reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 16 - Records › Section 26161.5.

26161.5. (a) A licensee shall not disclose a consumer’s personal information to a third party, except to the extent necessary to allow responsibility for payment to be determined and payment to be made or if the consumer has consented to the licensee’s disclosure of the personal information. This section does not prohibit the disclosure of nonpublic personal information to the State of California or a city, county, or city and county to perform official duties pursuant to this division or a local ordinance.
(b) A licensee shall not discriminate against a consumer, or deny a consumer a product or service, because the consumer has not provided consent, pursuant to subdivision (a), to authorize the licensee to disclose the consumer’s nonpublic personal information to a third party not directly related to the transaction.
(c) For purposes of this section, “personal information” has the same meaning as defined in subdivision (d) of Section 1798.81.5 of the Civil Code.
(d) For the purposes of this section, “third party” does not include a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain a consumer’s personal information for any other purpose or share a consumer’s personal information with any party other than the contracting licensee.
(e) This section provides greater protection to personal information than that provided by Section 1798.81.5 of the Civil Code, which does not apply to licensees under this division pursuant to paragraph (5) of subdivision (e) of Section 1798.81.5 of the Civil Code.
(Added by Stats. 2018, Ch. 583, Sec. 1. (AB 2402) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 16 - Records › Section 26162.

26162. (a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the office or the department for the purposes of administering this chapter are confidential and shall not be disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, or a local ordinance.
(b) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the department for the purposes of administering this chapter shall be maintained in accordance with Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code, Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, and other state and federal laws relating to confidential patient information.
(c) Nothing in this section precludes the following:
(1) Employees of the department notifying state or local agencies about information submitted to the agency that the employee suspects is falsified or fraudulent.
(2) Notifications from the department to state or local agencies about apparent violations of this division or applicable local ordinance.
(3) Verification of requests by state or local agencies to confirm licenses and certificates issued by the department or other state agency.
(4) Provision of information requested pursuant to a court order or subpoena issued by a court or an administrative agency or local governing body authorized by law to issue subpoenas.
(d) Information shall not be disclosed by any state or local agency beyond what is necessary to achieve the goals of a specific investigation, notification, or the parameters of a specific court order or subpoena.
(Amended by Stats. 2022, Ch. 28, Sec. 19. (SB 1380) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 16 - Records › Section 26162.5.

26162.5. (a) Identification cards issued pursuant to Section 11362.71 of the Health and Safety Code are hereby deemed “medical information” within the meaning of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and shall not be disclosed by a licensee except as (1) necessary for the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, Part 1 (commencing with Section 6001) and Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code, or a local ordinance, or (2) to a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain medical information for any other purpose or share information with any party other than the contracting licensee.
(b) Information contained in a physician’s recommendation issued in accordance with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 and received by a licensee, including, but not limited to, the name, address, or social security number of the patient, the patient’s medical condition, or the name of the patient’s primary caregiver is hereby deemed “medical information” within the meaning of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and shall not be disclosed by a licensee except as (1) necessary for the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, Part 1 (commencing with Section 6001) and Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code, or a local ordinance, or (2) to a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain medical information for any other purpose or share information with any party other than the contracting licensee.
(Amended by Stats. 2019, Ch. 837, Sec. 7. (SB 34) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 16 - Records › Section 26163.

26163. (a) The department shall, upon the request of the CalSavers Retirement Savings Board, furnish to the board, as applicable, the following information with respect to every licensee:
(1) Licensee.
(2) Licensee’s physical and mailing addresses.
(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(b) Information shared with the CalSavers Retirement Savings Board shall be used only for the purposes of administering the CalSavers Retirement Program.
(Amended by Stats. 2021, Ch. 70, Sec. 80. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 18 - License Fees › Section 26180.

26180. The department shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this division, as follows:
(a) The department shall charge each licensee a licensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this division. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this division as they relate to the nature and scope of the different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 26067, but shall not exceed the reasonable regulatory costs to the department.
(b) The total fees assessed pursuant to this division shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this division.
(c) All license fees shall be set on a scaled basis by the department, dependent on the size of the business.
(d) The department shall deposit all fees collected in a fee account to be established in the Cannabis Control Fund. Moneys in the fee account shall be used, upon appropriation by the Legislature, by the department for the administration of this division.
(Amended by Stats. 2021, Ch. 70, Sec. 81. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 18 - License Fees › Section 26180.5.

26180.5. No later than January 1, 2018, the Secretary of Business, Consumer Services, and Housing or his or her designee shall initiate work with the Legislature, the Department of Consumer Affairs, the Department of Food and Agriculture, the State Department of Public Health, and any other related departments to ensure that there is a safe and viable way to collect cash payments for taxes and fees related to the regulation of cannabis activity throughout the state.
(Added by Stats. 2017, Ch. 27, Sec. 97. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 18 - License Fees › Section 26181.

26181. The State Water Resources Control Board, the Department of Fish and Wildlife, and other agencies may establish fees to cover the costs of their cannabis programs.
(Amended by Stats. 2017, Ch. 27, Sec. 98. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 19 - Annual Reports; Performance Audit › Section 26190.5.

26190.5. The department shall contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, and formerly known as the California Marijuana Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills.
(Amended by Stats. 2021, Ch. 70, Sec. 83. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 19 - Annual Reports; Performance Audit › Section 26191.

26191. (a) Commencing January 1, 2022, and by January 1 triennially thereafter, the Office of State Audits and Evaluations within the Department of Finance shall conduct a performance audit of the department’s activities under this division, and shall report its findings to the department and the Legislature by July 1 of that same year. The report shall include, but not be limited to, the following:
(1) The actual costs of the program.
(2) The overall effectiveness of enforcement programs.
(3) Any report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(b) The Legislature shall provide sufficient funds to the Department of Finance to conduct the triennial audit required by this section.
(Amended by Stats. 2021, Ch. 70, Sec. 84. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 20 - Local Control › Section 26201.

26201. Any standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections established by the state shall be the minimum standards for all licensees under this division statewide. A local jurisdiction may establish additional standards, requirements, and regulations.
(Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 20 - Local Control › Section 26202.

26202. (a) A local jurisdiction may enforce this division and the regulations promulgated by the department if delegated the power to do so by the department.
(b) The department shall implement the delegation of enforcement authority in subdivision (a) through an agreement between the department and the local jurisdiction to which enforcement authority is to be delegated.
(Amended by Stats. 2021, Ch. 70, Sec. 86. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 20 - Local Control › Section 26203.

26203. (a) There is hereby established a task force on state and local regulation of commercial cannabis activity. The purpose of the task force is to promote communication between state and local entities engaged in the regulation of commercial cannabis activity and facilitate cooperation to enforce applicable state and local laws.
(b) The task force shall be composed of representatives from all of the following:
(1) The Department of Cannabis Control.
(2) The California Department of Tax and Fee Administration.
(3) The Department of Fish and Wildlife.
(4) The State Water Resources Control Board.
(5) The Department of the California Highway Patrol.
(6) The Labor and Workforce Development Agency.
(7) The Department of Justice.
(8) The Civil Rights Department.
(9) The Department of Industrial Relations.
(10) All local jurisdictions regulating commercial cannabis activity that opt to participate in the task force, which may send representatives from one or more of the following:
(A) The contact person designated pursuant to subdivision (f) of Section 26055.
(B) A county sheriff’s office or municipal police department.
(C) A district attorney’s office or city attorney’s office.
(c) Beginning July 1, 2023, the task force shall meet twice each fiscal year, through teleconference or similar means to facilitate remote participation, for discussions to be convened and led by the Department of Cannabis Control. Discussion topics may include, but need not be limited to, enforcement against the illicit market, social equity programs, state licensing requirements, and labor and workforce compliance.
(d) The task force shall not be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 822, Sec. 1. (AB 993) Effective January 1, 2024. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 21 - Funding › Section 26210.

26210. (a) The Marijuana Control Fund, formerly known as the Medical Cannabis Regulation and Safety Act Fund and the Medical Marijuana Regulation and Safety Act Fund, is hereby renamed the Cannabis Control Fund. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on moneys in the fund.
(b) Upon the effective date of this section, whenever “Marijuana Control Fund,” “Medical Cannabis Regulation and Safety Act Fund,” or “Medical Marijuana Regulation and Safety Act Fund” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Cannabis Control Fund.
(c) Any General Fund or special fund loan that was used to establish and support the regulatory activities of the state licensing entities pursuant to former Section 19351 shall be repaid by the initial proceeds from fees collected pursuant to this division or any rule or regulation adopted pursuant to this division, by January 1, 2022. Should the initial proceeds from fees not be sufficient to repay the loan, moneys from the Cannabis Fines and Penalties Account shall be made available to the department, by appropriation of the Legislature, to repay the loan.
(d) Except as otherwise provided, all moneys collected pursuant to this division as a result of fines or penalties imposed under this division shall be deposited directly into the Cannabis Fines and Penalties Account, which is hereby continued in existence, and shall be available, upon appropriation by the Legislature.
(Amended by Stats. 2021, Ch. 70, Sec. 87. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 21 - Funding › Section 26210.5.

26210.5. By July 1, 2018, the Bureau of Cannabis Control, in coordination with the Department of General Services, shall establish an office to collect fees and taxes in the County of Humboldt, County of Trinity, or County of Mendocino in order to ensure the safe payment and collection of cash in those counties.
(Amended by Stats. 2021, Ch. 70, Sec. 88. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 21 - Funding › Section 26211.

26211. (a) Funds for the initial establishment and support of the regulatory activities under this division, including the public information program described in subdivision (c), and for the activities of the California Department of Tax and Fee Administration under Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code until July 1, 2017, or until the 2017 Budget Act is enacted, whichever occurs later, shall be advanced from the General Fund and shall be repaid by the initial proceeds from fees collected pursuant to this division, any rule or regulation adopted pursuant to this division, or revenues collected from the tax imposed by Sections 34011 and 34012 of the Revenue and Taxation Code, by January 1, 2025.
(1) Funds advanced pursuant to this subdivision shall be appropriated to the department as necessary to implement the provisions of this division, and to the California Department of Tax and Fee Administration, as necessary, to implement the provisions of Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code.
(2) Within 45 days of November 9, 2016, the date this section became operative:
(A) The Director of Finance shall determine an amount of the initial advance from the General Fund to the Cannabis Control Fund that does not exceed thirty million dollars ($30,000,000); and
(B) There shall be advanced a sum of five million dollars ($5,000,000) from the General Fund to the State Department of Health Care Services to provide for the public information program described in subdivision (c).
(b) Notwithstanding subdivision (a), the Legislature shall provide sufficient funds to the Cannabis Control Fund to support the activities of the department under this division, and the California Department of Tax and Fee Administration to support its activities under Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. It is anticipated that this funding will be provided annually beginning on July 1, 2017.
(c) The State Department of Health Care Services shall establish and implement a public information program no later than September 1, 2017. This public information program shall, at a minimum, describe the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016, the scientific basis for restricting access of cannabis and cannabis products to persons under the age of 21 years, describe the penalties for providing access to cannabis and cannabis products to persons under the age of 21 years, provide information regarding the dangers of driving a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation while impaired from cannabis use, the potential harms of using cannabis while pregnant or breastfeeding, and the potential harms of overusing cannabis or cannabis products.
(Amended by Stats. 2021, Ch. 70, Sec. 89. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 1 - Definitions › Section 26220.

26220. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 1 - Definitions › Section 26220.1.

26220.1. “Association” means any cannabis cooperative that is organized pursuant to this chapter. An association shall be deemed incorporated pursuant to this chapter, or organized pursuant to this chapter and shall be deemed a cultivator of a cannabis product within the meaning of this chapter, if it is functioning under, or is subject to, the provisions of this chapter, irrespective of whether it was originally incorporated pursuant to those provisions or was incorporated under other provisions.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 1 - Definitions › Section 26220.2.

26220.2. “Member” includes members of associations without capital stock and holders of common stock in associations that are organized with shares of stock.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 1 - Definitions › Section 26220.3.

26220.3. “Cannabis product” includes any cannabis associated with a licensed cultivator.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.

26222. The purpose of this chapter is to do all of the following:
(a) Promote, foster, and encourage the intelligent and orderly marketing of cannabis product through cooperation.
(b) Eliminate speculation and waste.
(c) Make the distribution of cannabis product as direct as can be efficiently done.
(d) Stabilize the marketing of cannabis product.
(e) Satisfy the conditions of Section 26052.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.1.

26222.1. An exemption under law that applies to a cannabis product in the possession, or under the control, of the individual cultivator, shall apply similarly and completely to the cannabis product that is delivered by its cultivator members that are in the possession, or under the control, of the association.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.2.

26222.2. A person, firm, corporation, or association, that is hereafter organized or doing business in this state, may not use the word “cannabis cooperative” as part of its corporate name or other business name or title for producers’ cooperative marketing activities, unless it has complied with this chapter.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.3.

26222.3. An association that is organized pursuant to this chapter shall not conspire in restraint of trade, or serve as an illegal monopoly, attempt to lessen competition, or to fix prices in violation of law of this state.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.4.

26222.4. The marketing contracts and agreements between an association that is organized pursuant to this chapter and its members and any agreements authorized in this chapter shall not result in restraint of trade, or violation of law of this state.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.5.

26222.5. The General Corporation Law (Division 1 (commencing with Section 100) of Title 1 of the Corporations Code) applies to each association that is organized pursuant to this chapter, except where those provisions are in conflict with or inconsistent with the express provisions of this chapter. For the purpose of associations organized without shares of stock, the members shall be deemed to be “shareholders” as the term is used in the General Corporation Law.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 2 - General Provisions › Section 26222.6.

26222.6. (a) Except as provided in subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not apply to a proprietary interest in an association organized in accordance with this chapter. A proprietary interest that would otherwise escheat to the state pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure shall instead become the property of the association.
(b) Notwithstanding subdivision (a), no proprietary interest shall become the property of the association under this section unless all of the following requirements are satisfied:
(1) At least 60 days’ prior notice of the proposed transfer of the proprietary interest to the association is given to the affected member by first-class or certified mail to the last address of the member shown on the association’s records, and by publication in a newspaper of general circulation in the county in which the member last resided as shown on the association’s records. Notice given pursuant to this paragraph constitutes actual notice.
(2) No written notice objecting to the transfer is received by the association from the affected member or, if the member is deceased, from the member’s heirs or the executor or executrix of the estate, prior to the date of the proposed transfer.
(c) “Proprietary interest” means and includes any membership, membership certificate, membership share, share certificate, or equity or dividend certificate of any class representing a proprietary interest in, and issued by, the association together with all accrued and unpaid earnings, dividends, and patronage distributions relating thereto.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 3 - Purposes › Section 26223.

26223. (a) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following:
(1) The cultivation, marketing, or selling of the cannabis products of its members.
(2) The growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any product of its members.
(3) The manufacturing, selling, or supplying to its members of machinery, equipment, or supplies.
(4) The financing of the activities that are specified by this section.
(b) Members of a cannabis cooperative shall be disclosed to the department before the application is processed.
(c) Members of a cannabis cooperative formed pursuant to this chapter shall be limited to cultivators who only hold a single Type 1 or Type 2 license.
(d) Collectively, members of a cannabis cooperative shall not grow more than four acres of total canopy size of cultivation throughout the state during the period that the respective licensees are valid.
(e) No member of a cooperative formed pursuant to this section shall be licensed to operate a cannabis business in another state or country.
(Amended by Stats. 2021, Ch. 70, Sec. 90. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 4 - Articles of Incorporation › Section 26224.

26224. The articles of incorporation of an association shall show that the signers of the articles of incorporation are engaged in the cultivation of cannabis products, and that they propose to incorporate an association pursuant to this chapter, and shall state all of the following:
(a) The name of the association.
(b) The purposes for which it is formed.
(c) The city, county, or city and county where the principal office for the transaction of business of the association is to be located.
(d) The number of directors of the association, which shall not be less than three, and the names and addresses of the persons who are to serve as first directors. If it is desired that the first directors shall serve for terms of different lengths, the term for which each person so named to serve shall also be stated.
(e) If organized without shares of stock, whether the voting power and the property rights and interest of each member are equal or unequal. If voting power and property rights and interest of each member are unequal, the general rule or rules that are applicable to all members by which the voting power and the property rights and interests, respectively, of each member may be and are determined and fixed shall also be stated.
(f) (1) If organized with shares of stock, the number of shares that may be issued and if the shares are to have a par value, the par value of each share, and the aggregate par value of all shares. If the shares are to be without par value, it shall be so stated.
(2) If the shares of stock are to be classified, a description of the classes of shares and a statement of the number of shares of each kind or class and the nature and extent of the preferences, rights, privileges, and restrictions that are granted to or imposed upon the holders of the respective classes of stock. Except as to the matters and things so stated, no distinction shall exist between the classes of stock or the holders of them. One class of stock shall always be known as common stock, and voting power may be restricted to holders of common stock.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 4 - Articles of Incorporation › Section 26224.1.

26224.1. Articles of incorporation shall be signed, acknowledged, and filed in the manner that is prescribed by the general laws of this state for domestic corporations.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 4 - Articles of Incorporation › Section 26224.2.

26224.2. The articles of incorporation of any association may be amended in the manner and for the purposes which are authorized by the General Corporation Law, Division 1 (commencing with Section 100) of Title 1 of the Corporations Code.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.

26225. Each association shall, within 30 days after its incorporation, adopt for its government and management, a code of bylaws, consistent with this chapter. The vote or written assent of shareholders or members that hold at least a majority of the voting power is necessary to adopt the bylaws and is effectual to repeal or amend a bylaw, or to adopt an additional bylaw. The power to repeal and amend the bylaws, and adopt new bylaws, may, by a similar vote, or similar written assent, be delegated to the board of directors, which authority may, by a similar vote, or similar written assent, be revoked.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.1.

26225.1. The bylaws may prescribe the time, place, and manner of calling and conducting its meetings. Meetings of members or stockholders shall be held at the place as provided in the bylaws, or, if no provision is made, in the city, county, or city and county where the principal place of business is located at a place designated by the board of directors. Meetings of the board of directors may be held at any place within or without the state that is fixed by a quorum of the board of directors unless otherwise provided in the articles of incorporation or bylaws.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.2.

26225.2. The bylaws may prescribe the number of stockholders, directors, or members that constitutes a quorum.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.3.

26225.3. The bylaws may prescribe the following:
(a) The right of members or stockholders to vote by proxy or by mail or both, and the conditions, manner, form, and effects of those votes.
(b) The right of members or stockholders to cumulate their votes and the prohibition, if any, of cumulative voting.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.4.

26225.4. (a) The bylaws may prescribe the qualifications, compensation, duties, and term of office of directors and officers and the time of their election.
(b) The number of directors set forth in the articles of incorporation shall be either a fixed number or a variable number. If a fixed number, it shall not be less than three, and if a variable number, the stated minimum shall not be less than three and the stated maximum shall not be greater than two times the stated minimum minus one.
(c) The number of directors may also be set forth in the bylaws either as a fixed number or as a variable number subject to the same limitations as in subdivision (b). After shares have been issued or members have been admitted, any adoption or amendment of the bylaw provision shall be approved by the outstanding shares as provided in Section 152 of the Corporations Code.
(d) In the event of an inconsistency between an article provision referred to in subdivision (b) and a bylaw provision referred to in subdivision (c), the provision more recently adopted or amended shall prevail.
(e) If a variable number of directors is set forth in the articles of incorporation or the bylaws, the exact number of directors shall be fixed, within the limits specified, by approval of the board of directors or the shareholders as provided in Section 153 of the Corporations Code in the manner designated in the bylaws.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.5.

26225.5. The bylaws may prescribe penalties for violations of the bylaws.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.6.

26225.6. The bylaws may prescribe the amount of entrance, organization, and membership fees, if any, the manner and method of collection of the fees, and the purposes for which they may be used.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.7.

26225.7. The bylaws may prescribe the amount that each member or stockholder shall be required to pay annually, or from time to time, if at all, to carry on the business of the association, the charge, if any, to be paid by each member or stockholder for services that are rendered by the association to him, the time of payment and the manner of collection, and the marketing contract between the association and its members or stockholders that every member or stockholder may be required to sign.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.8.

26225.8. The bylaws may prescribe the amount of dividends, if any, that may be declared on the stock or membership capital. To the extent that dividends are payable out of the excess of association income over association expenses attributable to business transacted with or for members, dividends shall not exceed 8 percent per annum.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.9.

26225.9. The bylaws may prescribe any of the following:
(a) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock.
(b) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock.
(c) The manner of assignment and transfer of the interest of members, and of the shares of common stock.
(d) The conditions under which, and time when, membership of a member shall cease.
(e) The automatic suspension of the rights of a member when he or she ceases to be eligible to membership in the association.
(f) The mode, manner, and effect of the expulsion of a member.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 5 - Bylaws › Section 26225.95.

26225.95. (a) The bylaws may prescribe any of the following:
(1) The manner of determining the value of a member’s interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of his or her membership, or at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors.
(2) The conditions and terms for the repurchase by the association from its stockholders of their stock upon their disqualification as stockholders.
(b) If a member is expelled and the bylaws do not provide any procedure or penalty for expulsion, the board of directors shall equitably and conclusively appraise his or her property interest in the association and shall fix the amount of his or her property interest in money, which shall be paid to him or her within one year after such expulsion.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.

26226. The affairs of the association shall be managed by a board of not less than three directors who are elected by the members or stockholders.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.1.

26226.1. The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the several districts. If the bylaws divides the territory into districts for the election of directors, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.2.

26226.2. The bylaws may provide that primary elections shall be held to nominate directors. If the bylaws provide that the territory in which the association has members shall be divided into districts, the bylaws may also provide that the results of the primary elections in the various districts shall be final and shall be ratified at the annual meeting of the association.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.3.

26226.3. The bylaws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by representatives or advisers, who themselves have been elected by the members or stockholders from the several territorial districts. If the bylaws divide the territory into districts for the election of representatives or advisers who elect the directors, the bylaws shall specify the number of representatives or advisers to be elected by each district and the manner and method of reapportioning the representatives or advisers and of redistricting the territory that is covered by the association.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.4.

26226.4. The bylaws may provide that one or more directors may be chosen by a public official or commission or by the other directors selected by the members. The director shall represent primarily the interest of the general public in the association. The director shall have the same powers and rights as other directors. These directors shall not number more than one-fifth of the entire number of directors.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.5.

26226.5. The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.6.

26226.6. An association may provide a fair remuneration for the time that is actually spent by its officers and directors in its service and for the service of the members of its executive committee.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.7.

26226.7. If a vacancy on the board of directors occurs, except by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by districts. If the bylaws provide for an election of directors by districts, the vacancy shall be filled either by the election of a director from the district in which the vacancy occurs or by the board of directors calling a special meeting of the members or stockholders in that district to fill the vacancy.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.8.

26226.8. (a) The directors shall elect a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed by the bylaws. Any two or more offices, except those of president and secretary, may be held by the same person.
(b) The treasurer may be a bank or a depository and, as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 6 - Directors and Management › Section 26226.9.

26226.9. (a) A member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition that is signed by 5 percent of the members, which requests the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer, against whom the charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses. The person bringing the charges against him or her shall have the same opportunity.
(b) If the bylaws provide for election of directors by districts with primary elections in each district, the petition for removal of a director shall be signed by 20 percent of the members that reside in the district from which the director was elected. The board of directors shall call a special meeting of the members who reside in that district to consider the removal of the director. By a vote of the majority of the members of that district at the special meeting, the director in question shall be removed from office.
(Added by Stats. 2017, Ch. 27, Sec. 107. (SB 94) Effective June 27, 2017.)