Bureau of Cannabis Control Emergency Regulations CODE OF REGULATIONS TITLE 16 DIVISION
§ 5009. Limited Waiver of Sovereign Immunity
(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 Bureau 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 Bureau 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
premises or property at which the applicant conducts any commercial cannabis activity,
including 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 AdultUse
Regulation and Safety Act and the Administrative Procedure Act.
(b) The Bureau shall not approve an application for a state license if approval of the license
would violate the provisions of any local ordinance or regulation adopted in accordance with
Business and Professions Code section 26200 that is issued by the county or, if within a city, the
city, within which the licensed premises is to be located.
(c) Any applicant or licensee must immediately notify the Bureau of any changes that may
materially affect the applicant or licensee’s compliance with subsection (a) of this section.
(d) Any failure by an applicant or licensee to comply with the requirements of subsections (b) or
(c) shall be a basis for denial of an application or renewal or discipline of a licensee.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26050
and 26051.5, Business and Professions Code.