Today's Law As Amended


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AB-2094 Cannabis: facilities used for unlawful purposes.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 26039 is added to the Business and Professions Code, in Chapter 3 of Division 10, to read:

26039.
 (a) 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.
(b) An action for a civil penalty pursuant to this section may be brought by a licensing entity, the Office of the Attorney General, or a local jurisdiction. The action for civil penalties shall be commenced within three years from the date of the first discovery of the violation.
(c) (1) 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) 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) If the cause of action is brought by a licensing authority, the recovered costs shall be deposited in the Cannabis Control Fund, established in Section 26180.
(4) 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.