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BUREAU OF CANNABIS CONTROL;ENFORCEMENT § 5800. Right of Access

Cannabis Enforcment

(a) The Bureau, and its authorized representatives, shall have full and immediate access to inspect and: (1) Enter onto any premises licensed by the Bureau. (2) Test any vehicle or equipment possessed by, in control of, or used by a licensee or their agents and employees for the purpose of conducting commercial cannabis activity. (3) Test any cannabis goods or cannabis-related materials or products possessed by, in control of, or used by a licensee or their agents and employees for the purpose of conducting commercial cannabis activity. (4) Copy any materials, books, or records of any licensee or their agents and employees. (b) Failure to cooperate with and participate in any Bureau investigation pending against the licensee may result in a licensing violation subject to discipline. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee’s business. Any constitutional or statutory privilege exercised by the licensee shall not be used against the licensee in a regulatory or disciplinary proceeding against the licensee. (c) The Bureau, and its authorized representatives, shall have the rights of immediate access under subsection (a), during any inspection, investigation, review, or audit, or as otherwise allowed by law. (d) Prior notice of an inspection, investigation, review, or audit is not required. (e) Any inspection, investigation, review, or audit of a licensed premises shall be conducted anytime the licensee is exercising privileges under the license, or as otherwise agreed to by the Bureau and the licensee or its agents, employees, or representatives. (f) If the premises is not accessible because access is only available by going through another licensed premises and the licensee occupying the other premises denies the Bureau access, the licensees shall both be held responsible and subject to discipline. Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26015, and 26160, Business and Professions Code; and Section 11181, Government Code.

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