reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 7 - Powers › Section 26227.

26227. An association may engage in any activity in connection with the growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any cannabis product that is produced or delivered to it by its members; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities; or in any one or more of the activities that are specified in this section with a valid license.
(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 7 - Powers › Section 26227.1.

26227.1. An association may borrow without limitation as to the amount of corporate indebtedness or liability and may make advances to members.
(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 7 - Powers › Section 26227.2.

26227.2. An association may act as the agent or representative of any member or members in any of the activities specified in Section 26226.2 or 26226.3.
(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 7 - Powers › Section 26227.3.

26227.3. An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of an association that is engaged in any related activity or in the growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of a cannabis product that is handled 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 7 - Powers › Section 26227.4.

26227.4. An association may establish reserves and invest the funds of the reserves in bonds or in other property as may be provided 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 7 - Powers › Section 26227.5.

26227.5. An association may buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of, or incidental to, the business 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 7 - Powers › Section 26227.6.

26227.6. An association may levy assessments in the manner and in the amount as may be provided in its 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 7 - Powers › Section 26227.7.

26227.7. An association may do any of the following anywhere:
(a) That which is what is necessary, suitable, or proper for the accomplishment of a purpose, or the attainment of an object, that is enumerated in this article.
(b) That which is conducive to, or expedient for, the interest or benefit of the association.
(c) Contract accordingly.
(d) Exercise and possess all powers, rights, and privileges that are necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged.
(e) Exercise any other rights, powers, and privileges that are granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions 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 7 - Powers › Section 26227.75.

26227.75. An association may use or employ any of its facilities for any purpose, provided the proceeds that arise from such use and employment shall go to reduce the cost of operation for its members. The cannabis products that are handled for, or the services, machinery, equipment, or supplies or facilities that are furnished to, nonmembers shall not, however, exceed in value the cannabis products that are handled for, or the services, merchandise, or facilities that are supplied to, members during the same period.
(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 7 - Powers › Section 26227.8.

26227.8. (a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other association, with or without capital stock, that is engaged in growing, harvesting, curing, drying, trimming, packing, grading, storing, or handling of any cannabis product that is handled by the association, or the byproducts of the cannabis product.
(b) Any two or more associations that are organized pursuant to this section may be merged into one constituent association or consolidated into a new association. The merger or consolidation shall be made in the manner that is prescribed by the general laws of the state that cover 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 7 - Powers › Section 26227.9.

26227.9. (a) Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations and arrangements with another cannabis cooperative or association that is formed in this state for the cannabis cooperative and more economical carrying on of its business or any part of its business.
(b) Any two or more associations may, by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means, and agencies for carrying on and conducting their respective business.
(Amended by Stats. 2017, Ch. 253, Sec. 12. (AB 133) Effective September 16, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 8 - Financial Provisions › Section 26228.

26228. An association is not subject in any manner to the terms of the Corporate Securities Law (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code), and any association may issue its membership certificates or stock or other securities as provided in this chapter without the necessity of any qualification under that 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 8 - Financial Provisions › Section 26228.1.

26228.1. If an association issues nonpar value stock, the issuance of the stock shall be governed by the terms of all general laws that cover the issuance of nonpar value stock in 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 8 - Financial Provisions › Section 26228.2.

26228.2. If an association with preferred shares of stock purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations that are so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred stock to an amount that at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest that is purchased is equivalent to payment in cash for the shares of stock that are issued.
(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 8 - Financial Provisions › Section 26228.3.

26228.3. The board of directors of every association shall cause to be sent to the members of the association not later than 120 days after the close of the fiscal or calendar year an annual report of the operations of the association, unless the report is expressly dispensed with in the bylaws. If required by the bylaws, interim reports of the operations of the association for the three-month, six-month, or nine-month periods of the current fiscal year of the association shall be furnished to the members of the association. Such annual report and any such interim reports shall include a balance sheet as of such closing date. Such financial statement shall be prepared from, and be in accordance with, the books. It shall be prepared in a form that is sanctioned by sound accounting practice for the association or approved by a duly certified public accountant or a public accountant.
(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 9 - Members › Section 26229.

26229. Under the terms and conditions that are prescribed in the bylaws adopted by it, an association may admit as members or issue common stock only to persons engaged in the cultivation of a cannabis product that is to be handled by or through 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 9 - Members › Section 26229.1.

26229.1. If a member of a nonstock association is other than a natural person, the member may be represented by any individual, associate, officer, or manager or member of it, who is duly authorized in writing.
(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 9 - Members › Section 26229.2.

26229.2. Any association may become a member or stockholder of any other 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 9 - Members › Section 26229.3.

26229.3. If a member of an association that is established without shares of stock has paid his membership fee in full, he or she shall receive a certificate of membership.
(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 9 - Members › Section 26229.4.

26229.4. An association shall not issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but the retention as security does not affect the member’s right to vote.
(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 9 - Members › Section 26229.5.

26229.5. An association, in its bylaws, may limit the amount of common stock that any member may own.
(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 9 - Members › Section 26229.6.

26229.6. The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to a person that is not qualified to be a shareholder or member as specified in this chapter. These restrictions shall be printed upon every certificate of stock or membership that is subject to them.
(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 9 - Members › Section 26229.7.

26229.7. The association may, at any time, as specified in the bylaws, except when the debts of the association exceed 50 percent of its assets, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one year thereafter.
(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 9 - Members › Section 26229.8.

26229.8. A member or stockholder is not liable for the debts of the association to an amount that exceeds the sum that remains unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory note that is given in payment of the membership fee or the subscription to the capital 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 10 - Marketing Contracts › Section 26230.

26230. The association and its members may make and execute marketing contracts that require the members to sell, for any period of time, but not over 15 years, all or a specified part of a cannabis product exclusively to or through the association, or a facility that is created by the association. If the members contract a sale to the association, title to the cannabis product passes absolutely and unreservedly, except for recorded liens, to the association upon delivery or at another specified time that is expressly and definitely agreed in the contract.
(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 10 - Marketing Contracts › Section 26230.1.

26230.1. Notwithstanding any provisions of the Civil Code, a contract that is entered into by a member or stockholder of an association that provides for the delivery to the association of a cannabis product that is produced or acquired by the member or stockholder may be specifically enforced by the association to secure the delivery to it of the cannabis product.
(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 10 - Marketing Contracts › Section 26230.2.

26230.2. The bylaws or a marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of a cannabis product and may provide that the member will pay all costs, premiums for bonds, expenses, and fees, if any action is brought upon the contract by the association. These provisions are valid and enforceable in the courts of this state. The clauses that provide for liquidated damages are enforceable as such and shall not be regarded as penalties.
(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 10 - Marketing Contracts › Section 26230.3.

26230.3. If there is a breach or threatened breach of a marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of the action and upon filing a verified complaint that shows the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the 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 11 - Reorganization of Corporations Organized Pursuant to Other Laws › Section 26231.

26231. A corporation that is organized or existing pursuant to any law except Part 12 (commencing with Section 14550) of Division 3 of Title 1 of the Corporations Code may be brought under the provisions of this chapter by amending its articles of incorporation, in the manner that is prescribed by the general corporation laws, to conform to this chapter. If a corporation amends its articles of incorporation to conform to this chapter, it shall be deemed to be organized and existing pursuant to, and entitled to the benefit of, and subject to this chapter for all purposes and as fully as though it had been originally organized pursuant to this chapter.
(Amended by Stats. 2018, Ch. 92, Sec. 32. (SB 1289) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 22 - Cannabis Cooperative Associations › ARTICLE 11 - Reorganization of Corporations Organized Pursuant to Other Laws › Section 26231.1.

26231.1. Articles of incorporation shall be deemed to conform to this chapter within the meaning of Section 26231 if it clearly appears from the articles of incorporation that the corporation desires to be subject to, and to be organized, exist, and function pursuant to 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 11 - Reorganization of Corporations Organized Pursuant to Other Laws › Section 26231.2.

26231.2. If the amended articles conform, as provided in Section 26231.1, provisions in the articles of incorporation that appeared in the original articles or some previous amended articles, are ineffective if, and to the extent that, they are inapplicable to, or inconsistent 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 23 - The California Cannabis Equity Act › Section 26242.

26242. (a) The department may provide technical assistance to a local equity program that helps local equity applicants or local equity licensees. When determining whether to provide technical assistance, the department shall make individual determinations based on the reasonableness of the request and available resources.
(b) “Technical assistance” includes providing training and educational sessions regarding state cannabis licensing and regulatory processes and requirements to equity applicants or equity licensees that are coordinated with the local equity program.
(Amended by Stats. 2021, Ch. 70, Sec. 92. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 23 - The California Cannabis Equity Act › Section 26246.

26246. (a) To facilitate greater equity in business ownership and employment in the cannabis market, the department shall serve as a point of contact for local equity programs.
(b) On or before January 1, 2022, the Governor’s Office of Business and Economic Development shall publish on its internet website local equity ordinances that have been enacted by the legislative body of the respective local jurisdiction, and model local equity ordinances created by advocacy groups and experts. Advocacy groups and experts may include, but are not limited to, minority business owners and entrepreneurs, organizations with expertise in addressing barriers to employment and licensure for low-income communities or persons with prior arrests or convictions, and unions representing cannabis workers.
(c) To the extent feasible, the department and the Governor’s Office of Business and Economic Development shall coordinate with the relevant local jurisdictions to carry out the responsibilities described in this section.
(Amended by Stats. 2021, Ch. 70, Sec. 94. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 23 - The California Cannabis Equity Act › Section 26248.

26248. (a) On or before July 1, 2021, and annually thereafter, the Governor’s Office of Business and Economic Development shall submit a report to the Legislature regarding the progress of local equity programs that have received funding pursuant to Section 26244.
(b) The report shall include, but is not limited to, the following information:
(1) The local jurisdictions that have enacted local equity programs.
(2) A copy of the equity assessment and equity program description of each local jurisdiction that applied for grant funding pursuant to Section 26244.
(3) The number of local equity applicants and general applicants applying for and receiving licenses in the jurisdictions that received grants pursuant to Section 26244.
(4) Information collected pursuant to subdivision (c) of Section 26244.
(c) The Governor’s Office of Business and Economic Development shall post the report required by this section on its internet website.
(d) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code, and shall apply notwithstanding Section 10231.5 of the Government Code.
(Amended by Stats. 2021, Ch. 70, Sec. 95. (AB 141) Effective July 12, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 23 - The California Cannabis Equity Act › Section 26250.

26250. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2018, Ch. 794, Sec. 3. (SB 1294) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 24 - Information Sharing with Financial Institutions › Section 26261.

26261. An individual or firm, that is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code, does not commit a crime under California law solely for providing insurance or related services to persons licensed to engage in commercial cannabis activity pursuant to this division.
(Added by Stats. 2022, Ch. 393, Sec. 1. (AB 2568) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 1 - Definitions › Section 26300.

26300. As used in this chapter, the following definitions apply:
(a) “Agreement” means an agreement relating to commercial cannabis authorized under this chapter and entered into between this state and another state or states.
(b) “Contracting state” means a state of the United States, including a district, commonwealth, territory, or possession subject to the legislative authority of the United States, with which the Governor has entered into an agreement pursuant to this chapter.
(c) “Foreign license” means a commercial cannabis license issued under the laws of another state that has entered into an agreement pursuant to this chapter.
(d) “State license” means a commercial cannabis license issued by a licensing authority pursuant to this division.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26301.

26301. (a) The Governor may enter into an agreement with another state or states authorizing medicinal or adult-use commercial cannabis activity, or both, between entities licensed under the laws of the contracting state and entities operating with a state license, provided that both of the following criteria are met:
(1) The commercial cannabis activities are lawful and subject to licensure under the laws of the contracting state.
(2) With respect to the interstate transportation of cannabis or cannabis products, the agreement prohibits both of the following:
(A) The transportation of cannabis and cannabis products by any means other than those authorized under both the laws of the contracting state and the regulations of the department.
(B) The transportation of cannabis and cannabis products through the jurisdiction of a state, district, commonwealth, territory, or possession of the United States that does not authorize that transportation.
(b) Notwithstanding any other law, the execution of, and compliance with the terms of, an agreement does not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26302.

26302. (a) Notwithstanding any other law, a foreign licensee may engage in commercial cannabis activity with a state licensee and a state licensee may engage in commercial cannabis activity with a foreign licensee, subject to the requirements and limitations set forth in this chapter.
(b) A foreign licensee shall not engage in commercial cannabis activity within the boundaries of this state without a state license, or engage in commercial cannabis activity within a local jurisdiction without a license, permit, or other authorization issued by the local jurisdiction.
(c) A foreign licensee shall be subject to the jurisdiction of this state for the purpose of actions taken for violation of California commercial cannabis laws and regulations.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26303.

26303. (a) An agreement shall require that the contracting state impose requirements on foreign licensees with regard to cannabis and cannabis products to be sold or otherwise transferred or distributed within this state that meet or exceed the requirements applicable to state licensees, including all of the following:
(1) Enforceable public health and safety standards that are equivalent to the requirements of this division.
(2) Mandatory participation in a system administered by the state to regulate and track the cultivation, manufacturing, distribution, transportation, sale, and destruction of cannabis and cannabis products from seed to sale.
(3) Standards for the testing of cannabis or cannabis products that meet or exceed the standards applicable to testing laboratories licensed under this division.
(4) Requirements for the packaging and labeling of cannabis and cannabis products that meet or exceed the packaging and labeling requirements established pursuant to Chapter 12 (commencing with Section 26120).
(5) Requirements for quality assurance and inspection of cannabis or cannabis products that meet or exceed the requirements applicable to cannabis or cannabis products cultivated, manufactured, or sold by state licensees.
(6) Restrictions on marketing, labeling, and advertising within this state by foreign licensees that meet or exceed the restrictions on state licensees established in Section 26063 and Chapter 15 (commencing with Section 26150).
(7) A process for the identification of adulterated or misbranded cannabis products, and the destruction of those products, using standards that meet or exceed the standards and procedures established pursuant to this division.
(b) An agreement shall require that the contracting state impose restrictions upon advertising, marketing, labeling, or sale within the contracting state that meet or exceed the restrictions established in Section 26063.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26304.

26304. (a) An agreement shall include provisions requiring the department and the appropriate regulatory authorities of the contracting state to address public health and welfare emergencies concerning cannabis or cannabis products that are sold or intended for sale within this state, including for the prompt recall or embargo of adulterated or misbranded cannabis or cannabis products.
(b) An agreement shall include provisions requiring the appropriate regulatory authorities of each state to investigate instances of alleged noncompliance with the commercial cannabis regulatory programs upon request by the other state and in accordance with mutually agreed-upon procedures. An agreement shall include provisions requiring the contracting state to reasonably cooperate with California investigations concerning foreign licensees, and requiring the department to reasonably cooperate with investigations by the contracting state concerning persons or entities holding state licenses.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26305.

26305. An agreement shall include provisions determined by the Governor to promote the inclusion and support of individuals and communities in the cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26306.

26306. An agreement shall provide for collection of all applicable taxes.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26307.

26307. The Governor is exempt from the rulemaking procedures and requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) when entering into agreements or amendments to agreements, provided that prior to execution of an agreement or amendment to an agreement, the Governor shall do both of the following:
(a) Submit the proposed agreement or amendment to the Joint Legislative Budget Committee for review and comment. The committee shall have 60 days to review the proposed agreement or amendment and to submit written recommendations to the Governor. The committee shall only submit a recommendation to the Governor if a majority of the members agree to that recommendation. The Governor shall consider all recommendations submitted by the committee and may revise the proposed agreement or amendment to incorporate the recommendations. If the Governor does not incorporate any recommendation submitted by the committee, the Governor shall set forth, in writing, the reasons for not incorporating that recommendation.
(b) Post the proposed agreement or amendment on the department’s internet website for public comment for 30 days. The comments received shall be considered by the Governor.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 25 - Interstate Cannabis Agreements › ARTICLE 2 - Agreements › Section 26308.

26308. (a) An agreement entered into pursuant to this chapter shall not take effect unless one of the following occurs:
(1) Federal law is amended to allow for the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses.
(2) Federal law is enacted that specifically prohibits the expenditure of federal funds to prevent the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses.
(3) The United States Department of Justice issues an opinion or memorandum allowing or tolerating the interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses.
(4) The Attorney General issues a written opinion, through the process established pursuant to Section 12519 of the Government Code, that state law authorization, under an agreement pursuant to this chapter, for medicinal or adult-use commercial cannabis activity, or both, between foreign licensees and state licensees will not result in significant legal risk to the State of California under the federal Controlled Substances Act, based on review of applicable law, including federal judicial decisions and administrative actions.
(b) The department shall notify the Governor and the appropriate policy committees of the Legislature upon the occurrence of an event described in subdivision (a), and shall post the notification on the department’s internet website.
(Added by Stats. 2022, Ch. 396, Sec. 3. (SB 1326) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 26 - Medicinal Cannabis Patients Right of Access Act › Section 26320.

26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 26 - Medicinal Cannabis Patients Right of Access Act › Section 26321.

26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act.
(b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4) “Regulation” means a local ordinance, regulation, policy, or practice.
(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 26 - Medicinal Cannabis Patients Right of Access Act › Section 26323.

26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c) This section shall become operative on January 1, 2024.
(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 26 - Medicinal Cannabis Patients Right of Access Act › Section 26324.

26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.
(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 10 - Cannabis › CHAPTER 26 - Medicinal Cannabis Patients Right of Access Act › Section 26325.

26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)
2023 California Code › Civil Code - CIV › TITLE OF THE ACT › Section 1.

1. This Act shall be known as The Civil Code of the State of California, and is in Four Divisions, as follows:
I.—THE FIRST RELATING TO PERSONS.
II.—THE SECOND TO PROPERTY.
III.—THE THIRD TO OBLIGATIONS.
IV.—THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE PRECEDING DIVISIONS.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 4.

4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 7.1.

7.1. Optional bank holidays within the meaning of Section 9 are:
(a) Any closing of a bank because of an extraordinary situation, as that term is defined in the Bank Extraordinary Situation Closing Act (Chapter 20 (commencing with Section 3600) of Division 1 of the Financial Code).
(b) Every Saturday.
(c) Every Sunday.
(d) January 1st.
(e) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(f) February 12, known as “Lincoln Day.”
(g) The third Monday in February.
(h) The last Monday in May.
(i) July 4th.
(j) The first Monday in September.
(k) September 9th, known as “Admission Day.”
(l) The second Monday in October, known as “Columbus Day.”
(m) November 11th, known as “Veteran’s Day.”
(n) December 25th.
(o) Good Friday from 12 noon until closing.
(p) The Thursday in November appointed as “Thanksgiving Day.”
(q) Any Monday following any Sunday on which January 1st, February 12th, July 4th, September 9th, November 11th, or December 25th falls.
(r) Any Friday preceding any Saturday on which July 4th, September 9th, or December 25th falls.
(Added by Stats. 1994, Ch. 668, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 9.

9. All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or contract, or in any other way, to be performed by, at, or through any bank organized under the laws of or doing business in this state, any optional bank holiday as defined in Section 7.1 is not a business day; and provided, that any act appointed by law or contract, or in any other way, to be performed on any day which is an optional bank holiday as defined in Section 7.1, by, at, or through any bank or branch or office thereof, whether acting in its own behalf or in any other capacity whatsoever, may be performed on that optional bank holiday if the bank or branch or office by, at, or through which the act is to be performed is open for the transaction of business on that optional bank holiday, or, at the option of the person obligated to perform the act, it may be performed on the next succeeding business day.
(Amended by Stats. 1994, Ch. 668, Sec. 2. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 14.

14. (a) Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well as a natural person; county includes city and county; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose”; signature or subscription includes mark, when the person cannot write, his name being written near it, by a person who writes his own name as a witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto.
(b) The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
(1) The word “property” includes property real and personal.
(2) The words “real property” are coextensive with lands, tenements, and hereditaments.
(3) The words “personal property” include money, goods, chattels, things in action, and evidences of debt.
(4) The word “month” means a calendar month, unless otherwise expressed.
(5) The word “will” includes codicil.
(6) The word “section” whenever hereinafter employed refers to a section of this code, unless some other code or statute is expressly mentioned.
(7) The word “spouse” includes a registered domestic partner, as required by Section 297.5 of the Family Code.
(Amended by Stats. 2016, Ch. 50, Sec. 3. (SB 1005) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 19.

19. Every person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he or she might have learned that fact.
(Amended by Stats. 2017, Ch. 561, Sec. 15. (AB 1516) Effective January 1, 2018.)
2023 California Code › Civil Code - CIV › PRELIMINARY PROVISIONS › Section 20.

20. No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed or abrogated.
This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 1 - PERSONS WITH UNSOUND MIND › Section 38.

38. A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of the person or the person’s family.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 1 - PERSONS WITH UNSOUND MIND › Section 39.

39. (a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescission, as provided in Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3.
(b) A rebuttable presumption affecting the burden of proof that a person is of unsound mind shall exist for purposes of this section if the person is substantially unable to manage his or her own financial resources or resist fraud or undue influence. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.
(Amended by Stats. 1995, Ch. 842, Sec. 1. Effective January 1, 1996.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 1 - PERSONS WITH UNSOUND MIND › Section 40.

40. (a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his or her restoration to capacity.
(b) Subject to Sections 1873 to 1876, inclusive, of the Probate Code, the establishment of a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code is a judicial determination of the incapacity of the conservatee for the purposes of this section.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 1 - PERSONS WITH UNSOUND MIND › Section 41.

41. A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Civil Code - CIV › DIVISION 1 - PERSONS › PART 2 - PERSONAL RIGHTS › Section 43.

43. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
(Amended by Stats. 1953, Ch. 604.)