the department. Upon receipt of a timely filed petition, the department shall set the petition for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. Any appeal from a final decision of the department shall be conducted in accordance with Chapter 4 (commencing with Section 26040).(Amended by Stats. 2021, Ch. 70, Sec. 45. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26059 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 5 - Licensing|Section 26059.

26059.  An applicant shall not be denied a state license if the denial is based solely on any of the following:(a) A conviction or act that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made for which the applicant or licensee has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.(b) A conviction that was subsequently dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code or any other provision allowing for dismissal of a conviction.(Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
CA Bus & Prof Code § 26060 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 6 - Licensed Cultivation Sites|Section 26060.

26060.  (a) (1) For the purposes of this division, cannabis is an agricultural product.(2) In issuing cannabis cultivation licenses, the department shall consider issues, including, but not limited to, water use and environmental impacts. If the State Water Resources Control Board or the Department of Fish and Wildlife finds, based on substantial evidence, that cannabis cultivation is causing significant adverse impacts on the environment in a watershed or other geographic area, the department shall not issue new licenses or increase the total number of plant identifiers within that watershed or area.(b) The regulations related to cannabis cultivation shall do all of the following:(1) Provide that weighing or measuring devices used in connection with the sale or distribution of cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001).(2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws.(3) Establish procedures for the issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Chapter 6.5 (commencing with Section 26067). All cannabis shall be labeled with the unique identifier issued by the department.(4) Prescribe standards for the reporting of information as necessary related to unique identifiers pursuant to Chapter 6.5 (commencing with Section 26067).(c) The Department of Pesticide Regulation shall develop guidelines for the use of pesticides in the cultivation of cannabis and residue in harvested cannabis.(d) A cannabis cultivator shall not use any pesticide that has been banned for use in the state.(e) The regulations adopted by the department under this division shall implement the requirements of subdivision (b) of Section 26060.1.(f) The Department of Pesticide Regulation shall require that the application of pesticides or other pest control in connection with the indoor, outdoor, nursery, specialty cottage, or mixed-light cultivation of cannabis complies with Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations.(Amended by Stats. 2021, Ch. 70, Sec. 46. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26062.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 6 - Licensed Cultivation Sites|Section 26062.5.

26062.5.  A person shall not represent, sell, or offer for sale any cannabis or cannabis product as organic except in accordance with the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), if applicable. A person shall not represent, sell, or offer for sale any cannabis or cannabis product with the designation or certification established by the Department of Food and Agriculture or the State Department of Public Health pursuant to subdivision (a) of Section 26062 except in accordance with that subdivision.(Amended by Stats. 2019, Ch. 40, Sec. 8. (AB 97) Effective July 1, 2019.)
CA Bus & Prof Code § 26063 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 6 - Licensed Cultivation Sites|Section 26063.

26063.  (a) (1) No later than January 1, 2018, the department shall establish standards by which a licensed cultivator may designate a county, city, or city and county of origin for cannabis. To be eligible for the designation, 100 percent of the cannabis shall be produced within the designated county, city, or city and county, as defined by finite political boundaries.(2) Cannabis shall not be advertised, marketed, labeled, or sold as produced in a California county, city, or city and county, including any similar name that is likely to mislead consumers as to the kind of cannabis, when the cannabis was not produced in that county, city, or city and county.(3) The name of a California county, city, or city and county, including any similar name that is likely to mislead consumers as to the kind of cannabis contained in the product, shall not be used in the advertising, labeling, marketing, or packaging of cannabis products unless 100 percent of the cannabis contained in the product was produced in that county, city, or city and county.(b) (1) No later than January 1, 2022, the Department of Food and Agriculture shall establish a process by which licensed cultivators may establish appellations of origin, including standards, practices, and cultivars applicable to cannabis produced in a certain geographical area in California, not otherwise specified in subdivision (a).(2) Cannabis shall not be advertised, marketed, labeled, or sold using an appellation of origin established pursuant to paragraph (1), including any similar name that is likely to mislead consumers as to the kind of cannabis, unless the cannabis meets the appellation of origin requirements for, and was produced in, the geographical area.(3) An appellation of origin established pursuant to this subdivision, including any similar name that is likely to mislead consumers as to the kind of cannabis contained in a product, shall not be used in the advertising, labeling, marketing, or packaging of a cannabis product unless 100 percent of the cannabis contained in the product meets the appellation of origin requirements and was produced in the geographical area.(4) The Department of Food and Agriculture may collect fees to cover the reasonable regulatory costs of performing duties pursuant to this section. Any fees collected by the Department of Food and Agriculture pursuant to this section shall be deposited in the Department of Food and Agriculture Fund.(c) An appellation of origin shall not be approved unless it requires the practice of planting in the ground in the canopy area and excludes the practices of using structures, including a greenhouse, hoop house, glasshouse, conservatory, hothouse, and any similar structure, and any artificial light in the canopy area.(Amended (as amended by Stats. 2021, Ch. 70, Sec. 50) by Stats. 2021, Ch. 87, Sec. 5. (SB 160) Effective July 16, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
CA Bus & Prof Code § 26065 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 10 - Cannabis|CHAPTER 6 - Licensed Cultivation Sites|Section 26065.

26065.  An employee engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission.(Amended by Stats. 2017, Ch. 27, Sec. 55. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)