Business and Professions Code - BPC - BPC § 26152.2

Summary

(a) The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (g) of Section 26152, or subdivision (b) of Section 111926 of the Health and Safety Code. (b) (1) The

Text

(a)
The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (g) of Section 26152, or subdivision (b) of Section 111926 of the Health and Safety Code.
(b)
(1)
The Attorney General, a city attorney, or a county counsel who prevails in an action pursuant to this section shall be awarded injunctive relief.
(2)
The Attorney General, a city attorney, or a county counsel may also be awarded either or both of the following:
(A)
Reasonable attorney’s fees and costs.
(B)
Civil penalties of not more than five thousand dollars ($5,000) per violation by a licensed cannabis business or an industrial hemp registrant and not more than thirty thousand dollars ($30,000) per violation by an unlicensed cannabis business or an unregistered business engaged in the sale of products that contain industrial hemp.
(3)
The remedies provided in this section shall be in addition to any other remedies otherwise provided in any other law.
(c)
In determining whether to award reasonable attorney’s fees and costs and civil penalties, and in assessing the amount of any civil penalty, the court shall consider factors the court determines to be relevant, including, but not limited to, all of the following:
(1)
The gravity of the violation.
(2)
The defendant’s good faith, or lack thereof.
(3)
The defendant’s history of previous violations.
(d)
Civil penalties awarded in an action brought pursuant to this section shall be distributed as described in subdivision (d) of Section 26038.
(e)
(1)
Except as provided in paragraph (2), a defendant shall not be subject to more than one action pursuant to this section in connection with the same, or substantially similar, advertising or marketing.
(2)
This subdivision does not prohibit a subsequent action pursuant to this section to redress a recurring or continuing violation of Section 26152 or of Section 111926 of the Health and Safety Code, after the defendant has
previously been found to have engaged in the same violation of Section 26152 or of Section 111926 of the Health and Safety Code or a substantially similar violation. Such an action may be brought and maintained if all of the following conditions are satisfied:
(A)
The defendant has previously been found, in an action pursuant to this section, to have violated one or more subdivisions of Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code.
(B)
The defendant subsequently engages in the same advertising or marketing, or substantially similar advertising or marketing, that was previously found to violate Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code.
(C)
The subsequent action is limited to advertising or marketing that occurred after entry of judgment in the
prior action.
(f)
(1)
The causes of action, remedies, and penalties provided by this section are cumulative to each other and to the causes of action, remedies, and penalties available under all other laws of this state.
(2)
This section shall not be construed to limit the availability of any cause of action, remedy, or penalty otherwise available under any other law of this state.
(g)
(1)
This section shall not be construed to limit or otherwise alter, in any way, any other authority conferred by law upon the Attorney General, the department, or any other state or local officer or agency.
(2)
An action brought pursuant to this section shall not have preclusive effect upon the Attorney General, the department,
or any other state or local officer or agency.

Retrieval chunks

• #1 | Business and Professions Code - BPC - BPC § 26152.2

  (a) The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (g) of Section 26152, or subdivision (b) of Section 111926 of the Health and Safety Code. (b) (1) The Attorney General, a city attorney,…

• #2

  The defendant has previously been found, in an action pursuant to this section, to have violated one or more subdivisions of Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code. (B) The defendant subsequently engages in the same advertising or marketing, or substantially similar advertis…