Chapter 2Administration
Section § 26010
This section establishes that the Department of Cannabis Control is part of the Business, Consumer Services, and Housing Agency. A director will oversee the department and ensure it follows the rules and regulations set out for cannabis control.
Section § 26010.5
This section outlines the appointment and roles of the director of a department by the Governor, with Senate confirmation, to oversee cannabis regulation in California. The director works under the guidance of the Secretary of the Business, Consumer Services, and Housing Agency and serves at the Governor's pleasure. The director can delegate duties to deputies and appoint necessary staff according to civil service laws. Additionally, the department handles all regulatory duties related to commercial cannabis activity. References to previous cannabis regulation acts should be understood as referring to this updated legal framework for medicinal cannabis.
Section § 26010.6
This section deals with background checks for people working with cannabis. It requires the Department of Cannabis Control to send fingerprints and other details of employees, contractors, and subcontractors to the Department of Justice if their job involves access to criminal records or cannabis products. This process helps ensure they don't have disqualifying backgrounds. There are special rules for peace officers, and the law doesn't apply to employees or contracts from before June 30, 2023.
Section § 26010.7
This law reorganizes cannabis regulation in California by transferring the responsibilities, duties, and powers of several state agencies to the new Department of Cannabis Control. From the operative date, any references to former cannabis regulatory bodies in laws or contracts will now refer to this new department. Existing regulations and actions remain in force unless changed. The transition includes transferring staff, resources, and ongoing legal matters to the new department without affecting current rights or agreements. This change becomes effective on July 1, 2021, or later, depending on when the law was enacted.
Section § 26011
This law section says that the director and members of the Cannabis Control Appeals Panel cannot make any money from people applying for or receiving cannabis licenses. They also can't be involved in selling insurance or equipment to cannabis businesses, or ask for donations or other benefits from these businesses.
Section § 26011.5
In this section, the main focus is on ensuring public safety above all else when the department is handling licensing, regulation, and discipline. Public protection takes priority over any other goals or interests.
Section § 26012
This law section gives a specific department in California the exclusive power to handle everything related to licenses for commercial cannabis businesses. They decide whether to approve, renew, or revoke licenses. They also have the authority to collect fees and even create new types of licenses if needed. Additionally, they have broader powers granted by other government sections to help them carry out these responsibilities.
Section § 26012.5
This law requires the department to show license information on its website according to two specific acts that protect public records and personal information. Starting January 1, 2022, the website must also include updates on license suspensions, revocations, and final decisions related to licensed individuals or businesses. Personal details like home addresses and social security numbers cannot be shared; only the county of a licensee's address is allowed.
Section § 26012.6
This law requires a department to collect demographic information from individuals applying for a license, such as their race, gender, and income level. However, providing this data is optional and not a condition for getting or renewing a license. The department will compile and share this information in a way that keeps individual identities private. They must publish the combined results online but cannot use it to identify anyone specifically.
Section § 26013
This law gives a department the authority to create rules necessary for managing cannabis-related activities, ensuring these align with the Control, Regulate and Tax Adult Use of Marijuana Act. It allows the department to issue emergency rules to streamline or clarify regulations, which can be enacted swiftly to protect public welfare. Emergency rules can be renewed once and must be finalized within 180 days. Additionally, the regulations should be reasonable, commercially feasible, and not overly restrictive to ensure businesses can operate effectively.
Section § 26013.5
This section outlines how the department can deliver official notices to individuals or entities. Notices can be signed by the director or an authorized employee and sent either personally or by mail. Specifically, notices can be sent via regular mail to the last known address of the licensee or delivered personally, whichever the department prefers. This applies to written notices including orders or documents related to various chapters of the Government Code.
Section § 26014
This law explains that there needs to be a group of advisors who help the state set rules for cannabis businesses. These rules should keep people safe while preventing illegal cannabis sales. The advisor group includes people from different backgrounds, like the cannabis industry and public health experts. Every year, starting in 2019, they must publicly share what they’ve advised and what actions were taken. The advisors get their travel costs covered, as long as there is money available for this purpose.
Section § 26015
This section allows the department to conduct investigations as needed. It gives specific enforcement officers the same authority as police while they are performing their duties, including investigating and potentially starting criminal prosecutions. The department can also hire non-police individuals for investigative work and has the ability to hire police without following certain usual requirements.
Section § 26016
This law allows the department to assign an administrative law judge to conduct hearings related to this division, except for certain hearings specified under Chapter 4 (starting at Section 26040). The hearings conducted by these judges must follow certain procedures and rules outlined in a specific section of the Government Code.
Section § 26017
This law allows the department to reimburse a witness's travel, food, and lodging costs if they are appearing at a hearing because the department asked them to. The expenses must be necessary and reasonable, and they can't be more than what state employees are allowed to claim.
Section § 26018
This law allows a department to independently decide to reduce a penalty before it is enforced, without any additional steps or processes.