Bill Text


Bill PDF |Add To My Favorites | print page

AB-1601 Jury duty: eligibility.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 01/03/2024 02:00 PM
AB1601:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2024
Amended  IN  Assembly  April 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1601

Introduced by Assembly Member Alvarez

February 17, 2023

An act to amend Sections 26030 and 26038 of, and to add Section 26037.8 to, the Business and Professions Code, Section 203 of the Code of Civil Procedure, relating to cannabis. jury duty.


LEGISLATIVE COUNSEL'S DIGEST


AB 1601, as amended, Alvarez. Cannabis: enforcement by local jurisdictions. Jury duty: eligibility.
Existing law makes all persons eligible and qualified to be prospective trial jurors, except persons who, among other things, are not citizens of the United States.
This bill would instead make a person eligible and qualified to be a prospective juror if they are a lawful permanent resident.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. MAUCRSA tasks the department with enforcement of MAUCRSA, but provides that it does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to licensees under the act. MAUCRSA specifies grounds for disciplinary action under the act and provides that a person engaging in commercial cannabis activity without a license is subject to civil penalties, as specified. MAUCRSA authorizes the Attorney General, a county counsel, a city attorney, or a city prosecutor to bring an action, and requires the penalty to first be used to reimburse the prosecuting agency for specified costs of bringing the action, with the remainder, if any, to be deposited in the General Fund.

This bill would provide that grounds for disciplinary actions under MAUCRSA against a licensee include concealment of illegal business activities, including tax evasion and money laundering, by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee. The bill would authorize a local jurisdiction to take disciplinary action against a licensee for illegal business activities by the licensee, or for concealment of illegal business activities, by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee.

This bill would require, in an action brought by a county counsel, city attorney, or city prosecutor, the penalty to first be used to reimburse the prosecuting agency for specified costs in bringing the action, with 50% of the remainder, if any, paid to the county or city, as applicable, and the other 50% to be deposited into the General Fund.

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

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


SECTION 1.

 Section 203 of the Code of Civil Procedure is amended to read:

203.
 (a) All persons are eligible and qualified to be prospective trial jurors, except the following:
(1) Persons who are not lawful permanent residents or citizens of the United States.
(2) Persons who are less than 18 years of age.
(3) Persons who are not domiciliaries of the State of California, as determined pursuant to Article 2 (commencing with Section 2020) of Chapter 1 of Division 2 of the Elections Code.
(4) Persons who are not residents of the jurisdiction wherein they are summoned to serve.
(5) Persons who have been convicted of malfeasance in office and whose civil rights have not been restored.
(6) Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person’s ability to communicate or which impairs or interferes with the person’s mobility.
(7) Persons who are serving as grand or trial jurors in any court of this state.
(8) Persons who are the subject of conservatorship.
(9) Persons while they are incarcerated in any prison or jail.
(10) Persons who have been convicted of a felony and are currently on parole, postrelease community supervision, felony probation, or mandated supervision for the conviction of a felony.
(11) Persons who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on a felony conviction.
(b) No person shall be excluded from eligibility for jury service in the State of California, for any reason other than those reasons provided by this section.
(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.Section 26030 of the Business and Professions Code is amended to read:
26030.

Grounds for disciplinary action include, but are not limited to, all of the following:

(a)Failure to comply with the provisions of this division or any rule or regulation adopted pursuant to this division.

(b)Conduct that constitutes grounds for denial of licensure pursuant to Chapter 2 (commencing with Section 480) of Division 1.5 or discipline of a license pursuant to Chapter 3 (commencing with Section 490) of Division 1.5.

(c)Any other grounds contained in regulations adopted by the department pursuant to this division.

(d)Failure to comply with any state law including, but not limited to, the payment of taxes as required under the Revenue and Taxation Code, except as provided for in this division or other California law.

(e)Knowing violations of any state or local law, ordinance, or regulation conferring worker protections or legal rights on the employees of a licensee.

(f)Failure to comply with the requirement of a local ordinance regulating commercial cannabis activity.

(g)The intentional and knowing sale of cannabis or cannabis products by an A-licensee to a person under 21 years of age.

(h)The intentional and knowing sale of medicinal cannabis or medicinal cannabis products by an M-licensee to a person without a physician’s recommendation.

(i)Failure to maintain safe conditions for inspection by the department.

(j)Failure to comply with any operating procedure submitted to the department pursuant to subdivision (b) of Section 26051.5.

(k)Failure to comply with license conditions established pursuant to subdivision (b) of Section 26060.1.

(l)Concealment of illegal business activities, including, but not limited to, tax evasion and money laundering, by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee.

SEC. 2.Section 26037.8 is added to the Business and Professions Code, to read:
26037.8.

(a)A local jurisdiction may take any disciplinary action authorized under law by the local jurisdiction against a licensee for illegal business activities by the licensee, or for concealment of illegal business activities by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee.

(b)For purposes of this section, “illegal business activities” includes, but is not limited to, tax evasion and money laundering.

SEC. 3.Section 26038 of the Business and Professions Code is amended to read:
26038.

(a)(1)A person engaging in commercial cannabis activity without a license as required by this division shall be subject to civil penalties of up to three times the amount of the license fee for each violation. Each day of operation shall constitute a separate violation of this section.

(2)A person aiding and abetting unlicensed commercial cannabis activity shall be subject to civil penalties of up to three times the amount of the license fee for each violation, but in no case shall the penalty exceed thirty thousand dollars ($30,000) for each violation. Each day of operation of unlicensed commercial cannabis activity that a person is found to have aided and abetted shall constitute a separate violation of this section.

(3)A person who has management or control of a commercial property, or a commercial building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the commercial property, building, room, space, or enclosure for the purpose of the unlicensed commercial cultivation, manufacture, storage, sale, or distribution of cannabis shall be subject to civil penalties of up to ten thousand dollars ($10,000) for each violation. Each day of violation shall constitute a separate violation of this section.

(4)In assessing a penalty, a court shall give due consideration to the appropriateness of the amount of the civil penalty with respect to factors the court determines to be relevant, including the following:

(A)The gravity of the violation by the licensee or person.

(B)The good faith of the licensee or person.

(C)The licensee’s or person’s history of previous violations.

(D)Whether, and to what extent, the licensee or person profited from the unlicensed cannabis activity.

(5)Cannabis associated with a violation described in this subdivision may be destroyed in accordance with Section 11479 of the Health and Safety Code. The person in violation shall be responsible for the cost of the destruction of cannabis associated with their violation.

(b)An action for civil penalties brought against a person pursuant to this division shall not be commenced unless the action is filed within three years from the date of the violation.

(c)All civil penalties imposed and collected pursuant to this section by a court shall be deposited into the General Fund except as provided in subdivision (e).

(d)For the purposes of this section, in order to prove that a person aided and abetted an unlicensed cannabis activity all of the following must be demonstrated:

(1)The person was an owner, officer, controlling shareholder, or in a similar position of authority allowing them to make command or control decisions regarding the operations and management of the unlicensed cannabis activity or the property in which the activity is taking place.

(2)The person had actual knowledge that the cannabis activity was unlicensed and that the cannabis activity required a license.

(3)The person provided substantial assistance or encouragement to the unlicensed cannabis activity.

(4)The person’s conduct was a substantial factor in furthering the unlicensed cannabis activity.

(e)(1)If an action for civil penalties is brought against a person pursuant to this division by the Attorney General on behalf of the people or on behalf of the department or a participating agency, the penalty shall first be used to reimburse the Attorney General and the department or the participating agency for the costs of investigating and prosecuting the action, including expert fees and reasonable attorney’s fees, with the remainder, if any, to be deposited into the General Fund.

(2)If the action is brought by a county counsel, the penalty shall first be used to reimburse the county counsel for the costs of bringing the action for civil penalties, with one-half of the remainder, if any, paid to the treasurer of the county in which the judgment was entered and one-half to be deposited into the General Fund.

(3)If the action is brought by a city attorney or city prosecutor, the penalty collected shall first be used to reimburse the city attorney or city prosecutor for the costs of bringing the action for civil penalties, with the remainder, if any, paid to the treasurer of the city in which the judgment was entered and one-half to be deposited into the General Fund.

(4)Actions for civil penalties pursuant to paragraph (2) of subdivision (a) shall be brought exclusively by the Attorney General on behalf of the people, on behalf of the department, or on behalf of the participating agency, or by a city or county counsel or city prosecutor in a city or county having a population in excess of 750,000.

(5)Actions for civil penalties pursuant to paragraph (3) of subdivision (a) shall be brought exclusively by the Attorney General on behalf of the people, on behalf of the department, or on behalf of the participating agency, or by a city or county counsel, or city prosecutor.

(f)For purposes of paragraph (3) of subdivision (a), in order to prove that a person knowingly rented, leased, or made available the commercial property for unlawful commercial cannabis activity, it shall be demonstrated that the person had actual knowledge that the cannabis-related activity was for commercial purposes, required a license, and was unlicensed. The presence of a lawful amount of cannabis, cannabis products, or cannabis plants, subject to Sections 11362.1 and 11362.45 of the Health and Safety Code, shall not be evidence of actual knowledge.

(g)Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed person engaging in commercial cannabis activity in violation of this division.

(h)(1)This section does not limit, preempt, or otherwise affect any other state or local law, rule, regulation, or ordinance applicable to the conduct described in subdivision (a), or otherwise relating to commercial cannabis activities.

(2)This section is meant to further the intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), which allows local governments to reasonably regulate the cultivation of nonmedical cannabis for personal use by adults 21 years of age and older through zoning and other local laws.