Corpus browser
179663 records-
Open
Business and Professions Code - BPC - BPC § 26031.2
Business and Professions Code - BPC - BPC § 26031.2
(a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, issue an injunction or other appropriate order res
-
Open
Business and Professions Code - BPC - BPC § 26031.5
Business and Professions Code - BPC - BPC § 26031.5
(a) The department may issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated any provision of this division or any regulation adopted pursuant thereto. The department shall issue the citation in writing, and shall describe with
-
Open
Business and Professions Code - BPC - BPC § 26031.6
Business and Professions Code - BPC - BPC § 26031.6
(a) It is a violation of this division for a person to use or possess the universal symbol described in paragraph (7) of subdivision (c) of Section 26130 in connection with commercial activity other than commercial cannabis activity licensed under this division. For purposes of t
-
Open
Business and Professions Code - BPC - BPC § 26032
Business and Professions Code - BPC - BPC § 26032
(a) The actions of a licensee, its employees, and its agents are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state
-
Open
Business and Professions Code - BPC - BPC § 26033
Business and Professions Code - BPC - BPC § 26033
(a) A qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any othe
-
Open
Business and Professions Code - BPC - BPC § 26034
Business and Professions Code - BPC - BPC § 26034
All accusations against licensees shall be filed by the department within five years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation allegin
-
Open
Business and Professions Code - BPC - BPC § 26035
Business and Professions Code - BPC - BPC § 26035
The director shall designate the persons employed by the department for purposes of the administration and enforcement of this division. The director shall ensure that a sufficient number of employees are qualified peace officers for purposes of enforcing this division.
-
Open
Business and Professions Code - BPC - BPC § 26036
Business and Professions Code - BPC - BPC § 26036
Nothing in this division shall be interpreted to supersede or limit the department or other state and local agencies from exercising their existing enforcement authority, including, but not limited to, under this division, the Fish and Game Code, the Food and Agricultural Code, t
-
Open
Business and Professions Code - BPC - BPC § 26037
Business and Professions Code - BPC - BPC § 26037
(a) The actions of a licensee, its employees, and its agents that are (1) permitted under a license issued under this division and any applicable local ordinances and (2) conducted in accordance with the requirements of this division and regulations adopted pursuant to this divis
-
Open
Business and Professions Code - BPC - BPC § 26037.5
Business and Professions Code - BPC - BPC § 26037.5
(a) A person or entity shall not engage in commercial cannabis activity without a state license issued by the department pursuant to this division. (b) The requirement to obtain a state license for the cultivation of cannabis pursuant to this division does not apply to the cultiv
-
Open
Business and Professions Code - BPC - BPC § 26038
Business and Professions Code - BPC - BPC § 26038
(a) (1) A person engaging in commercial cannabis activity without a license as required by this division shall be subject to civil penalties of up to three times the amount of the license fee for each violation. Each day of operation shall constitute a separate violation of this
-
Open
Business and Professions Code - BPC - BPC § 26038.1
Business and Professions Code - BPC - BPC § 26038.1
(a) In addition to other remedies permitted by law, a licensee under this division may bring an action in superior court against a person engaging in commercial cannabis activity without a license as required by this division. (b) In order to prevail in an action brought pursuant
-
Open
Business and Professions Code - BPC - BPC § 26039.1
Business and Professions Code - BPC - BPC § 26039.1
(a) When the department has evidence that cannabis or a cannabis product is adulterated or misbranded, the department shall notify the licensee. The licensee may conduct a voluntary recall of the affected cannabis or cannabis product and may remediate the cannabis or cannabis pro
-
Open
Business and Professions Code - BPC - BPC § 26039.3
Business and Professions Code - BPC - BPC § 26039.3
(a) If the department finds or has probable cause to believe that cannabis or a cannabis product is adulterated or misbranded within the meaning of this division, or the sale of the cannabis or cannabis product would be in violation of this division, the department shall affix to
-
Open
Business and Professions Code - BPC - BPC § 26039.4
Business and Professions Code - BPC - BPC § 26039.4
A peace officer, including a peace officer with the department, may seize cannabis, industrial hemp, and cannabis products in any of the following circumstances: (a) The cannabis or cannabis product is subject to recall or embargo by the department. (b) The cannabis or cannabis p
-
Open
Business and Professions Code - BPC - BPC § 26039.5
Business and Professions Code - BPC - BPC § 26039.5
(a) Cannabis or a cannabis product is misbranded if it is any of the following: (1) Cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division. (2) Consists of cannabis or cannabis product that was cultivated, processed, manu
-
Open
Business and Professions Code - BPC - BPC § 26039.6
Business and Professions Code - BPC - BPC § 26039.6
(a) Cannabis or a cannabis product is adulterated if it is any of the following: (1) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered injurious. (2) It consists, i
-
Open
Business and Professions Code - BPC - BPC § 2604
Business and Professions Code - BPC - BPC § 2604
The members of the board shall be appointed for a term of four years, expiring on the first day of June of each year. The Governor shall appoint one of the public members and the four physical therapist members of the board qualified as provided in Sections 2603 and 2603.5. The S
-
Open
Business and Professions Code - BPC - BPC § 26040
Business and Professions Code - BPC - BPC § 26040
(a) (1) There is established in state government, in the Business, Consumer Services, and Housing Agency, a Cannabis Control Appeals Panel which shall consist of the following members: (A) One member appointed by the Senate Committee on Rules. (B) One member appointed by the Spea
-
Open
Business and Professions Code - BPC - BPC § 26041
Business and Professions Code - BPC - BPC § 26041
All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The Executive Director of the panel shall furnish the equipment, supplies, and housing necessary for the authorized activities of the p
-
Open
Business and Professions Code - BPC - BPC § 26042
Business and Professions Code - BPC - BPC § 26042
The panel shall adopt procedures for appeals similar to the procedures used in Article 3 (commencing with Section 23075) and Article 4 (commencing with Section 23080) of Chapter 1.5 of Division 9 of the Business and Professions Code. Such procedures shall be adopted in accordance
-
Open
Business and Professions Code - BPC - BPC § 26043
Business and Professions Code - BPC - BPC § 26043
(a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denyi
-
Open
Business and Professions Code - BPC - BPC § 26044
Business and Professions Code - BPC - BPC § 26044
(a) In appeals where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department fo
-
Open
Business and Professions Code - BPC - BPC § 26045
Business and Professions Code - BPC - BPC § 26045
(a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation
-
Open
Business and Professions Code - BPC - BPC § 26046
Business and Professions Code - BPC - BPC § 26046
(a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether: (1) The department has proceeded without or in excess of its jurisdiction. (2) The department has proceeded in the manner requir