Bill Text: CA AB2102 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2102 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Cannabis: facilities used for unlawful purposes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-06-21 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2102 Detail]

Download: California-2021-AB2102-Amended.html

Amended IN Assembly March 21, 2022

Amended IN Assembly March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2102

Introduced by Assembly Member Jones-Sawyer

February 14, 2022

An act to add Section 26039 to the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 2102, as amended, Jones-Sawyer. Cannabis: facilities used for unlawful purposes.

Existing law makes it a crime for a person who has management or control of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, room, space, or enclosure, for the purpose of unlawfully manufacturing, storing, or distributing a controlled substance for sale or distribution.

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) provides for the licensure and regulation of commercial cannabis activity by the Department of Cannabis Control. Existing law establishes the Cannabis Fines and Penalties Account, which is disbursed upon appropriation of the Legislature.

This bill would impose a civil penalty of up to $30,000 per violation against a person who violates the prohibition on renting, leasing, or making available a building, room, space, or enclosure for the purpose of unlawfully manufacturing, distributing, or selling cannabis, in addition to the criminal ~~penalty.~~ penalty, and authorizes injunctive relief, as specified. The bill would make each day the violation continues a separate violation for this purpose. The bill would ~~authorize a case to impose the civil penalty to be brought by the department, the Office of the Attorney General, or a local jurisdiction.~~ specify what entities may bring an action for civil penalties or injunctive relief and how the civil penalty is distributed. The bill would authorize the entity bringing the case to recover the costs of the investigation and reasonable attorney’s fees either from the defendant or from the fine, as specified. ~~The bill would require the remaining civil penalty to be deposited in the Cannabis Fines and Penalties Account.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 26039 is added to the Business and Professions Code, to read:

26039.

(a) (1) A person who has management or control of a property, building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who rents, leases, or makes available for use, with or without compensation, the property, building, room, space, or enclosure for the purpose of unlawfully cultivating, manufacturing, selling, storing, or distributing cannabis shall be subject to civil penalties of up to thirty thousand dollars ($30,000) for each violation. Each day of violation shall constitute a separate violation of this section.

(2) A person who engages, has engaged, or proposes to engage in the activity prohibited in subdivision (a) may be enjoined by a court of competent jurisdiction. The court may make that order or judgment, including the appointment of a receiver, as necessary to prevent the activity prohibited in subdivision (a).

(b) An action ~~for a civil penalty~~ pursuant to this section may be brought by the department, the office of the Attorney General, or a local jurisdiction. If an action pursuant to this section is brought by a local jurisdiction, the action may be brought by a district attorney or by a county counsel authorized by an agreement with the district attorney, or by a city attorney of a city having a population in excess of 750,000, or by a county counsel of a county within which a city has a population in excess of 750,000, or by a city attorney in a city and county, or, with the consent of the district attorney, by a city attorney in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. The action for civil penalties shall be commenced within three years from the date of the first discovery of the violation.

(c) (1) A If the cause of action is brought by the Attorney General or a state licensing entity, a civil penalty imposed pursuant to this section shall be deposited in the Cannabis Fines and Penalties Account and distributed pursuant to subdivision (d) of Section 26210, except as specified in paragraph ~~(4).~~ (2), (3), or (5).

(2) If the cause of action is brought by a local jurisdiction, the civil penalty collected shall be paid one-half to the prosecuting entity and one-half pursuant to paragraph (1).
~~(2)~~

(3) In addition to the penalty provided in subdivision (a), the entity bringing the action may recover the actual costs of investigation, expert witness fees, and reasonable attorney’s fees.

~~(3)~~

(4) If the cause of action is brought by the department, the recovered costs shall be deposited in the Cannabis Control Fund, established in Section 26210.

~~(4)~~

(5) If the cause of action is brought by the office of the Attorney General or a local jurisdiction, to the extent that their costs have not been recovered pursuant to paragraph (2), their costs shall be deducted from the civil penalty.

(d) A civil penalty imposed pursuant to this section shall be in addition to any other civil or criminal penalty, including prosecution pursuant to Section 11366.5 of the Health and Safety Code.

(e) This section dos not limit, preempt, or otherwise affect any other state or local law, rule, regulation, or ordinance applicable to the conduct described in subdivision (a), to a state or local law, rule, regulation, or ordinance otherwise relating to commercial cannabis activity, or to enforcement under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(f) The remedies or penalties provided in this section are cumulative to the remedies or penalties available under all other state or local laws.