California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15038 - Disaster Relief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  a licensee is unable to comply with any licensing requirements due to a
				  disaster, the licensee may notify the Department of this inability to comply
				  and request relief from the specific licensing requirement.
(b) The Department may exercise its
				  discretion to provide temporary relief from specific regulatory requirements in
				  this division and from other licensing requirements when allowed by
				  law.
(c) Temporary relief from
				  specific licensing requirements shall be issued for a reasonable amount of time
				  in order to allow the licensee to recover from the disaster.
(d) The Department may require that certain
				  conditions be followed in order for a licensee to receive temporary relief from
				  specific licensing requirements.
(e) A licensee shall not be subject to an
				  enforcement action for a violation of a licensing requirement during the time
				  in which the licensee has received temporary relief and is in compliance with
				  any conditions of relief required by the Department.
(f) For the purposes of this section,
				  "disaster" means condition of extreme peril to the safety of persons and
				  property within the state or a county, city and county, or city caused by such
				  conditions as air pollution, fire, flood, storm, tidal wave, epidemic, riot,
				  drought, terrorism, sudden and severe energy shortage, plant or animal
				  infestation or disease, Governor's warning of an earthquake or volcanic
				  prediction, or an earthquake, or similar public calamity, other than conditions
				  resulting from a labor controversy, for which the Governor has proclaimed a
				  state of emergency in accordance with Government Code sections
				  8558 and
				  8625, or
				  for which a local governing body has proclaimed a local emergency in accordance
				  with Government Code sections
				  8558 and
				  8630.
(g) A licensed premises that has been vacated
				  by a licensee due to a disaster shall not be deemed to have been
				  abandoned.
(h) Notwithstanding
				  subsection (a), if a licensee needs to move cannabis or cannabis products
				  stored on the licensed premises to another location immediately to prevent
				  loss, theft, or degradation of the cannabis or cannabis products from the
				  disaster, the licensee may move the cannabis or cannabis products without
				  obtaining prior approval from the Department if the following conditions are
				  met:
(1) The cannabis or cannabis products are
				  moved to a secure location where access to the cannabis or cannabis products
				  can be restricted to the licensee, its employees, and contractors;
(2) The licensee notifies the Department in
				  writing that the cannabis or cannabis products have been moved and that the
				  licensee is requesting relief from complying with specific licensing
				  requirements pursuant to subsection (a) within 24 hours of moving the cannabis
				  or cannabis products;
(3) The
				  licensee agrees to grant the Department access to the location where the
				  cannabis or cannabis products have been moved for inspection; and
(4) The licensee submits a request for
				  temporary relief as described in subsection (i) in writing to the Department
				  within 14 calendar days of moving the cannabis or cannabis
				  products.