California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 1 - Division Definitions and General Requirements › Section 15000.3 - Premises Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensed premises shall not be in a location that requires persons to pass
				  through a business that sells alcohol or tobacco or a private residence to
				  access the licensed premises.
(b) A
				  licensed premises shall not be in a location that requires persons to pass
				  through the licensed premises to access a business that sells alcohol or
				  tobacco or a private residence.
(c)
				  A licensed premises shall not include the living areas of a private residence,
				  such as bathrooms, bedrooms, kitchens, and living rooms, unless living areas
				  are required to be included in the licensed premises. If the local jurisdiction
				  requires living areas of a private residence to be included in the licensed
				  premises, licensees shall designate living areas on their premises diagram as
				  required by section
				  15006(k) but shall
				  not conduct any commercial cannabis activity within the designated living
				  areas. Nothing in this section shall prohibit a licensee from utilizing the
				  living areas of a private residence for non-commercial cannabis activity, such
				  as staff breaks. Areas of a private residence that are not considered to be
				  living areas may include garages, offices, sheds, barns, and other areas
				  regularly used for commercial cannabis activity
(d) Licensees shall ensure that the
				  Department has immediate access to their licensed premises. If the Department
				  is denied access to a licensee's premises for any reason, the licensee shall be
				  held responsible and subject to discipline. If the Department is denied access
				  to one licensee's premises because of another licensee's refusal to grant
				  access when the only access to one licensed premises is through another
				  licensed premises, all licensees shall be held responsible and subject to
				  discipline.
(e) Nothing in this
				  section shall be interpreted to prohibit two or more licensed premises from
				  occupying separate portions of the same parcel of land or sharing common use
				  areas, such as a bathroom, breakroom, hallway, or building entrance.
(f) All structures included as part of the
				  licensed premises shall be permanent structures. Structures that are considered
				  permanent structures include, but are not limited to, buildings, barns, sheds,
				  shipping containers, and modular buildings. Structures that are not considered
				  to be permanent structures include, but are not limited to, structures that
				  rest on wheels or any structure that can be readily moved.
(g) Personal cultivation of cannabis as
				  permitted by Health and Safety Code section
				  11362.1
				  shall not occur on the licensed premises unless the local jurisdiction requires
				  that all areas of the land parcel be included in the premises. If the local
				  jurisdiction requires all areas of the land parcel be included, then the
				  licensee may conduct personal cultivation in a separate and distinct area on
				  the premises, which shall be identified on the premises diagram pursuant to
				  section 15006. "Separate and distinct," for
				  purposes of this section, shall mean that the personally cultivated cannabis is
				  cultivated, processed, and stored in a manner that clearly identifies it as
				  personally cultivated cannabis and prevents it from coming into contact with
				  commercially cultivated cannabis.
(h) Notwithstanding any other provision of
				  law, a licensed premises that is not in compliance with subsections (c) and (f)
				  at the time this subsection becomes effective shall come into compliance within
				  six months of the effective date of this subsection by submitting a premises
				  modification in accordance with section
				  15027. Premises that must be
				  modified to comply with this subsection shall not be subject to the premises
				  modification fee specified in section
				  15014.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section heading and section, transmitted to OAL 9-26-2022 and
					 filed 11-7-2022; amendments effective 11-7-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26012,
						26050,
						26051.5,
						26054,
						26055
						and
						26160,
						Business and Professions Code.