Today's Law As Amended

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SB-67 Cannabis: temporary licenses.(2019-2020)



SECTION 1.

 Section 26050.3 is added to the Business and Professions Code, to read:

26050.3.
 (a) A temporary license issued by the Department of Food and Agriculture pursuant to Section 26050.1, as enacted by Chapter 27 of the Statutes of 2017 (Senate Bill 94), that has expired shall be valid, regardless of its expiration date when issued, if the licensee submitted an application for an annual license and application fees, for the same premises and the same commercial cannabis activity for which the temporary license was issued, before the temporary license’s expiration date.
(b) A temporary license that is valid pursuant to subdivision (a) shall cease to be valid after the Department of Food and Agriculture issues an annual or provisional license for which the temporary license was issued.
(c) A temporary license that is valid pursuant to subdivision (a) shall cease to be valid 30 days after any of the following occur:
(1) The Department of Food and Agriculture denies the licensee’s application for which the temporary license was extended pursuant to subdivision (a).
(2) The Department of Food and Agriculture disqualifies the licensee’s application for an annual license for which the temporary license was extended pursuant to subdivision (a).
(3) The licensee abandons or withdraws the application for an annual license for which the temporary license was extended pursuant to subdivision (a).
(4) The Department of Food and Agriculture notifies the temporary licensee that the licensee is eligible for an annual or provisional license for which the temporary license was issued pursuant to subdivision (a).
(d) Denial, disqualification, revocation, or suspension by the Department of Food and Agriculture of a temporary license extended pursuant to subdivision (a) shall not entitle the applicant or licensee to a hearing or an appeal of the decision. Chapter 2 (commencing with Section 480) of Division 1.5, Section 26031, and Chapter 4 (commencing with Section 26040) of this division shall not apply to temporary licenses extended pursuant to subdivision (a). A temporary license shall not obligate the Department of Food and Agriculture to issue an annual or provisional license. A temporary license shall not create a vested right in the holder to either an extension of the temporary license or to the granting of a subsequent annual or provisional license.
(e) This section shall remain in effect only until September 15, 2019, and as of that date is repealed.
SEC. 2.
 The Legislature finds and declares that Section 1 of this act adding Section 26050.3 to the Business and Professions Code furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The significant number of license applications pending with the licensing authorities or with local authorities before temporary licenses expire or before provisional licenses can be issued threatens to create a major disruption in the commercial cannabis marketplace.