reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15014.1 - Equity Fee Relief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  the purposes of this section, the following definitions apply:
(1) "Qualified equity applicant or licensee"
				  means a person who is an owner in a commercial cannabis business pursuant to
				  section 15003(a) and is
				  either:
(A) A locally verified equity
				  applicant or licensee in a jurisdiction with a local equity program as defined
				  in subsection (a)(2); or
(B) An
				  applicant or licensee who qualifies for the fee waiver program under the
				  provisions of subsection (d).
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15014.2 - Fees-Large Cultivation License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding section
				  15014, the following are the
				  application fees due for the specified large cultivation license types to be
				  paid at the time the complete application is submitted to the Department:
Application Fee Schedule for Large Cultivation
					 Licenses
Large License Type
Fee Per Application
Outdoor
$1,555
Mixed-light Tier 1
$2,885
Mixed-light Tier 2
$4,945
Indoor
$8,655
(b) Notwithstanding section
				  15014, the following are the annual
				  license fees due for the aggregate canopy size for the annual cultivation
				  license to be paid prior to issuance of a license, renewal of a license, or a
				  converted license:
License Fee Schedule for Large Outdoor
					 Cultivation
Canopy Size
Fees
Base Annual Fee
$13,990
Per 2,000 sq. ft. of Canopy over 1 acre
$640
License Fee Schedule for Large Mixed-light Tier 1
					 Cultivation
Canopy Size
Fees
Base Annual Fee
$25,970
Fee Per 2,000 sq. ft over 22,000 sq. ft.
$2,360
License Fee Schedule for Large Mixed-light Tier 2
					 Cultivation
Canopy Size
Fees
Base Annual Fee
$44,517
Fee Per 2,000 sq. ft over 22,000 sq. ft.
$4,040
License Fees Schedule for Large Indoor
					 Cultivation
Canopy Size
Fees
Base Annual Fee
$77,905
Fee Per 2,000 sq. ft over 22,000 sq. ft.
$7,080
1. New
					 section filed 12-30-2022; operative 1-1-2023 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 52).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26012,
						26051.5,
						26060,
						26120
						and
						26180,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15015 - Payment of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  fee specified in this division shall be paid to the Department of Cannabis
				  Control by cash, check, money order, debit card, or credit card. Check and
				  money order payments may be made out to the Department of Cannabis
				  Control.
(b) If the fee is paid by
				  debit or credit card:
(1) The payment shall
				  be made through the Department's online licensing system; and
(2) The applicant or licensee may be required
				  to pay any associated processing or convenience fees to the third-party vendor
				  processing the payment on behalf of the Department.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15017 - Substantially Related Offenses and Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When evaluating whether an applicant or licensee has been convicted of a
				  criminal offense, act, or professional misconduct that is substantially related
				  to the qualifications, functions, or duties of the business for which the
				  application is made, the Department shall consider all of the following
				  criteria:
(1) The nature and gravity of the
				  offense;
(2) The number of years
				  that have elapsed since the date of the offense; and
(3) The nature and duties of the particular
				  license in which the applicant seeks licensure or in which the licensee is
				  licensed.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15019 - Excessive Concentration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  determining whether to grant, deny, or renew a license for a retail premises or
				  microbusiness premises authorized to engage in retail sales, the Department
				  shall consider if an excessive concentration exists in the area where the
				  licensee will operate. For the purposes of this section "excessive
				  concentration" applies when either of the following conditions exist:
(1) The ratio of licensees to population
				  within the census tract or census division in which the applicant premises is
				  located exceeds the ratio of licensees to population in the county in which the
				  applicant premises is located, unless denial of the application would unduly
				  limit the development of the legal market so as to perpetuate the illegal
				  market for cannabis goods.
(2) The
				  ratio of retail licenses or microbusiness licenses to the population within the
				  census tract, census division, or jurisdiction exceeds that allowable by local
				  ordinance adopted under Business and Professions Code section
				  26200.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15020.1 - Cultivation License Limited Operations Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Cultivation licensees may place a
				  cultivation license, expiring on or after March 1, 2024, in Limited Operations
				  Status as set forth in this section.
(b) "Limited Operations Status" means an
				  inactive license status that allows a cultivation licensee to do only the
				  following:
(1) Engage in the drying, curing,
				  grading, trimming, packaging, and sale of cannabis harvested before the date
				  the cultivation license was placed in Limited Operations Status.
(2) Possess and maintain seeds and immature
				  plants used solely for propagation to preserve the genetic lineage of the
				  cultivation licensee's cannabis plants.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15020.2 - Cultivation License Reductions in Size

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Cultivation licensees may change an
				  Original Cultivation License, expiring on or after March 1, 2024, to a
				  Reduced-Size Cultivation License as set forth in this section.
(b) The following definitions apply:
(1) "Original Cultivation License" means the
				  provisional or annual cultivation license type indicated on the license prior
				  to any reduction in size pursuant to this section.
(2) "Reduced-Size Cultivation License" means
				  a cultivation license type specified by the cultivation licensee that satisfies
				  both of the following:
(A) The maximum canopy
				  size of the cultivation license is smaller than the maximum canopy size allowed
				  by the cultivation licensee's Original Cultivation License.
(B) The cultivation license uses the same
				  type of lighting (i.e., Indoor, Outdoor, Mixed-Light Tier 1, or Mixed-Light
				  Tier 2) as the Original Cultivation License.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15020.3 - Modifying Cultivation License Renewal Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A cultivation licensee may modify the
				  renewal date of a cultivation license, as set forth in this section.
(b) "Modified License Term" means the period
				  of time that falls between submission of a cultivation licensee's request to
				  modify a license date of renewal and the requested modified license renewal
				  date.
(c) "Original Renewal Date"
				  means the scheduled date of renewal indicated on the cultivation license, prior
				  to any renewal date modification pursuant to this section.
(d) "Prorated Daily License Fee" means the
				  prorated license fee for one calendar day, which shall be calculated by
				  dividing the applicable annual license fee by 365. The applicable annual
				  license fee shall be the license fee required by section
				  15014, section
				  15014.2, or section
				  15020.1(d)(2).
(e) To modify the renewal date of a
				  cultivation license, the cultivation licensee shall submit to the Department a
				  request through the Department's online licensing system or by submitting a
				  modified renewal date request form by electronic mail to [email protected],
				  which shall include the following:
(1) The
				  name of the cultivation licensee;
(2) The license number and current expiration
				  date;
(3) A requested modified
				  renewal date that is on or after the date of submission of all the information
				  required by this section to the Department;
(4) Whether the cultivation licensee requests
				  to place the license in Limited Operations Status pursuant to section
				  15020.1 or make a change in
				  cultivation license size pursuant to section
				  15020.2; and
(5) The name, phone number, email address,
				  and signature of the designated primary contact person or designated
				  responsible party for the cultivation licensee submitting the
				  request.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15021 - Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny an application for a new license or a renewal of a license
				  for any reason specified in Business and Professions Code section
				  26057,
				  and on any additional grounds including grounds for denial under section
				  15018, and grounds for discipline
				  under the Act or this division.
(b)
				  Upon denial of an application for a license or renewal of a license, the
				  Department shall notify the applicant in writing of the reasons for denial, and
				  the right to a hearing to contest the denial.
(c) The applicant may request a hearing to
				  contest the denial by submitting a written request to the Department at
				  appeals@cannabis.ca.gov.
(1) The written
				  request for a hearing must be received by the Department or postmarked within
				  30 calendar days of service of the notification of denial.
(2) If the written request for a hearing is
				  not received within the required timeframe, the applicant's right to a hearing
				  is waived.
(3) Upon timely receipt
				  of the written request for hearing, the Department shall set a date for hearing
				  to be conducted in accordance with chapter 5 (commencing with section
				  11500) of part 1 of division 3 of
				  title 2 of the Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15022 - Cancellation of License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5022 to new title 4, section
					 15022 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: Sections
						26012
						and
						26050,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15023 - Business Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Business modifications shall be made in accordance with the
					 following:
(a) Changes to standard
				  operating procedures may be made without providing notification to the
				  Department, except as required by the Act or this division. Licensees shall
				  maintain a copy of all current and prior operating procedures as required by
				  section 15037.
(b) If at the time of licensure, a licensee
				  employed fewer than 20 employees and later employs 20 or more employees, within
				  60 days of employing 20 or more employees, the licensee shall provide to the
				  Department a notarized statement that the licensee will enter into a labor
				  peace agreement and will abide by the terms of the agreement or demonstrate
				  that the commercial cannabis business has entered into a labor peace agreement
				  by providing a copy of the signature page of the agreement.
(c) Licenses are not transferrable or
				  assignable to another person or owner. In the event of the sale or other
				  transfer of the business or operations covered by the licensee, changes in
				  ownership shall be made in accordance with the following:
(1) If one or more of the owners change, the
				  new owners shall submit the information required under section
				  15002(c)(16) for
				  each new owner to the Department within 14 calendar days of the effective date
				  of the ownership change. The business may continue to operate under the active
				  license while the Department reviews the qualifications of the new owner(s) in
				  accordance with the Act and these regulations to determine whether the change
				  would constitute grounds for denial of the license, if at least one existing
				  owner is not transferring their ownership interest and will remain as an owner
				  under the new ownership structure. If all owners will be transferring their
				  ownership interest, the business shall not operate under the new ownership
				  structure until a new license application has been submitted to and approved by
				  the Department, and all application and license fees for the new application
				  have been paid. The former owner's inventory shall be transferred to the new
				  owner's track and trace account upon issuance of the license.
(A) A change in ownership occurs when a new
				  person meets the definition of owner in section
				  15003.
(B) A change in ownership does not occur when
				  one or more owners leave the business by transferring their ownership interest
				  to the other existing owner(s).
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15024 - Death, Incapacity, or Insolvency of a Licensee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  the event of the death, incapacity, receivership, assignment for the benefit of
				  creditors or other event rendering one or more owners incapable of performing
				  the duties associated with the license, the owner or owners' successor in
				  interest (e.g., appointed guardian, executor, administrator, receiver, trustee,
				  or assignee) shall notify the Department in writing, within 14 calendar days,
				  by submitting the Licensee Notification and Request Form, Notifications and
				  Requests to Modify a License, DCC-LIC-027 (Amended 2/22), which is incorporated
				  herein by reference.
(b) To
				  continue operations or surrender the existing license, the successor in
				  interest shall submit to the Department the following:
(1) The name of the successor in
				  interest;
(2) The name of the
				  owner(s) for which the successor in interest is succeeding and the license
				  number;
(3) The phone number,
				  mailing address, and email address of the successor in interest; and
(4) Documentation demonstrating that the
				  owner(s) is incapable of performing the duties associated with the license such
				  as a death certificate or a court order, and documentation demonstrating that
				  the person making the request is the owner or owners' successor in interest
				  such as a court order appointing guardianship, receivership, or a will or trust
				  agreement.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15024.1 - Cannabis and Cannabis Products After Termination of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event a license is terminated for any reason while
					 cannabis or cannabis products remain on the premises, the following actions may
					 be taken:
(a) The cannabis or cannabis
				  products may be destroyed by the former licensee; or
(b) A licensed distributor or licensed
				  microbusiness authorized to engage in distribution may be authorized by the
				  Department to procure and distribute the former licensee's entire inventory
				  stock in accordance with the following;
(1) A
				  licensed distributor or licensed microbusiness authorized to engage in
				  distribution shall, within 14 calendar days of the termination of the former
				  licensee's license, submit a written request to the Department, on the Licensee
				  Notification and Request Form, Notifications and Requests Regarding Regulatory
				  Compliance, DCC-LIC-028 (New 2/22), which is incorporated by reference, for
				  authorization to procure the cannabis or cannabis products from the former
				  licensee; and
(2) Upon approval
				  from the Department, the licensed distributor or licensed microbusiness
				  authorized to engage in distribution shall transport the cannabis or cannabis
				  products as follows:
(A) Cannabis goods shall
				  be transported to a licensed distribution premises where the distributor shall
				  arrange for laboratory testing and perform quality assurance in accordance with
				  chapter 2. If the cannabis goods have already been tested in accordance with
				  chapter 6 and have a valid certificate of analysis for regulatory compliance
				  testing that is less than 12 months old, the cannabis goods are not required to
				  undergo additional testing.
(B)
				  Cannabis that requires further processing as defined in section
				  15000(e), or
				  further manufacturing as defined in section
				  15000(pp), shall
				  be transported to a licensee licensed to conduct the additional processing or
				  manufacturing.
(C) Cannabis or
				  cannabis products that require packaging and labeling shall be transported to a
				  licensee licensed to conduct packaging and labeling of the cannabis or cannabis
				  products.
(D) Cannabis products
				  that require further manufacturing as defined in section
				  15000(pp) shall be
				  transported to a licensed manufacturer.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15025 - Additional Premises Requirements for Retailers and Microbusinesses Authorized to Engage in Retail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensed retailers and licensed microbusinesses authorized to engage in retail
				  sales shall only serve customers who are within the licensed premises, or at a
				  delivery address that meets the requirements of this division.
(1) The sale and delivery of cannabis goods
				  shall not occur through a pass-out window or a slide-out tray to the exterior
				  of the licensed premises.
(2)
				  Licensed retailers or licensed microbusinesses authorized to engage in retail
				  sales shall not operate as or with a drive-in or drive-through at which
				  cannabis goods are sold to persons within or about a motor vehicle, except for
				  curbside delivery conducted pursuant to section
				  15404.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15026 - Premises Location. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5026 to new title 4, section
					 15026 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: Sections
						26012,
						26051.5,
						26054
						and
						26055,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15027 - Modification of Premises or Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall not, without the prior written approval of the Department, make
				  a physical change, alteration, or modification of the licensed premises that
				  materially or substantially alters the licensed premises or the use of the
				  licensed premises from the premises diagram originally filed with the license
				  application. A licensee whose licensed premises is to be materially or
				  substantially changed, modified, or altered is responsible for filing a request
				  for premises modification with the Department.
(b) Material or substantial changes,
				  alterations, or modifications to a licensed cultivation premises requiring
				  prior approval from the Department are:
(1)
				  Modification to any area described in the licensee's cultivation plan
				  including, but not limited to, the removal, creation, or relocation of canopy,
				  processing, packaging, composting, harvest storage, and storage areas for
				  pesticides and other chemicals.
(2)
				  Change in water or power source(s).
(3) Any increase or decrease in the total
				  physical size or capacity of the licensed premises.
(4) Any physical change that would require a
				  building permit, zoning change, or other approval from the applicable local
				  jurisdiction.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15027.1 - Conversion to Large and Medium Cultivation Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee may convert existing cultivation licenses into a Large or Medium
				  Cultivation license if the following requirements are met:
(1) The location to be licensed consists of
				  licensed or previously licensed cultivation sites, as listed in section
				  16201. The licensee must have at
				  least one active license within the boundaries of the proposed premises at the
				  time they request conversion.
(2)
				  The licenses to be converted are held by the same person(s) as the requested
				  converted Large or Medium Cultivation license.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15028 - Subletting of Premises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5028 to new title 4, section
					 15028 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: 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 3 - Licensing › Section 15030 - Licensee's Responsibility for Acts of Employees and Agents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5030 to new title 4, section
					 15030 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: 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 3 - Licensing › Section 15031 - Age Restriction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5031 to new title 4, section
					 15031 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
						26140,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15032 - Commercial Cannabis Activity. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5032 to new title 4, section
					 15032 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: Sections
						26001,
						26013
						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 3 - Licensing › Section 15033 - Storage of Inventory. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former title 16, section
					 5033 to new title 4, section
					 15033 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: 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 3 - Licensing › Section 15034 - Significant Discrepancy in Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A significant discrepancy in inventory means a five percent
					 difference between the licensee's physical inventory and the inventory recorded
					 in the track and trace system.
1. Change
					 without regulatory effect renumbering former title 16, section
					 5034 to new title 4, section
					 15034 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 first paragraph and
					 subsection (c) 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 first paragraph and subsection (c) 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 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: Section
						26070,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15036 - Notification of Theft, Loss, and Criminal Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall notify the Department and local law enforcement within 24 hours
				  of discovery of any of the following situations:
(1) The licensee discovers a significant
				  discrepancy, as defined in section
				  15034, in its inventory.
(2) The licensee discovers diversion, theft,
				  loss, or any other criminal activity pertaining to the operations of the
				  licensee.
(3) The licensee
				  discovers diversion, theft, loss, or any other criminal activity by an agent or
				  employee of the licensee pertaining to the operations of the
				  licensee.
(4) The licensee
				  discovers loss or unauthorized alteration of records related to cannabis or
				  cannabis products, customers, or the licensee's employees or agents.
(5) The licensee discovers any other breach
				  of security.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15037 - General Record Retention Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensees must keep and maintain records in connection with the licensed
				  commercial cannabis business. Records must be kept for at least seven years
				  from the date of creation, unless a shorter time is specified. Records include,
				  but are not limited to:
(1) Financial records
				  including, but not limited to, bank statements, sales invoices, receipts, tax
				  records, and all records required by the California Department of Tax and Fee
				  Administration (formerly Board of Equalization) under title 18, California Code
				  of Regulations, sections
				  1698 and
				  4901.
(2) Personnel records, including each
				  employee's full name, Social Security number or individual taxpayer
				  identification number, date employment begins, and date of termination of
				  employment, if applicable.
(3)
				  Training records including, but not limited to, the content of the training
				  provided and the names of the employees who received the training.
(4) Contracts regarding commercial cannabis
				  activity.
(5) Permits, licenses,
				  and other local authorizations to conduct the licensee's commercial cannabis
				  activity.
(6) All other documents
				  prepared or executed by an owner or their employees or assignees in connection
				  with the licensed commercial cannabis business.
(7) Records required by the Act or this
				  division.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15037.1 - Licensee Authorization to Release Data to Financial Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee may authorize the Department to provide information to a financial
				  institution for purposes of facilitating the provision of financial services.
				  The authorization shall be made in writing, through a form prescribed by the
				  Department, which shall include the following information:
(1) The name of the licensed business for
				  which the licensee is authorizing the release of information;
(2) The business' license
				  number(s);
(3) The financial
				  institution authorized to receive information;
(4) The name, phone number, email address,
				  and signature of the owner submitting the authorization;
(5) The categories of information specified
				  in subsection (b) that are authorized for release; and
(6) An acknowledgement that the authorization
				  to release information includes information that is otherwise protected from
				  disclosure, that the licensee is waiving privilege and confidentiality, and
				  that the scope of the release is strictly limited to the purposes of disclosure
				  to the financial institution.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 3 - Licensing › Section 15037.2 - Financial Institution Request for Licensee Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A financial institution, as defined in Business and
					 Professions Code section
					 26260(c)(3),
					 may request information related to a licensee for purposes of facilitating the
					 provision of financial services for that licensee. The request shall be made in
					 writing, through a form prescribed by the Department, which shall include the
					 following information:
(a) The name of
				  the financial institution;
(b) The
				  name, phone number, email, and signature of the representative of the financial
				  institution requesting information;
(c) The business name and license number of
				  the licensee for which the financial institution is requesting
				  information;
(d) The type of
				  financial services for which the information is requested (including, but not
				  limited to, establishment or maintenance of bank accounts, extending loans, and
				  providing insurance) and whether the request is for consideration of a new
				  service or maintenance of an existing service;
(e) The specific information requested as
				  described in section
				  15037.1(b), if
				  authorized by the licensee; and
(f)
				  An acknowledgment that use of the information is limited to that information
				  which is necessary for the provision of financial services.
1. Change
					 without regulatory effect renumbering and amending former title 16, section
					 5037.2 to new title 4, section
					 15037.2 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. Refiling of 2-1-2021 action
					 adopting former title 16, section
					 5037.2, including amendment of
					 subsection (e), 8-2-2021 as an emergency; operative 8-2-2021 (Register 2021,
					 No. 32). This filing is deemed an emergency pursuant to Business and
					 Professions Code section
					 26013(b)(3).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 8-2-2021 order transmitted
					 to OAL 1-27-2022 and filed 3-8-2022 (Register 2022, No. 10).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Section
						26260,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15039 - License Posting Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon issuance of a license, the licensee shall prominently display the license
				  on the licensed premises where it can be viewed by state and local agencies. If
				  the licensed premises is open to the public, the license shall be displayed in
				  an area that is within plain sight of the public.
(b) Upon issuance of any license, a retailer,
				  whose licensed premises is open to the public, shall prominently display the
				  Quick Response Code (QR Code) certificate issued by the Department so that it
				  can be viewed and scanned from outside of the licensed premises.
(c) The QR Code certificate displayed by a
				  licensee as required by subsection (b), shall be posted in the front window of
				  the licensed premises within three (3) feet of any public entrance to the
				  licensed premises, or in a locked display case mounted on the outside wall of
				  the licensed premises within three (3) feet of any public entrance to the
				  licensed premises. The QR Code certificate shall be posted in a manner that is
				  clearly visible from outside of the licensed premises to the public and all
				  persons entering the premises.
(d)
				  The QR Code certificate displayed by the licensee as required by subsection (b)
				  shall comply with the following requirements:
(1) The QR Code certificate shall be printed
				  on paper, glass, metal, or other material not less than 8.5 inches by 11
				  inches.
(2) The QR Code on the
				  certificate posted, as required by this section, shall not be less than 3.75
				  inches by 3.75 inches.
(3) The QR
				  Code on the certificate shall be of sufficient clarity that the code can be
				  read by a smartphone or device capable of reading QR Codes from a distance of
				  at least three (3) feet.
California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15040 - Advertising Placement and Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  advertising or marketing, as defined in Business and Professions Code section
				  26150,
				  that is placed in broadcast, cable, radio, print, and digital communications:
(1) Shall only be displayed after a licensee
				  has obtained reliable up-to-date audience composition data demonstrating that
				  at least 71.6 percent of the audience viewing the advertising or marketing is
				  reasonably expected to be 21 years of age or older;
(2) Shall not use any depictions or images of
				  minors or anyone under 21 years of age;
(3) Shall not use any images that are
				  attractive to children, including, but not limited to:
(A) Cartoons;
(B) Any likeness to images, characters, or
				  phrases that are popularly used to advertise to children;
(C) Any imitation of candy packaging or
				  labeling; or
(D) The terms "candy"
				  or "candies" or variants in spelling such as "kandy" or
				  "kandeez."
(4) Shall not
				  advertise free cannabis goods or cannabis accessories. This includes promotions
				  such as:
(A) Buy one product, get one product
				  free;
(B) Free product with any
				  donation; and
(C) Contests,
				  sweepstakes, or raffles.