reglab/statecodes huggingface dataset:
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 15000.2 - A- and M-Designations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensees may conduct business with other licensees irrespective of the
				  A-designation or M-designation on their licenses.
(b) Licensees authorized to engage in
				  distribution shall only transport and sell cannabis goods designated as "For
				  Medical Use Only" to M-designated retailers or M-designated microbusinesses
				  authorized to engage in retail sales.
(c) Licensees authorized to engage in retail
				  sales shall only sell cannabis goods designated as "For Medical Use Only" to
				  medicinal customers.
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					 emergency language will be repealed by operation of law on the following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					 emergency language will be repealed by operation of law on the following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 transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26001,
						26013,
						26050
						and
						26053,
						Business and Professions Code.
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 15000.4 - Subletting of Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as allowed pursuant to article 2 of chapter 8, a
					 licensee shall not sublet or allow another person to conduct operations in any
					 area designated as the licensed premises for the licensee's commercial cannabis
					 activity.
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, 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
						and
						26070,
						Business and Professions Code.
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 15000.5 - Licensee's Responsibility for Acts of Employees and Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In construing and enforcing the provisions of the Act and
					 the regulations in this division, the act, omission, or failure of an agent,
					 officer, representative, or other person acting for or employed by a licensee,
					 within the scope of their employment or office, shall in every case be deemed
					 the act, omission, or failure of the licensee.
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, 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
						26031
						and
						26110,
						Business and Professions Code.
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 15000.6 - Age Restriction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees or persons retained by a licensee to work within
					 or on a licensed premises or to handle cannabis or cannabis products shall be
					 at least 21 years of age.
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 transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26140,
						Business and Professions Code.
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 15000.7 - Storage of Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  cannabis and cannabis products must be stored within the licensed
				  premises.
(b) A licensee shall not
				  store cannabis goods outdoors.
(c)
				  Bathrooms and changing facilities shall be separated from all storage areas by
				  solid walls that extend from the floor to the ceiling. Employee break areas, if
				  any, shall be separate and distinct from areas where cannabis and cannabis
				  products are stored.
(d) Licensees
				  may use additional shipping containers as temporary storage space on their
				  licensed premises when their storage needs exceed the capacity of their storage
				  space. Licensees using storage containers pursuant to this subsection shall
				  notify the Department of the premises modification in accordance with
				  subsection (h) of section
				  15027.
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, 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,
						26053
						and
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15001 - Provisional Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  provisional licensee shall comply with all laws applicable to a licensee
				  holding an annual license of the same type.
(b) A provisional license does not create a
				  vested right in the holder to renewal of the provisional license or issuance of
				  an annual license.
(c) A
				  provisional license shall no longer be valid upon issuance of an annual
				  license, denial of an annual license, abandonment of an application for
				  licensure, withdrawal of an application for licensure, or surrender of the
				  provisional license.
(d) A
				  provisional licensee must actively and diligently pursue requirements for an
				  annual license to continue to hold a provisional license, which includes
				  meeting all the following requirements:
(1)
				  Paying the license fee within 60 calendar days of the date the Department sends
				  a notification that the license fee is due.
(2) Providing all information requested by
				  the Department or otherwise elaborating upon information previously provided to
				  the Department, or providing a statement demonstrating that the information
				  cannot be provided due to circumstances beyond the provisional licensee's
				  control. The information or statement shall be provided by the response date
				  specified by the Department, or within 30 calendar days of the date the
				  Department sends the information request to the provisional licensee if the
				  Department does not specify a response date.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15001.1 - Issuance of Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Until June 30, 2022, the Department may, in its sole discretion, issue a
				  provisional license to a commercial cannabis business if:
(1) The applicant submits a complete
				  application, in accordance with section
				  15002, and the required application
				  fee to the Department on or before March 31, 2022.
(2) For an application for a license that
				  includes cultivation activities, the applicant provides any of the following
				  documents:
(A) A final streambed alteration
				  agreement;
(B) A draft streambed
				  alteration agreement provided by the Department of Fish and Wildlife and signed
				  and returned to the Department of Fish and Wildlife;
(C) Written verification by the Department of
				  Fish and Wildlife that a streambed alteration agreement is not needed;
				  or
(D) Written verification by the
				  Department of Fish and Wildlife that the applicant submitted a notification
				  described in section
				  1602 of
				  the Fish and Game Code, submitted payment of applicable fees pursuant to
				  section
				  1609 of
				  the Fish and Game Code, and is responsive to the Department of Fish and
				  Wildlife as prescribed in section
				  26050.2
				  of the Business and Professions Code.
(3) Issuance of the license would not cause
				  the commercial cannabis business to hold multiple cultivation licenses on
				  contiguous premises to exceed one acre of total canopy for outdoor cultivation,
				  or 22,000 square feet for mixed-light or indoor cultivation, if the application
				  is received on or after January 1, 2022. For purposes of this subsection,
				  premises will be considered contiguous if they are connected, touching, or
				  adjoining.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15001.2 - Renewal of Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  timely renew a provisional license, the provisional licensee shall comply with
				  the requirements of section
				  15020.
(b) For provisional license renewals from
				  July 1, 2022, through June 30, 2023, in addition to the requirements of section
				  15020, a provisional licensee must
				  also provide to the Department:
(1) Evidence
				  that one of the following California Environmental Quality Act (CEQA) (Division
				  13 (commencing with section
				  21000) of the Public Resources
				  Code) requirements has been met:
(A)
				  Documentation, such as a letter, report, notice or other type of written
				  communication from the local jurisdiction, demonstrating that the local
				  jurisdiction is in the process of preparing a site-specific initial study,
				  addendum, or checklist pursuant to title 14, California Code of Regulations,
				  section 15063,
				  15164,
				  15168, or
				  15183 to demonstrate whether it is
				  consistent with a previously circulated and adopted negative declaration,
				  mitigated negative declaration, or environmental impact report;
(B) Documentation, such as a letter, report,
				  notice or other type of written communication from the local jurisdiction,
				  demonstrating that the local jurisdiction has made substantial progress during
				  the previous 12-month licensure term toward completing project specific
				  environmental review by drafting, preparing, or circulating for public review
				  an environmental document pursuant to CEQA;
(C) Documentation requested by the Department
				  of the provisional licensee that demonstrates the furtherance of environmental
				  review during the previous 12-month licensure term;
(D) Other information requested by the
				  Department from the provisional licensee that demonstrates evidence of
				  substantial progress toward compliance with CEQA during the previous 12-month
				  licensure term; or
(E)
				  Documentation that demonstrates compliance with CEQA is
				  complete.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15001.3 - Notice of Provisional License Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the Department is considering the suspension, revocation, or denial of
				  renewal of a provisional license pursuant to Business and Professions Code
				  section
				  26050.2,
				  the Department shall issue a Notice of Provisional License Review to a
				  provisional licensee for failure to comply with the Act or its implementing
				  regulations.
(b) The Notice of
				  Provisional License Review shall be in writing and state the following:
(1) The nature and facts of each violation,
				  including a reference to the statutory and/or regulatory section(s)
				  violated;
(2) The manner in which
				  the provisional licensee must correct the violation(s) to achieve
				  compliance;
(3) That the Department
				  is considering suspending, revoking, or denying the renewal of the provisional
				  license.
(4) That the provisional
				  licensee may provide the Department with information related to the observed
				  violation(s) and potential license action for the Department's consideration
				  during its provisional license review. The information may include statements,
				  including a statement that the Department should not take the action under
				  consideration, and any relevant documentation, including evidence that the
				  violation(s) did not occur, of correction of the violation(s), or of
				  mitigation. The provisional licensee may also request an informal meeting with
				  the Department to discuss the matter and may be accompanied by an attorney or
				  other representative.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15001.4 - Immediate Suspension of Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may immediately suspend any provisional license, or immediately
				  impose licensing restrictions or other conditions upon any provisional
				  licensee, if necessary to protect public health, safety, or welfare.
(b) An order issued pursuant to subsection
				  (a) shall be in writing and describe the following:
(1) The nature and facts of each violation,
				  including a reference to the statutory and/or regulatory section(s) violated;
				  and
(2) Whether the provisional
				  license is suspended or the provisional licensee may continue to operate
				  subject to restrictions or other conditions.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15002 - Annual License Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications may be completed and submitted online at
www.cannabis.ca.gov
.
(b) Applicants who submit their applications
				  online shall first register for a user account if required by the licensing
				  system. To register for a user account, the applicant shall do all of the
				  following as requested by the licensing system:
(1) Create a username, password, and security
				  question and answer;
(2) Provide an
				  email address; and
(3) Provide the
				  owner's first and last name, primary phone number, Social Security number or
				  individual taxpayer identification number, date of birth, and mailing
				  address.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15003 - Owners of Commercial Cannabis Businesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant for a commercial cannabis license or a licensee shall disclose all
				  owners of the commercial cannabis business. An owner of the commercial cannabis
				  business includes all of the following:
(1) A
				  person with an aggregate ownership interest of 20 percent or more in the
				  commercial cannabis business, unless the interest is solely a security, lien,
				  or encumbrance. For purposes of this section, "aggregate" means the total
				  ownership interest held by a single person through any combination of
				  individually held ownership interests in a commercial cannabis business and
				  ownership interests in an entity that has an ownership interest in the same
				  commercial cannabis business. For example, a person who owns 10 percent of the
				  stock in a commercial cannabis business as an individual shareholder and 100
				  percent of the stock in an entity that owns 10 percent of the stock in the same
				  commercial cannabis business has a 20 percent aggregate ownership interest in
				  the commercial cannabis business.
(2) An individual who manages, directs, or
				  controls the operations of the commercial cannabis business, including but not
				  limited to:
(A) A member of the board of
				  directors of a nonprofit.
(B) A
				  general partner of a commercial cannabis business that is organized as a
				  partnership.
(C) A non-member
				  manager or managing member of a commercial cannabis business that is organized
				  as a limited liability company.
(D)
				  The trustee(s) and all persons who have control of the trust and/or the
				  commercial cannabis business that is held in trust.
(E) The chief executive officer, president or
				  their equivalent, or an officer, director, vice president, general manager or
				  their equivalent.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15004 - Financial Interest in a Commercial Cannabis Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant for a commercial cannabis license or a licensee shall disclose all
				  financial interest holders. A financial interest holder of the commercial
				  cannabis business includes all of the following, except as provided in
				  subsection (b):
(1) A person with an
				  aggregate ownership interest of less than 20 percent.
(2) A person providing a loan to the
				  commercial cannabis business.
(3) A
				  person entitled to receive 10 percent or more of the profits of the commercial
				  cannabis business, including:
(A) An employee
				  who has entered into a profit share plan with the commercial cannabis
				  business.
(B) A landlord who has
				  entered into a lease agreement with the commercial cannabis business for a
				  share of the profits.
(C) A
				  consultant who is providing services to the commercial cannabis business for a
				  share of the profits.
(D) A person
				  acting as an agent, such as an accountant or attorney, for the commercial
				  cannabis business for a share of the profits.
(E) A broker who is engaging in activities
				  for the commercial cannabis business for a share of the profits.
(F) A salesperson who earns a
				  commission.
(G) A person who has
				  entered into an intellectual property licensing agreement for a share of the
				  profits.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15004.1 - Independence of Testing Laboratories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensed testing laboratory shall maintain independence from persons who hold a
				  license or an interest in a commercial cannabis business licensed for any
				  activity other than testing.
(b) A
				  person who is an owner or financial interest holder of a licensed testing
				  laboratory shall not be an owner or financial interest holder of a commercial
				  cannabis business licensed for any activity other than testing.
(c) A licensed testing laboratory shall not
				  lease real or personal property from or to a commercial cannabis business
				  licensed for any activity other than testing.
(d) A licensed testing laboratory shall not
				  employ any person who is employed by, or is an owner or financial interest
				  holder of, a commercial cannabis business licensed for any activity other than
				  testing.
(e) A licensed testing
				  laboratory shall not offer or agree to provide preferential treatment,
				  including discounted testing services, to any other licensee unless the offer
				  or agreement is available to all licensees.
1. New
					 section filed 11-7-2022; operative 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: Section
						26053,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15005 - Personnel Prohibited from Holding Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  license authorized by the Act and issued by the Department may not be held by,
				  or issued to, any person holding office in, or employed by, any agency of the
				  State of California or any of its political subdivisions when the duties of
				  such person have to do with the enforcement of the Act or any other penal
				  provisions of law of this State prohibiting or regulating the sale, use,
				  possession, transportation, distribution, testing, manufacturing, or
				  cultivation of cannabis or cannabis products.
(b) This section applies to, but is not
				  limited to, any person employed in the State of California Department of
				  Justice as a peace officer, in any district attorney's office, in any city
				  attorney's office, in any sheriff's office, or in any local police
				  department.
(c) No person listed in
				  subsection (a) or (b) may have any ownership interest, directly or indirectly,
				  in any business to be operated or conducted under a cannabis license.
(d) This section does not apply to any person
				  who holds a license in the capacity of executor, administrator, or
				  guardian.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5005 to new title 4, section
					 15005 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment of subsection (a) 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.
3. Amendment of subsection (a) 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.
4. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of subsection (c), 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: Section
						26012,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15007 - Landowner Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the commercial cannabis business is not the landowner of the real property upon
				  which the premises is located, the commercial cannabis business shall provide
				  to the Department a document from the landowner or the landowner's agent that
				  states that the commercial cannabis business has the right to occupy the
				  property and acknowledges that the commercial cannabis business may use the
				  property for the commercial cannabis activity for which the commercial cannabis
				  business is applying for licensure. An applicant shall also provide a copy of
				  the rental agreement, as applicable.
(b) If the commercial cannabis business is
				  the landowner of the real property upon which the premises is located, the
				  commercial cannabis business shall provide to the Department a copy of the
				  title or deed to the property.
(c)
				  If the landowner is a trust, the landowner approval shall come from the person
				  who holds equitable title in the real property.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5007 to new title 4, section
					 15007 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment 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.
3. Amendment 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26051.5,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15007.1 - Electronic Signature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will accept an electronic signature that
					 complies with Civil Code section
					 1633.2(h)
					 on any documents required to be submitted to the Department and that are
					 submitted electronically, except documents that are required to be
					 notarized.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5007.1 to new title 4, section
					 15007.1 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26013,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15007.2 - Use of Legal Business Name. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5007.2 to new title 4, section
					 15007.2 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Repealer 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.
3. Repealer 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26013,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15008 - Bond. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5008 to new title 4, section
					 15008 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Repealer 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.
3. Repealer 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26051.5,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15010 - Compliance with the California Environmental Quality Act (CEQA)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "CEQA Guidelines" means the Guidelines for Implementation of the California
				  Environmental Quality Act codified at title 14, California Code of Regulations,
				  section 15000 et seq.
(b) An applicant shall provide evidence of
				  compliance with, or exemption from, CEQA (division 13 (commencing with section
				  21000) of the Public Resources
				  Code). The evidence provided may be any one of the following:
(1) A signed copy of a project-specific
				  Notice of Determination or Notice of Exemption and a copy of the associated
				  CEQA document, or reference to where it may be located electronically, a
				  project description, and any accompanying permitting documentation from the
				  local jurisdiction used for review in determining site-specific environmental
				  compliance. Documentation may include a copy of the administrative record
				  previously certified or adopted by the local jurisdiction that has already
				  reviewed the commercial cannabis business' proposed commercial cannabis
				  activities. For purposes of this section, the administrative record may
				  include, but is not limited to:
(A)
				  Environmental documentation, including, but not limited to, exemptions, initial
				  studies, negative declarations, mitigated negative declarations, and
				  environmental impact reports;
(B)
				  Staff reports and related documents prepared by the local
				  jurisdiction;
(C) Transcripts or
				  minutes of the proceedings of the local jurisdiction;
(D) Notice(s) issued by the local
				  jurisdiction to comply with CEQA and the CEQA Guidelines;
(E) Proposed decisions or findings considered
				  by the local jurisdiction by its staff or the commercial cannabis business;
				  and
(F) Documentation of the local
				  jurisdiction's final decision.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15010.1 - Review of Previously Prepared Environmental Documents Pursuant to CEQA. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5010.1 to new title 4, section
					 15010.1 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Repealer 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.
3. Repealer 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted to
					 OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26055,
						Business and Professions Code; and Section
						21166,
						Public Resources Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15010.2 - CEQA Exempt Projects. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5010.2 to new title 4, section
					 15010.2 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Repealer 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.
3. Repealer 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26055,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15010.3 - Preparation of CEQA Environmental Documents for Applicant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5010.3 to new title 4, section
					 15010.3 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Repealer 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.
3. Repealer 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26055,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15012 - Incomplete and Abandoned Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Incomplete applications will not be processed. Applications will only be
				  considered complete if all of the information required under sections
				  15002 and
				  15011 is included. The Department
				  shall issue a written notice to the applicant, by mail, email, or through the
				  Department's licensing system, informing them that the application is
				  incomplete and identifying the information missing from the
				  application.
(b) If the applicant
				  fails to submit all required information within 180 days from the date of the
				  initial written notice, the application shall be deemed abandoned.
(c) If the applicant fails to submit payment
				  of the license fee within 60 calendar days from the date of the request for
				  payment of the license fee, the application shall be deemed
				  abandoned.
(d) The Department will
				  not refund application fees for an incomplete or abandoned
				  application.
(e) An applicant may
				  reapply at any time following an abandoned application and will be required to
				  submit a new application and application fee.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5012 to new title 4, section
					 15012 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment of section heading,
					 section and NOTE 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.
3. Amendment of section heading, section and NOTE 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.
4. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of subsection (a), 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: Sections
						26013
						and
						26130,
						Business and Professions Code. Reference: Sections
						26012,
						26050
						and
						26051.5,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15013 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may withdraw an application at any time prior to the Department
				  issuance of a license or denial of a license.
(b) Requests to withdraw an application must
				  be submitted to the Department by mail in writing, dated, and signed by the
				  applicant, or in writing by electronic mail to
				  licensing@cannabis.ca.gov.
(c) In
				  accordance with Business and Professions Code section
				  26057,
				  withdrawal of an application shall not, unless the Department has consented in
				  writing to such withdrawal, deprive the Department of its authority to
				  institute or continue a proceeding against the commercial cannabis business for
				  the denial of the license upon any ground provided by law or to enter an order
				  denying the license upon any such ground.
(d) The Department will not refund
				  application fees for a withdrawn application.
(e) An applicant may reapply at any time
				  following the withdrawal of an application and will be required to submit a new
				  application and application fee.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5013 to new title 4, section
					 15013 filed 7-14-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). For prior history of title 16, division
					 42, see Register 2019, No. 3.
2. Amendment of section and NOTE 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.
3. Amendment of section and NOTE 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.
4. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26050
						and
						26057,
						Business and Professions Code.