In reaching a decision on a disciplinary action under the Act and the Administrative Procedures Act (Govt. Code section 11400 et seq.), the Bureau shall consider the disciplinary guidelines entitled “Bureau of Cannabis Control Disciplinary Guidelines November 2017,” which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Bureau in its sole discretion determines that the facts of the particular case warrant such a deviation, e.g., the presence of mitigating factors, the age of the case, or evidentiary problems. Authority: Section 26013, Business and Professions Code; Reference: Section 26031, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5813. Enforcement Costs
(a) In any order in resolution of a disciplinary proceeding for suspension or revocation of a license, the Bureau may request the administrative law judge to direct a licensee found to have committed a violation or violations of the Act, or any regulation adopted pursuant to the Act, to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. (b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the Bureau’s designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General. (c) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subsection (a). The Bureau may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subsection (a). (d) Where an order for recovery of costs is made and timely payment is not made as directed in the decision, the Bureau may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the Bureau may have as to any licensee to pay costs. (e) In any action for recovery of costs, proof of the decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) Except as provided in subsection (g) of this section, the Bureau shall not renew or reinstate any license of any licensee who has failed to pay all of the costs ordered under this division. (g) Notwithstanding subsection (f) of this section, the Bureau may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the Bureau for reimbursement within that one-year period for the unpaid costs. (h) Nothing in this section shall preclude the Bureau from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. Authority: Section 26013, Business and Professions Code; Reference: Sections 125.3 and 26031, Business and Professions Code
BUREAU OF CANNABIS CONTROL;§ 5813. Enforcement Costs
(a) In any order in resolution of a disciplinary proceeding for suspension or revocation of a license, the Bureau may request the administrative law judge to direct a licensee found to have committed a violation or violations of the Act, or any regulation adopted pursuant to the Act, to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. (b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the Bureau’s designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General. (c) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subsection (a). The Bureau may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subsection (a). (d) Where an order for recovery of costs is made and timely payment is not made as directed in the decision, the Bureau may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the Bureau may have as to any licensee to pay costs. (e) In any action for recovery of costs, proof of the decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) Except as provided in subsection (g) of this section, the Bureau shall not renew or reinstate any license of any licensee who has failed to pay all of the costs ordered under this division. (g) Notwithstanding subsection (f) of this section, the Bureau may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the Bureau for reimbursement within that one-year period for the unpaid costs. (h) Nothing in this section shall preclude the Bureau from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. Authority: Section 26013, Business and Professions Code; Reference: Sections 125.3 and 26031, Business and Professions Code
BUREAU OF CANNABIS CONTROL;§ 5812. Posting of Notice of Revocation
(a) A licensee whose license has been revoked shall conspicuously display a notice on the exterior of the licensee’s premises indicating that the license has been revoked. The notice shall remain continuously on the licensed premises for at least 15 calendar days. (b) The notice shall be two feet in length and 14 inches in width. The notice shall read: NOTICE OF REVOCATION The Bureau of Cannabis Control License(s) Issued For This Premises Has Been Revoked For Violation of State Law (c) Advertising or posting signs to the effect that the premises have been closed or that business has been suspended for any reason other than the reason provided in the decision revoking the license shall be deemed a violation of this section. (d) If the Bureau revokes a license at a licensed premises that has one or more licenses at the location that will remain active after the revocation, the revocation notice shall remain posted for a period of at least 15 calendar days. (e) Failure to display for the time required in this section shall be a violation of this section and may result in additional disciplinary action. (f) A licensee shall notify the Bureau within 24 hours of discovering that the notice under subsection (b) of this section has been removed or damaged to an extent that makes the notice illegible. Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and 26012, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§5806. Attire and Conduct
(a) No license shall allow the following: (1) Employment or use of any person in the sale or service of cannabis goods in or upon the licensed premises while such person is unclothed or in such attire, costume, or clothing as to expose to view any portion of the male or female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) Employment or use of the services of any host or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume, or clothing as described in subsection (a)(1) of this section. (3) Encouraging or permitting any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person. (4) Permitting any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair, or any portion thereof. Authority: Section 26013, Business and Professions Code. Reference: 26011.5, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5803. Contesting Citations
(a) A cited licensee or person may, within 30 calendar days of service of the citation, contest the citation by requesting a hearing in writing to the Bureau or such hearing is waived. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of the Government Code. (b) In addition to requesting a hearing provided for in subsection (a) of this section, the cited licensee or person may, within 15 calendar days after service of the citation, submit a written request for an informal conference with the Bureau regarding the acts or omissions charged in the citation. (c) The Bureau shall, within 15 calendar days from receipt of the written request, hold an informal conference with the licensee or person cited, and/or his or her legal counsel or authorized representative. (d) At the conclusion of the informal conference, the Bureau may affirm, modify, or dismiss the citation, including any fines levied or orders of abatement issued. A written decision stating the reasons for the decision shall be mailed to the cited licensee or person and his or her legal counsel, if any, within 15 calendar days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued, including the levied fine and the order of abatement, if any. (e) If the citation is dismissed, any request for a hearing shall be deemed withdrawn. If the citation is affirmed or modified, the cited licensee or person may, in his or her discretion, withdraw the request for a hearing or proceed with the administrative hearing process. (f) If the citation, including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 calendar days in accordance with subdivision (b)(4) of section 125.9 of the Business and Professions Code. Authority: Section 26013, Business and Professions Code. Reference: Sections 125.9, 26012 and 26016, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5802. Citations; Orders of Abatement; Administrative Fines
(a) The Bureau may issue citations containing orders of abatement and fines against a licensee, or an unlicensed person, for any acts or omissions which are in violation of any provision of the Act or any regulation adopted pursuant thereto. (b) The Bureau may issue a citation under this section to a licensee for a violation of a term or condition contained in a decision placing that licensee on probation. (c) Each citation: (1) Shall be in writing. (2) Shall describe with particularity the nature of the violation, including a reference to the law or regulation determined to have been violated. (3) May contain an assessment of an administrative fine of up to $5,000, and/or an order of abatement fixing a reasonable time for abatement of the violation; (4) Shall be served personally or by certified mail; and (5) Shall inform the licensee or person that he or she may request an informal conference, or contest the citation, or both, pursuant to section 5803. (d) Failure to pay a fine within 30 calendar days of the date of assessment, unless the citation is being contested, may result in further action being taken by the Bureau including, but not limited to, suspension or revocation of a license. If a citation is not appealed and the fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without the payment of the renewal fee and fine. (e) The amount of any fine to be levied by the Bureau shall take into consideration the factors listed in subdivision (b)(3) of Section 125.9 of the Business and Professions Code. (f) Nothing in this section shall be deemed to prevent the Bureau from filing an accusation to suspend or revoke a license where grounds for such suspension or revocation exist. Authority: Sections 125.9 and 26013, Business and Professions Code. Reference: Sections 125.9, 148, 149 and 26012, Business and Professions Code.
BUREAU OF CANNABIS CONTROL; § 5733. Required Proficiency Testing
(a) The laboratory shall participate in a proficiency testing program (“PT program”) provided by an organization that operates in conformance with the requirements of ISO/IEC 17043, at least once every six months after receiving ISO/IEC 17025 accreditation. (b) The laboratory shall participate in the PT program by following the laboratory’s existing SOPs for testing cannabis and cannabis products. (c) The laboratory shall rotate the PT program among the analytical methods in the laboratory’s scope of accreditation and among the employees who perform the test methods. (d) Laboratory employees who participate in a PT program shall sign the corresponding analytical reports or attestation statements to certify that the PT program was conducted in the same manner as the laboratory tests of cannabis and cannabis products. (e) A supervisory or management laboratory employee shall review and verify the accuracy of results reported for all PT program samples analyzed. (f) The laboratory shall provide PT program results to the Bureau within 3 business days after the laboratory receives notification of their test results from the PT program provider. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and 26110, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5727. Remediation and Retesting
(a) A harvest batch or cannabis product batch that has been additionally processed after a failed testing must be retested and successfully pass all the analyses required under this chapter. (b) A harvest batch or cannabis product batch that failed testing only because of nonconformance with the labeled content may be relabeled so that the batch conforms with the labeled content. (c) A harvest batch or cannabis product batch that is relabeled by the distributor so that the batch conforms with the labeled content shall not be additionally processed or additionally analyzed. (d) A harvest batch or cannabis product batch may only be remediated twice. If the batch fails after the second remediation attempt and the second retesting, the entire batch shall not be released for retail sale. (e) Within 1 business day of completing the required analyses of a sample obtained from a remediated harvest batch or remediated cannabis product batch, the laboratory shall enter the COA information into the track and trace system. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5726. Certificate of Analysis (COA)
(a) The laboratory shall generate a COA only for each representative sample that the laboratory analyzes. (b) The laboratory shall, within 1 business day of completing analyses of a sample, both enter the COA information into the track and trace system and provide a copy of the COA to the requester. (c) The COA shall contain, at minimum, the following information: (1) Laboratory’s name, address, and license number; (2) Distributor’s name, address, and license number; (3) Cultivator’s, manufacturer’s, or microbusiness’ name, address, and license number; (4) Batch number of the batch from which the sample was obtained; (5) Sample identifying information, including matrix type and unique sample identifiers; (6) Sample history, including the date collected, the date received by the laboratory, and the date(s) of sample analyses and corresponding testing results; (7) For cannabis samples, the total weight, in grams, of both the representative sample and the total batch size; (8) For cannabis product samples, the total unit count of both the representative sample and the total batch size; (9) The identity of the analytical methods used and corresponding Limits of Detection (LOD) and Limits of Quantitation (LOQ); and (10) Analytes detected during the analyses of the sample that are unknown, unidentified, or injurious to human health if consumed, if any. (d) The laboratory shall report test results for each representative sample on the COA as follows: (1) Indicate an overall “pass” or “fail” for the entire batch; (2) When reporting qualitative results for each analyte, the laboratory shall indicate “pass” or “fail”; (3) When reporting quantitative results for each analyte, the laboratory shall use the appropriate units of measurement as required under this chapter; (4) When reporting results for each test method, the laboratory shall indicate “pass” or “fail”; (5) For representative samples obtained from a cannabis or cannabis product batch to which a content label is affixed at the time of sampling, the laboratory shall report the following on the COA:
(A) The cannabinoid content and terpenoid content as printed or written on the label that is affixed to the cannabis or cannabis product batch; (B) The cannabinoid profile and the terpenoid profile of the representative sample as determined by the laboratory as required under section 5724 and section 5725 of this chapter, respectively; and (C) The difference, in percentage, between the cannabinoid content and terpenoid content as printed or written on the label and the cannabinoid profile and the terpenoid profile of the representative sample, if any, as determined by the laboratory; (6) When reporting results for any analytes that were detected below the analytical method LOQ, indicate “