California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 2 - Applications › Section 15009 - Limited Waiver of Sovereign Immunity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  applicant or licensee that may fall within the scope of sovereign immunity that
				  may be asserted by a federally recognized tribe or other sovereign entity must
				  waive any sovereign immunity defense that the applicant or licensee may have,
				  may be asserted on its behalf, or may otherwise be asserted in any state
				  administrative or judicial enforcement actions against the applicant or
				  licensee, regardless of the form of relief sought, whether monetary or
				  otherwise, under the state laws and regulations governing commercial cannabis
				  activity. The applicant or licensee must submit a written waiver of sovereign
				  immunity to the Department with any license application or renewal, which is
				  valid for the period of the license. The written waiver shall include that the
				  applicant or licensee has the lawful authority to enter into the waiver
				  required by this section, the applicant or licensee hereby waives sovereign
				  immunity, and the applicant or licensee agrees to do all of the following:
(1) Provide documentation to the Department
				  that establishes that the applicant or licensee has the lawful authority to
				  enter into the waiver required by this section;
(2) Conduct all commercial cannabis activity
				  in full compliance with the state laws and regulations governing commercial
				  cannabis activity, including submission to all enforcement provisions
				  thereof;
(3) Allow access as
				  required by state statute or regulation by persons or entities charged with
				  duties under the state laws and regulations governing commercial cannabis
				  activity to any licensed premises or property at which the applicant conducts
				  any commercial cannabis activity, including licensed premises or property where
				  records of commercial cannabis activity are maintained by or for the applicant
				  or licensee;
(4) Provide any and
				  all records, reports, and other documents as may be required under the state
				  laws and regulations governing commercial cannabis activity;
(5) Conduct commercial cannabis activity with
				  other state commercial cannabis licensees only, unless otherwise specified by
				  state law;
(6) Meet all of the
				  requirements for licensure under the state laws and regulations governing the
				  conduct of commercial cannabis activity, and provide truthful and accurate
				  documentation and other information of the applicant's qualifications and
				  suitability for licensure as may be requested; and
(7) Submit to the personal and subject matter
				  jurisdiction of the California courts to address any matter related to the
				  waiver or the commercial cannabis application, license, or activity, and that
				  all such matters and proceedings shall be governed, construed and enforced in
				  accordance with California substantive and procedural law, including but not
				  limited to the Medicinal and Adult- Use Regulation and Safety Act and the
				  Administrative Procedure Act.