Business and Professions Code — Part 26 | BPC — United States — California law | Esheria

Business and Professions Code

Part 26 of 52 · provisions 5,001–5,200

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 2570.18.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    Occupational therapists and occupational therapy assistants must document and sign client records, and client records must be kept for at least seven years after discharge.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.18.5. (a) An occupational therapist shall document the occupational therapist’s evaluation, goals, treatment plan, and summary of treatment in the client record. (b) An occupational therapy assistant shall document the services provided in the client record. (c) Occupational therapists and occupational therapy assistants shall document and sign the client record legibly. (d) Client records shall be maintained for a period of no less than seven years following the discharge of the client, except that the records of unemancipated minors shall be maintained at least one year after the minor has reached the age of 18 years, and not in any case less than seven years. (Added by renumbering Section 2570.185 by Stats. 2022, Ch. 290, Sec. 2. (AB 2671) Effective January 1, 2023.)
  2. 2570.19.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    This section creates the California Board of Occupational Therapy and sets rules for who serves on it, how members are appointed, how often it meets, and when it will be repealed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter. (b) The members of the board shall consist of the following: (1) Three occupational therapists who shall have practiced occupational therapy for five years. (2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years. (3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600. (c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution. (d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments. (e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board. (f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president. (g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board. (h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103. (j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct. (k) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 290, Sec. 3. (AB 2671) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  3. 2570.19.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    If Section 2570.19 is repealed, the board becomes subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.19.5. Notwithstanding any other law, the repeal of Section 2570.19 renders the board subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2022, Ch. 290, Sec. 4. (AB 2671) Effective January 1, 2023.)
  4. 2570.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    This section mainly defines occupational-therapy terms and sets supervision/documentation rules for aides.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.2. As used in this chapter, unless the context requires otherwise: (a) “Appropriate supervision of an aide” means that the responsible occupational therapist or occupational therapy assistant shall provide direct in-sight supervision when the aide is providing delegated client-related tasks and shall be readily available at all times to provide advice or instruction to the aide. The occupational therapist or occupational therapy assistant is responsible for documenting the client’s record concerning the delegated client-related tasks performed by the aide. (b) “Aide” means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. An occupational therapist or occupational therapy assistant licensed pursuant to this chapter may utilize the services of one aide engaged in client-related tasks to assist the occupational therapist or occupational therapy assistant in the practice of occupational therapy. The occupational therapist shall be responsible for the overall use and actions of the aide. (c) “Association” means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. (d) “Board” means the California Board of Occupational Therapy. (e) “Continuing competence” means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. (f) “Examination” means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. (g) “Good standing” means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person’s license. (h) “Occupational therapist” means an individual who meets the minimum education requirements specified in Section 2570.6 and is licensed pursuant to the provisions of this chapter and whose license is in good standing as determined by the board to practice occupational therapy under this chapter. The occupational therapist is responsible for and directs the evaluation process and develops the intervention plan. (i) “Occupational therapy assistant” means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. (j) “Occupational therapy services” means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. (k) “Person” means an individual, partnership, unincorporated organization, or corporation. (l) “Occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness for clients with disability- and nondisability-related needs or to those who have, or are at risk of developing, health conditions that limit activity or cause participation restrictions. Occupational therapy services encompass occupational therapy assessment, treatment, education, and consultation. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perception and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. Occupational therapy assessment identifies performance abilities and limitations that are necessary for self-maintenance, learning, work, and other similar meaningful activities. Occupational therapy treatment is focused on developing, improving, or restoring functional daily living skills, compensating for and preventing dysfunction, or minimizing disability. Through engagement in everyday activities, occupational therapy promotes mental health by supporting occupational performance in people with, or at risk of experiencing, a range of physical and mental health disorders. Occupational therapy techniques that are used for treatment involve teaching activities of daily living (excluding speech-language skills); designing or fabricating orthotic devices, and applying or training in the use of assistive technology or orthotic and prosthetic devices (excluding gait training). Occupational therapy consultation provides expert advice to enhance function and quality of life. Consultation or treatment may involve modification of tasks or environments to allow an individual to achieve maximum independence. Services are provided individually, in groups, or populations. (m) “Hand therapy” is the art and science of rehabilitation of the hand, wrist, and forearm requiring comprehensive knowledge of the upper extremity and specialized skills in assessment and treatment to prevent dysfunction, restore function, or reverse the advancement of pathology. This definition is not intended to prevent an occupational therapist practicing hand therapy from providing other occupational therapy services authorized under this act in conjunction with hand therapy. (n) “Physical agent modalities” means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. These techniques are used as adjunctive methods in conjunction with, or in immediate preparation for, occupational therapy services. (Amended by Stats. 2018, Ch. 490, Sec. 1. (AB 2221) Effective January 1, 2019.)
  5. 2570.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The board must administer and enforce this chapter, evaluate licensure qualifications, may approve licensure exams, adopt needed rules, and follow the specified government-code procedure for proceedings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.20. (a) The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications for licensure, and may approve the examinations for licensure under this chapter. (b) The board shall adopt rules in accordance with the Administrative Procedure Act necessary to effectuate the purpose of this chapter for persons holding a license to practice occupational therapy or to assist in the practice of occupational therapy in this state. (c) Proceedings under this chapter shall be conducted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2018, Ch. 490, Sec. 9. (AB 2221) Effective January 1, 2019.)
  6. 2570.21.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The board may employ an executive officer and other officers and employees, but this authority is subject to Sections 107 and 154.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.21. Subject to Sections 107 and 154, the board may employ an executive officer and other officers and employees (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
  7. 2570.22.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    Fees collected by the board must be paid into the State Treasury, and those funds are credited to the Occupational Therapy Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.22. All fees collected by the board shall be paid into the State Treasury and shall be credited to the Occupational Therapy Fund which is hereby created. The money in the fund shall be available, upon appropriation by the Legislature, for expenditure by the board to defray its expenses and to otherwise administer this chapter. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
  8. 2570.23.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    A person who violates Section 2570.3 commits a misdemeanor and may be punished by a fine, jail time, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.23. Any person who violates Section 2570.3 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than one year in a county jail, or by both that fine and imprisonment. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
  9. 2570.24.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    This section says that if part of the chapter is invalid, the rest can still remain in effect if it can work without the invalid part.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.24. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. (Added by Stats. 2000, Ch. 697, Sec. 3. Effective January 1, 2001.)
  10. 2570.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The California Board of Occupational Therapy must put public protection first when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.25. Protection of the public shall be the highest priority for the California Board of Occupational Therapy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 8. Effective January 1, 2003.)
  11. 2570.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The board may, after a hearing, deny, suspend, revoke, or place on probation certain licenses and permits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.26. (a) The board may, after a hearing, deny, suspend, revoke, or place on probation a license, inactive license, or limited permit. (b) As used in this chapter, “license” includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. (c) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 2009, Ch. 307, Sec. 25. (SB 821) Effective January 1, 2010.)
  12. 2570.27.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The board may discipline licensees, including probation, suspension, revocation, or other action it considers proper, and may issue an initial probationary license to certain applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.27. (a) The board may discipline a licensee by any or a combination of the following methods: (1) Placing the license on probation with terms and conditions. (2) Suspending the license and the right to practice occupational therapy for a period not to exceed one year. (3) Revoking the license. (4) Suspending or staying the disciplinary order, or portions of it, with or without conditions. (5) Taking other action as the board, in its discretion, deems proper. (b) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any provision of this chapter or the regulations adopted pursuant to it, but who has met all other requirements for licensure. (Added by Stats. 2002, Ch. 1079, Sec. 6. Effective September 29, 2002.)
  13. 2570.28.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    The board may deny or discipline a licensee for listed misconduct and related violations, and it must follow special consultation and information-sharing steps for infection control issues.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.28. The board may deny or discipline a licensee for any of the following: (a) Unprofessional conduct, including, but not limited to, the following: (1) Incompetence or gross negligence in carrying out usual occupational therapy functions. (2) Repeated similar negligent acts in carrying out usual occupational therapy functions. (3) A conviction for practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event a certified copy of the record of conviction shall be conclusive evidence thereof. (4) The use of advertising relating to occupational therapy that violates Section 17500. (5) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof. (b) Procuring a license by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this chapter. (d) Making or giving any false statement or information in connection with the application for issuance or renewal of a license. (e) Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof. (f) Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license. (g) Impersonating a licensed practitioner, or permitting or allowing another unlicensed person to use a license. (h) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee. (i) Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof. (j) Using excessive force upon or mistreating or abusing any client. For the purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances. (k) Falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in a client or hospital record or any other record. (l) Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual client harm. (m) Failing to maintain confidentiality of client medical information, except as disclosure is otherwise permitted or required by law. (n) Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee. (o) Committing any act that would be grounds for denial of a license under Section 480. (p) Except for good cause, the knowing failure to protect clients by failing to follow infection control guidelines of the board, thereby risking transmission of infectious diseases from licensee to client, from client to client, or from client to licensee. (1) In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary to encourage appropriate consistency in the implementation of this subdivision, the board shall consult with the Medical Board of California, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians. (2) The board shall seek to ensure that licensees are informed of their responsibility to minimize the risk of transmission of infectious diseases from health care provider to client, from client to client, and from client to health care provider, and are informed of the most recent scientifically recognized safeguards for minimizing the risks of transmission. (Amended by Stats. 2018, Ch. 490, Sec. 10. (AB 2221) Effective January 1, 2019.)
  14. 2570.29.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    Licensed persons under this chapter commit unprofessional conduct if they misuse certain substances, use them dangerously, are convicted of related offenses, are committed for intemperate use, or falsify related records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.29. In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) Obtain or possess in violation of law, or prescribe, or, except as directed by a licensed physician and surgeon, dentist, optometrist, or podiatrist, to administer to himself or herself, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022. (b) Use to an extent or in a manner dangerous or injurious to himself or herself, to any other person, or to the public, or that impairs his or her ability to conduct with safety to the public the practice authorized by his or her license, of any of the following: (1) A controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code. (2) A dangerous drug or dangerous device as defined in Section 4022. (3) Alcoholic beverages. (c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive evidence thereof. (d) Be committed or confined by a court of competent jurisdiction for intemperate use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement. (e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital or client record, or any other record, pertaining to the substances described in subdivision (a) of this section. (Amended by Stats. 2018, Ch. 490, Sec. 11. (AB 2221) Effective January 1, 2019.)
  15. 2570.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    A person may not practice or hold out as an occupational therapist, or work as an occupational therapy assistant, unless properly licensed. The board also limits supervision, advanced-practice qualifications, and education/training requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.3. (a) A person shall not practice occupational therapy or hold themselves out as an occupational therapist or as being able to practice occupational therapy, or to render occupational therapy services in this state unless the person is licensed as an occupational therapist under the provisions of this chapter. A person shall not hold themselves out as an occupational therapy assistant or work as an occupational therapy assistant under the supervision of an occupational therapist unless the person is licensed as an occupational therapy assistant under this chapter. (b) Only an individual may be licensed under this chapter. (c) This chapter does not authorize an occupational therapist to practice physical therapy, as defined in Section 2620; speech-language pathology or audiology, as defined in Section 2530.2; nursing, as defined in Section 2725; psychology, as defined in Section 2903; marriage and family therapy, as defined in Section 4980.02; clinical social work, as defined in Section 4996.9; professional clinical counseling, as defined in Section 4999.20; educational psychology, as defined in Section 4989.14; or spinal manipulation or other forms of healing, except as authorized by this section. (d) An occupational therapist may provide advanced practices if the occupational therapist has the knowledge, skill, and ability to do so and has demonstrated to the satisfaction of the board that the occupational therapist has met educational training and competency requirements. These advanced practices include the following: (1) Hand therapy. (2) The use of physical agent modalities. (3) Swallowing assessment, evaluation, or intervention. (e) An occupational therapist providing hand therapy services shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas: (1) Anatomy of the upper extremity and how it is altered by pathology. (2) Histology as it relates to tissue healing and the effects of immobilization and mobilization on connective tissue. (3) Muscle, sensory, vascular, and connective tissue physiology. (4) Kinesiology of the upper extremity, such as biomechanical principles of pulleys, intrinsic and extrinsic muscle function, internal forces of muscles, and the effects of external forces. (5) The effects of temperature and electrical currents on nerve and connective tissue. (6) Surgical procedures of the upper extremity and their postoperative course. (f) An occupational therapist using physical agent modalities shall demonstrate to the satisfaction of the board that the occupational therapist has completed education and training in all of the following areas: (1) Anatomy and physiology of muscle, sensory, vascular, and connective tissue in response to the application of physical agent modalities. (2) Principles of chemistry and physics related to the selected modality. (3) Physiological, neurophysiological, and electrophysiological changes that occur as a result of the application of a modality. (4) Guidelines for the preparation of the client, including education about the process and possible outcomes of treatment. (5) Safety rules and precautions related to the selected modality. (6) Methods for documenting immediate and long-term effects of treatment. (7) Characteristics of the equipment, including safe operation, adjustment, indications of malfunction, and care. (g) An occupational therapist in the process of achieving the education, training, and competency requirements established by the board for providing hand therapy or using physical agent modalities may practice these techniques under the supervision of an occupational therapist who has already met the requirements established by the board, a physical therapist, or a physician and surgeon. (h) The board shall develop and adopt regulations regarding the educational training and competency requirements for advanced practices in collaboration with the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the Board of Registered Nursing, and the Physical Therapy Board of California. (i) This chapter does not authorize an occupational therapist to seek reimbursement for services other than for the practice of occupational therapy as defined in this chapter. (j) “Supervision of an occupational therapy assistant” means that the responsible occupational therapist shall at all times be responsible for all occupational therapy services provided to the client. The occupational therapist who is responsible for appropriate supervision shall formulate and document in each client’s record, with the occupational therapist’s signature, the goals and plan for that client, and shall make sure that the occupational therapy assistant assigned to that client functions under appropriate supervision. As part of the responsible occupational therapist’s appropriate supervision, the occupational therapist shall conduct at least weekly review and inspection of all aspects of occupational therapy services by the occupational therapy assistant. (1) The supervising occupational therapist has the continuing responsibility to follow the progress of each client, provide direct care to the client, and to ensure that the occupational therapy assistant does not function autonomously. (2) An occupational therapist shall not supervise more occupational therapy assistants, at any one time, than can be appropriately supervised in the opinion of the board. Three occupational therapy assistants shall be the maximum number of occupational therapy assistants supervised by an occupational therapist at any one time, but the board may permit the supervision of a greater number by an occupational therapist if, in the opinion of the board, there would be adequate supervision and the public’s health and safety would be served. In no case shall the total number of occupational therapy assistants exceed three times the number of occupational therapists regularly employed by a facility at any one time. (Amended by Stats. 2023, Ch. 131, Sec. 4. (AB 1754) Effective January 1, 2024.)
  16. 2570.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    The board may keep jurisdiction over investigations and disciplinary proceedings and may decide to suspend or revoke a license even if the license has expired, lapsed, been suspended, or been voluntarily surrendered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.30. The board shall retain jurisdiction to proceed with any investigation, action or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the board or a court of law, or by the voluntary surrender of a license by the licensee. (Added by Stats. 2002, Ch. 1079, Sec. 9. Effective September 29, 2002.)
  17. 2570.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    A suspended occupational therapy license cannot be used to practice during the suspension term.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.31. If a license is suspended, the holder may not practice occupational therapy during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated and the holder entitled to resume practice under any remaining terms of the discipline, unless it is established to the satisfaction of the board that the holder of the license practiced in this state during the term of suspension. In this event, the board may, after a hearing on this issue alone, revoke the license. (Added by Stats. 2002, Ch. 1079, Sec. 10. Effective September 29, 2002.)
  18. 2570.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    A disciplined occupational therapy license holder may petition the board for reinstatement or penalty modification only after waiting the required minimum period, and the board may then grant, deny, or condition relief.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.32. (a) A holder of a license that has been revoked, suspended, or placed on probation, may petition the board for reinstatement or modification of a penalty, including reduction or termination of probation, after a period not less than the applicable following minimum period has elapsed from either the effective date of the decision ordering that disciplinary action, or, if the order of the board or any portion of it was stayed, from the date the disciplinary action was actually implemented in its entirety. The minimum periods that shall elapse prior to a petition are as follows: (1) For a license that was revoked for any reason other than mental or physical illness, at least three years. (2) For early termination of probation scheduled for three or more years, at least two years. (3) For modification of a penalty, reinstatement of a license revoked for mental or physical illness, or termination of probation scheduled for less than three years, at least one year. (4) The board may, in its discretion, specify in its disciplinary order a lesser period of time, provided that the period shall not be less than one year. (b) The petition submitted shall contain any information required by the board, which may include a current set of fingerprints accompanied by the fingerprinting fee. (c) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. (d) The board itself shall hear the petition and the administrative law judge shall prepare a written decision setting forth the reasons supporting the decision. (e) The board may grant or deny the petition, or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty. (f) The board may refuse to consider a petition while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or subject to an order of registration pursuant to Section 290 of the Penal Code. (g) No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (Added by Stats. 2002, Ch. 1079, Sec. 11. Effective September 29, 2002.)
  19. 2570.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

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    A licensee who knows an applicant or licensee may have violated board-administered statutes or regulations must report that information to the board in writing and cooperate with the board as needed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.36. If a licensee has knowledge that an applicant or licensee may be in violation of, or has violated, any of the statutes or regulations administered by the board, the licensee shall report this information to the board in writing and shall cooperate with the board in providing information or assistance as may be required. (Added by Stats. 2009, Ch. 308, Sec. 32. (SB 819) Effective January 1, 2010.)
  20. 2570.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    This section says the chapter does not block certain people from practicing or doing occupational therapy-related services, if they meet listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.4. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons: (a) Any person licensed or otherwise recognized in this state by any other law or regulation when that person is engaged in the profession or occupation for which he or she is licensed or otherwise recognized. (b) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee. (c) Any person fulfilling the supervised fieldwork experience requirements of subdivision (c) of Section 2570.6, if the experience constitutes a part of the experience necessary to meet the requirement of that provision. (d) Any person performing occupational therapy services in the state if all of the following apply: (1) An application for licensure as an occupational therapist or an occupational therapy assistant has been filed with the board pursuant to Section 2570.6 and an application for a license in this state has not been previously denied. (2) The person possesses a current, active, and nonrestricted license to practice occupational therapy under the laws of another state that the board determines has licensure requirements at least as stringent as the requirements of this chapter. (3) Occupational therapy services are performed in association with an occupational therapist licensed under this chapter, and for no more than 60 days from the date on which the application for licensure was filed with the board. (e) Any person employed as an aide subject to the supervision requirements of this section. (Amended by Stats. 2009, Ch. 307, Sec. 14. (SB 821) Effective January 1, 2010.)
  21. 2570.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    A limited permit may be granted to eligible applicants, and some applicants may practice under supervision while waiting for licensure exam results. If the exam is not passed during the initial eligibility period, the privileges end and cannot be renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.5. (a) A limited permit may be granted to any person who has completed the education and experience requirements of this chapter. (b) A person who meets the qualifications to be admitted to the examination for licensure under this chapter and is waiting to take the examination or awaiting the announcement of the results of the examination, according to the application requirements for a limited permit, may practice as an occupational therapist or as an occupational therapy assistant under the direction and appropriate supervision of an occupational therapist duly licensed under this chapter. If that person fails to pass the examination during the initial eligibility period, all privileges under this section shall automatically cease upon due notice to the applicant of that failure and may not be renewed. (c) A limited permit shall be subject to other requirements set forth in rules adopted by the board. (Amended by Stats. 2009, Ch. 308, Sec. 28.5. (SB 819) Effective January 1, 2010.)
  22. 2570.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    Applicants for an occupational therapist or occupational therapy assistant license must file a board-provided written application and meet the listed eligibility, education, fieldwork, and examination requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.6. An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file with the board a written application provided by the board, showing to the satisfaction of the board that he or she meets all of the following requirements: (a) That the applicant is in good standing and has not committed acts or crimes constituting grounds for denial of a license under Section 480. (b) (1) That the applicant has successfully completed the academic requirements of an educational program for occupational therapists or occupational therapy assistants that is approved by the board and accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE), or accredited or approved by the American Occupational Therapy Association’s (AOTA) predecessor organization, or approved by AOTA’s Career Mobility Program. (2) The curriculum of an educational program for occupational therapists shall contain the content required by the ACOTE accreditation standards, or as approved by AOTA’s predecessor organization, or as approved by AOTA’s Career Mobility Program. (c) (1) For an applicant who is a graduate of an occupational therapy or occupational therapy assistant educational program who is unable to provide evidence of having met the requirements of paragraph (2) of subdivision (b), he or she may demonstrate passage of the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American Occupational Therapy Association, as evidence of having successfully satisfied the requirements of paragraph (2) of subdivision (b). (2) For an applicant who completed AOTA’s Career Mobility Program, he or she shall demonstrate participation in the program and passage of the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American Occupational Therapy Association, as evidence of having successfully satisfied the requirements of paragraphs (1) and (2) of subdivision (b). (d) That the applicant has successfully completed a period of supervised fieldwork experience approved by the board and arranged by a recognized educational institution where he or she met the academic requirements of subdivision (b) or (c) or arranged by a nationally recognized professional association. The fieldwork requirements for applicants applying for licensure as an occupational therapist or certification as an occupational therapy assistant shall be consistent with the requirements of the ACOTE accreditation standards, or AOTA’s predecessor organization, or AOTA’s Career Mobility Program, that were in effect when the applicant completed his or her educational program. (e) That the applicant has passed an examination as provided in Section 2570.7. (f) That the applicant, at the time of application, is a person over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of licensure under Section 480. (Amended by Stats. 2018, Ch. 490, Sec. 3. (AB 2221) Effective January 1, 2019.)
  23. 2570.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    Applicants for occupational therapy licensure must pass the entry-level exam, and eligible applicants may apply for examination or reexamination under board rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.7. (a) An applicant who has satisfied the requirements of Section 2570.6 may apply for examination for licensure in a manner prescribed by the board. Subject to the provisions of this chapter, an applicant who fails an examination may apply for reexamination. (b) Each applicant for licensure shall successfully complete the entry level examination for occupational therapists or occupational therapy assistants, such as the examination administered by the National Board for Certification in Occupational Therapy, the American Occupational Therapy Certification Board, or the American Occupational Therapy Association. The examination shall be appropriately validated. Each applicant shall be examined by written examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods, and any other subjects that the board may require to determine the applicant’s fitness to practice under this chapter. (c) Applicants for licensure shall be examined at a time and place and under that supervision as the board may require. (Amended by Stats. 2018, Ch. 490, Sec. 4. (AB 2221) Effective January 1, 2019.)
  24. 2570.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    A person may rely on the board’s website licensure information when verifying a license under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.8. For the purposes of verifying a license issued under this chapter, a person may rely on the licensure information posted on the board’s Internet Web site, which includes the issuance and expiration dates of a license issued by the board. (Added by Stats. 2007, Ch. 588, Sec. 35. Effective January 1, 2008.)
  25. 2570.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    The board must issue a license to an applicant who meets chapter requirements, pays the required licensure or renewal fee, and satisfies any other applicable state-law requirement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2570.9. The board shall issue a license to any applicant who meets the requirements of this chapter, including the payment of the prescribed licensure or renewal fee, and who meets any other requirement in accordance with applicable state law. (Amended by Stats. 2009, Ch. 307, Sec. 18. (SB 821) Effective January 1, 2010.)
  26. 2571.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    Licensed occupational therapists approved for physical agent modalities may apply prescribed topical medications if they follow board regulations; they may not prescribe medications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2571. (a) An occupational therapist licensed pursuant to this chapter and approved by the board in the use of physical agent modalities may apply topical medications prescribed by the client’s physician and surgeon, certified nurse-midwife pursuant to Section 2746.51, nurse practitioner pursuant to Section 2836.1, or nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or physician assistant pursuant to Section 3502.1, if the licensee complies with regulations adopted by the board pursuant to this section. (b) The board shall adopt regulations implementing this section, after meeting and conferring with the Medical Board of California, the California State Board of Pharmacy, and the Physical Therapy Board of California, specifying those topical medications applicable to the practice of occupational therapy and protocols for their use. (c) This section does not authorize an occupational therapist to prescribe medications. (Amended by Stats. 2022, Ch. 413, Sec. 3. (AB 2684) Effective January 1, 2023.)
  27. 2572.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. )

    Verify source ↗

    An occupational therapy corporation may practice occupational therapy if it and its related persons comply with the applicable professional corporation and other laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.6. Occupational Therapy [2570 - 2572] ( Chapter 5.6 repealed and added by Stats. 2000, Ch. 697, Sec. 3. ) ## 2572. An occupational therapy corporation is a corporation that is authorized to render professional services, as defined in Sections 13401 and 13401.5 of the Corporations Code, if that corporation, its shareholders, officers, directors, and employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this chapter, and other statutes, rules, and regulations applicable to an occupational therapy corporation and the conduct of its affairs. Subject to all applicable statutes, rules, and regulations, an occupational therapy corporation is entitled to practice occupational therapy. With respect to an occupational therapy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California Board of Occupational Therapy. (Added by Stats. 2022, Ch. 290, Sec. 5. (AB 2671) Effective January 1, 2023.)
  28. 25750.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department must make reasonable rules needed to carry out this section and related duties, as long as the rules are consistent with state law.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25750. (a) The department shall make and prescribe those reasonable rules as may be necessary or proper to carry out the purposes and intent of Section 22 of Article XX of the California Constitution and to enable it to exercise the powers and perform the duties conferred upon it by that section or by this division, not inconsistent with any statute of this state, including particularly this division and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any regulation which excludes nude persons from licensed premises shall not apply to a nude person at licensed premises located at a nudist resort or nudist campground which was in existence prior to January 1, 1977, and whose operation is in conformance with local land use regulations. (c) Subdivision (b) is applicable only in a county where the board of supervisors of the county in which the licensed premises is located adopts an ordinance or resolution making subdivision (b) applicable in that county, and the sheriff of that county certifies that no extraordinary police problem would be created thereby. (Amended by Stats. 1987, Ch. 636, Sec. 1.)
  29. 25750.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may allow licensees to use an expanded temporary catering area, but it cannot issue new authorizations on or after January 1, 2027, and the section ends on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, within the control of the licensee. (b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives. (c) The department shall not issue any new COVID-19 Temporary Catering Authorizations on or after January 1, 2027. (d) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended (as amended by Stats. 2023, Ch. 569, Sec. 1) by Stats. 2025, Ch. 469, Sec. 1. (AB 592) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  30. 25751.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department has power, when performing its duties, to use the powers given by Government Code Sections 11180 to 11191.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25751. For the performance of its duties the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code. (Amended by Stats. 1955, Ch. 1842.)
  31. 25752.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    A licensee may not manufacture, import, sell, or distribute alcoholic beverages other than wine in California unless required records are kept at the licensed premises.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25752. No licensee may manufacture, import, sell or distribute alcoholic beverages, except wine, in the State of California unless he keeps records at his licensed premises of such manufacture, importation, sale or distribution of alcoholic beverages manufactured, imported, sold or distributed by the licensee in this State. Such records shall include all expenditures incurred by the licensee in the manufacture, importation, sale or distribution of alcoholic beverages, except wine, in this State. Provided, however, that any licensee licensed at more than one premises may keep all said records at one of his licensed premises. Records herein required to be kept shall be kept for a period of three years from the date of the transaction. (Amended by Stats. 1959, Ch. 1357.)
  32. 25753.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may examine books and records and may visit and inspect a licensee’s premises when it considers that necessary to carry out its duties under this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25753. The department may make any examination of the books and records of any licensee or other person and may visit and inspect the premises of any licensee it may deem necessary to perform its duties under this division. (Amended by Stats. 1955, Ch. 1842.)
  33. 25754.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The director and certain department employees may administer and certify oaths for administering and enforcing this division.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25754. The director and the persons employed by the department for the administration and enforcement of the provisions of this division may administer and certify oaths in the administration and enforcement of this division. (Amended by Stats. 1955, Ch. 447.)
  34. 25755.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The director and certain department personnel are peace officers for enforcement purposes, may inspect licensee premises in specified situations, and some narcotics team agents must complete approved training by June 1, 1995.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25755. (a) The director and the persons employed by the department for the administration and enforcement of this division are peace officers in the enforcement of the penal provisions of this division, the rules of the department adopted under the provisions of this division, and any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors, and these persons are authorized, while acting as peace officers, to enforce any penal provisions of law while in the course of their employment. (b) The director, the persons employed by the department for the administration and enforcement of this division, peace officers listed in Section 830.1 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may, in enforcing the provisions of this division, visit and inspect the premises of any licensee at any time during which the licensee is exercising the privileges authorized by his or her license on the premises. (c) Peace officers of the Department of the California Highway Patrol, members of the University of California and California State University police departments, and peace officers of the Department of Parks and Recreation, as defined in subdivisions (a), (b), (c), and (f) of Section 830.2 of the Penal Code, may, in enforcing this division, visit and inspect the premises of any licensee located on state property at any time during which the licensee is exercising the privileges authorized by his or her license on the premises. (d) Any agents assigned to the Drug Enforcement Narcotics Team by the director shall have successfully completed a four-week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training. In addition, all other agents of the department shall successfully complete the four-week course on narcotics enforcement approved by the Commission on Peace Officer Standards and Training by June 1, 1995. (Amended by Stats. 1996, Ch. 305, Sec. 3. Effective January 1, 1997.)
  35. 25757.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may authorize its executive officers to join or subscribe to certain national associations or services related to liquor regulation information.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25757. The department may authorize any of its executive officers to join or subscribe to any national association or service having as its purpose the gathering and supply of information relative to the technique of liquor regulation, control, or administration. (Amended by Stats. 1955, Ch. 447.)
  36. 25758.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may use available money to pay witness fees and necessary expenses in certain alcohol-related criminal cases when the court does not pay from county funds.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25758. When a person attends as a witness in any criminal case in which a person is charged with a violation of any penal provisions of the law prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of an alcoholic beverage or intoxicating liquor, and the court in the exercise of its discretion does not authorize the payment of the witness from county funds under Section 1329 of the Penal Code, the department may expend any money available to it to pay him witness fees at the rate of three dollars ($3) for each day’s actual attendance and a reasonable sum for the necessary expenses of the witness, or, in the case of a witness attending from outside the State, to pay the witness the sum of ten cents ($0.10) for each mile and five dollars ($5) for each day that he is required to travel and attend as a witness. (Amended by Stats. 1955, Ch. 447.)
  37. 25758.5.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The department may pay certain witness expenses in a hearing.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25758.5. In any hearing before the department pursuant to Section 24300, the department may pay any person appearing as a witness at the hearing at the request of the department pursuant to a subpoena, his or her actual, necessary, and reasonable travel, food, and lodging expenses, not to exceed the amount authorized for state employees. (Added by Stats. 1997, Ch. 774, Sec. 5. Effective January 1, 1998.)
  38. 25759.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    License fees required by a specified date are treated as paid when filed with or paid to the department or other proper official, or when mailed, on the postmark date.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25759. When license fees are required to be paid on or by specified dates, they shall be deemed to have been paid at the time they are filed with or paid to the department or other proper official or, if sent by mail, on the date shown by the United States postmark on the envelope containing the payment. (Amended by Stats. 1963, Ch. 1040.)
  39. 25760.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    The director or an authorized employee may sign and give required notice, and notice may be made personally or by mail.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25760. Notice of any act of the department required by this division to be given may be signed and given by the director or an authorized employee of the department and may be made personally or by mail. If made by mail, service shall be made in the manner prescribed by Section 1013 of the Code of Civil Procedure. In case of service by mail, the service is complete at the time of deposit in the United States Post Office. (Amended by Stats. 1955, Ch. 1842.)
  40. 25761.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Fees and certain tax-related receipts must be paid into the Alcohol Beverage Control Fund, and the fund’s money must then be used only for the specified refunds, transfers, allocations, and program support.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25761. All money collected as fees pursuant to this division, as payments under Section 23096, and under the excise tax provisions of this division or Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code shall be deposited in the State Treasury to the credit of the Alcohol Beverage Control Fund, which fund is continued in existence. The money in the Alcohol Beverage Control Fund shall be expended as follows: (a) The amount necessary for the allowance of the refunds provided for in this division or Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code is hereby appropriated, without regard to fiscal years, to the Controller for payment of these refunds. (b) All money derived as payment under Section 23096 and from excise taxes under Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code remaining after compliance with subdivision (a) shall be transferred to the General Fund on the order of the Controller. (c) All original license fees paid on or after July 1, 1998, shall remain in the Alcohol Beverage Control Fund. (d) All other money collected as fees and deposited in the Alcohol Beverage Control Fund shall be allocated, upon appropriation by the Legislature, to the Department of Alcoholic Beverage Control for the enforcement and administration of the Alcoholic Beverage Control Act. (e) Money transferred to the General Fund pursuant to subdivision (b) shall be in lieu of any assessment that would be made on the Department of Alcoholic Beverage Control pursuant to Section 11270 and following of the Government Code. (f) Upon appropriation by the Legislature, the amount necessary for the support of the Department of Alcoholic Beverage Control’s grant assistance program. This amount shall be sufficient to cover the salaries and benefits of the alcohol beverage control peace officer positions dedicated to this program. However, based on the available revenue in the Alcohol Beverage Control Fund, the amount shall not be less than one million five hundred thousand dollars ($1,500,000) and not more than three million dollars ($3,000,000). (Amended by Stats. 2019, Ch. 29, Sec. 73. (SB 82) Effective June 27, 2019.)
  41. 25762.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. )

    Verify source ↗

    Certain alcohol-law fines and bail forfeitures must be paid to, or deposited with, the county treasurer, depending on the case type and stage.

    ## Business and Professions Code - BPC ## DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152. ) ## CHAPTER 17. Administrative Provisions [25750 - 25762] ( Chapter 17 added by Stats. 1953, Ch. 152. ) ## 25762. (a) All fines and forfeitures of bail imposed for a violation of this division and collected in any felony case after the indictment or the legal commitment by a magistrate, or at or after the sentencing hearing, shall be paid to the county treasurer of the county in which the court is held. (b) All fines and forfeitures of bail imposed for violation of this division and collected upon conviction or upon forfeiture of bail, together with money deposited as bail, in any misdemeanor or infraction case, or in any felony case at the preliminary hearing or at another proceeding before the legal commitment by a magistrate, shall be deposited with the county treasurer of the county in which the court is situated and the money deposited shall be distributed and disposed of pursuant to Section 1463 of the Penal Code. (c) For purposes of this section, a case in which both a felony and a misdemeanor were charged shall be treated as a felony case. (Amended by Stats. 2012, Ch. 470, Sec. 1. (AB 1529) Effective January 1, 2013.)
  42. 2585.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    People who call themselves a registered dietitian or a dietetic technician, registered must meet the listed qualification requirements; unqualified use of those titles is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2585. (a) Any person representing himself or herself as a registered dietitian shall meet one of the following qualifications: (1) Been granted, prior to January 1, 1981, the right to use the term “registered dietitian” by a public or private agency or institution recognized by the State Department of Public Health as qualified to grant the title, provided that person continues to meet all requirements and qualifications periodically prescribed by the agency or institution for the maintenance of that title. (2) Possess all of the following qualifications: (A) Be 18 years of age or older. (B) Satisfactory completion of appropriate academic requirements for the field of dietetics and related disciplines and receipt of a baccalaureate or higher degree from a college or university accredited by the Western Association of Schools and Colleges or other regional accreditation agency. (C) Satisfactory completion of a program of supervised practice for a minimum of 900 hours that is designed to prepare entry level practitioners through instruction and assignments in a clinical setting. Supervisors of the program shall meet minimum qualifications established by public or private agencies or institutions recognized by the State Department of Public Health to establish those qualifications. (D) Satisfactory completion of an examination administered by a public or private agency or institution recognized by the State Department of Public Health as qualified to administer the examinations. (E) Satisfactory completion of continuing education requirements established by a public or private agency or institution recognized by the State Department of Public Health to establish the requirements. (b) Any person representing himself or herself as a dietetic technician, registered shall possess all of the following qualifications: (1) Be 18 years of age or older. (2) Satisfactory completion of either of the following: (A) Appropriate academic requirements for dietetic technicians, registered, receipt of an associate’s degree or higher from a college or university accredited by the Western Association of Schools and Colleges or other regional accreditation agency, and at least 450 hours of supervised practice experience. Supervisors of practice experiences shall meet the minimum qualifications established by public or private agencies or institutions recognized by the State Department of Public Health to establish the qualifications. (B) Appropriate academic requirements for the field of dietetics and related disciplines and receipt of a baccalaureate or higher degree from a college or university accredited by the Western Association of Schools and Colleges or other regional accreditation agency. (3) Satisfactory completion of an examination administered by a public or private agency or institution recognized by the State Department of Public Health to administer the examination. (4) Satisfactory completion of continuing education requirements established by a public or private agency or institution recognized by the State Department of Public Health to establish the requirements. (c) It is a misdemeanor for any person not meeting the criteria of subdivision (a) or (b) to use, in connection with his or her name or place of business, the words “dietetic technician, registered,” “dietitian,” “dietician,” “registered dietitian,” “registered dietician,” “registered dietitian nutritionist,” or the letters “RD,” “RDN,” “DTR,” or any other words, letters, abbreviations, or insignia indicating or implying that the person is a dietitian, dietetic technician, registered, registered dietitian, or registered dietitian nutritionist or to represent, in any way, orally, in writing, in print or by sign, directly or by implication, that he or she is a dietitian, a dietetic technician, registered, a registered dietitian, or a registered dietitian nutritionist. (d) Any person employed by a licensed health care facility as a registered dietitian on the effective date of this chapter may continue to represent himself or herself as a registered dietitian while employed by a licensed health care facility, if he or she has satisfied the requirements of either paragraph (1) or paragraph (2) of subdivision (a), except that he or she shall not be required to satisfy the examination requirement of subparagraph (B) of paragraph (2) of subdivision (a). (e) Notwithstanding any other law or regulation that limits reimbursement to state licensed health care providers and upon referral by a physician and surgeon, the following persons may be reimbursed for the nutritional advice or advice concerning proper nutrition as set forth in Section 2068, or for the nutritional assessments, counseling, and treatments as set forth in Section 2586: (1) Registered dietitians. (2) Other nutritional professionals with a master’s or higher degree in a field covering clinical nutrition sciences, from a college or university accredited by a regional accreditation agency, who are deemed qualified to provide these services by the referring physician and surgeon. (f) Nothing in this section shall be construed to mandate direct reimbursement of registered dietitians, or other nutrition professionals described in subdivision (e), as a separate provider type under the Medi-Cal program, nor to mandate reimbursement where expressly prohibited by federal law or regulation. (Amended by Stats. 2014, Ch. 622, Sec. 1. (SB 993) Effective January 1, 2015.)
  43. 2586.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    Registered dietitians and certain qualified nutritional professionals may provide medical nutrition therapy, but must follow referral, documentation, collaboration, supervision, and laboratory-test rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2586. (a) (1) Notwithstanding any other law, a registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585 may, upon referral by a health care provider authorized to prescribe dietary treatments, provide nutritional and dietary counseling, conduct nutritional and dietary assessments, and develop and recommend nutritional and dietary treatments, including therapeutic diets, for individuals or groups of patients in licensed institutional facilities or in private office settings. The referral for medical nutrition therapy shall be accompanied by a written prescription signed by the health care provider detailing the patient’s diagnosis and including either a statement of the desired objective of dietary treatment or a diet order. The registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, may perform nutritional assessments and initiate nutritional interventions within the parameters of the prescribed diet order pursuant to a licensed health care facility’s approved nutrition screening policy and procedure. The registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, shall collaborate with a multidisciplinary team, which shall include the treating physician and the registered nurse, in developing the patient’s nutrition care plan. Unless otherwise stated in the diet order by a patient’s provider, the registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, may individualize the patient’s nutritional or dietary treatment when necessary, by modifying the distribution, type, or quantity of food and nutrients within the parameters of the diet order. Any modification, and the rationale for the modification, shall be documented in the patient’s record for review by the practitioner, or other licensed health care professional, who is legally authorized to prescribe and is responsible for the care of the patient. Nothing in this subdivision shall be construed to authorize a registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, to order or administer a central vein or peripheral vein nutrition. (2) The services described in this subdivision may be termed “medical nutrition therapy.” (b) A registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, may accept or transmit verbal orders or electronically transmitted orders for medical nutrition therapy from the referring physician or the physician responsible for the care of the patient in a licensed health care facility. (c) A registered dietitian, or other nutritional professional meeting the qualifications set forth in subdivision (e) of Section 2585, may order medical laboratory tests related to medical nutrition therapy services when approved by the referring physician or the physician responsible for the care of the patient and when, in the absence of the referring physician or physician responsible for the care of the patient at a patient visit, in a clinic where there is a registered nurse on duty, a registered nurse is notified that a medical laboratory test is being ordered and is afforded an opportunity to assess the patient. (d) (1) Notwithstanding any other law, a dietetic technician, registered meeting the qualifications set forth in Section 2585 may, under the direct supervision of a registered dietitian, assist in the implementation or monitoring of services specified in subdivision (a), but shall not develop nutritional or dietary therapy or treatments or accept or transmit verbal orders. (2) (A) For purposes of this subdivision, “direct supervision” means the supervising registered dietitian shall be physically available to the dietetic technician, registered for consultation whenever consultation is required. However, in the case of a small or rural hospital, as defined in Section 124840 of the Health and Safety Code, the registered dietitian may be available for consultation by telephone or other electronic means, provided that the registered dietitian is physically on the facility site a sufficient amount of time to provide adequate supervision over and review of the work of the dietetic technician, registered. (B) For purposes of this subdivision, “physically available” means physical onsite presence during regular business hours, and includes telephonic or electronic availability at all times and the ability to respond to the facility within a reasonable period of time when required. The registered dietitian shall review any activities performed by the dietetic technician, registered during any period when the registered dietitian was not physically onsite. (3) For purposes of this subdivision, a registered dietitian shall not supervise more than two dietetic technicians, registered at one time. (e) It is a misdemeanor for a person specified in subdivision (e) of Section 2585 to practice in a manner inconsistent with the requirements set forth in this section. (f) Nothing in this section shall preclude a person specified in subdivision (b) or (e) of Section 2585 from providing information as permitted by Section 2068. (g) For purposes of this section, “health care provider” means any person licensed or certified pursuant to this division, or licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. (h) The requirement of a written prescription shall be deemed to be satisfied by an entry in the patient records of a patient who is undergoing treatment at a licensed health care facility if the contents of the patient records reflect the information required by this section. (i) Nothing in this section or Section 2585 shall be interpreted to establish educational criteria or practice restrictions or limitations for other health care providers licensed under Division 2 (commencing with Section 500) or the Osteopathic Initiative Act or the Chiropractic Initiative Act. (Amended by Stats. 2014, Ch. 622, Sec. 2. (SB 993) Effective January 1, 2015.)
  44. 2586.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    A person may do the activities listed in Section 2586(a) if they are in a supervised practice program for a registered dietitian and have enrolled in or completed the required education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2586.2. A person may engage in the activities set forth in subdivision (a) of Section 2586 if the person meets both of the following requirements: (a) The person is engaged in the activities as part of a supervised practice program for a registered dietitian pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 2585. (b) The person is enrolled in or has completed a course of study to fulfill the educational requirements for a registered dietitian in subparagraph (B) of paragraph (2) of subdivision (a) of Section 2585. (Added by Stats. 2003, Ch. 69, Sec. 1. Effective January 1, 2004.)
  45. 2586.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    A person may do the activities listed in Section 2586(d) only if the person is in a supervised practice program for a dietetic technician and has completed the required course of study.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2586.4. A person may engage in the activities set forth in subdivision (d) of Section 2586 if the person meets both of the following requirements: (a) The person is engaged in the activities as part of a supervised practice program for a dietetic technician, registered pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 2585. (b) The person has completed a course of study to fulfill the educational requirements for a dietetic technician, registered in subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 2585. (Amended by Stats. 2014, Ch. 622, Sec. 3. (SB 993) Effective January 1, 2015.)
  46. 2586.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    A person may do the listed dietetics activities for up to six months after finishing a supervised practice program, or until notice of a failed exam, if the stated supervision, program, verification, and exam-application conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2586.6. A person may engage in the activities set forth in subdivision (a) of Section 2586 for six months from the date that he or she completed a supervised practice program, or until the person receives notice that he or she failed the examination specified in subdivision (d), whichever occurs first, if all of the following conditions apply: (a) The person performs under the direct and immediate supervision of a registered dietitian. (b) The person has completed the supervised practice program requirements under subdivision (a) of Section 2585. (c) The person has written verification, including the program director’s original signature, that the person has completed the required supervised practice program. (d) The person has applied to take the registered dietitian examination specified in subparagraph (D) of paragraph (2) of subdivision (a) of Section 2585 and is waiting for an examination date. (Added by Stats. 2003, Ch. 69, Sec. 3. Effective January 1, 2004.)
  47. 2586.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. )

    Verify source ↗

    A person may do the Section 2586(d) activities for up to six months after completing the specified academic requirements, or until notice of failing the exam, if supervised by a registered dietitian and the listed verification and exam-application conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.65. Dietitians [2585 - 2586.8] ( Chapter 5.65 added by Stats. 1982, Ch. 501, Sec. 1. ) ## 2586.8. A person may engage in the activities set forth in subdivision (d) of Section 2586 for six months from the date he or she completed the academic requirements for dietetic technicians specified in subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 2585, or until the person receives notice that he or she has failed the examination specified in subdivision (c), whichever occurs first, if all of the following conditions apply: (a) The person performs under the direct and immediate supervision of a registered dietitian. (b) The person has written verification, including the program director’s original signature, that the person has completed the educational program and possesses an associate’s degree or higher. (c) The person has applied to take the dietetic technician, registered examination specified in paragraph (3) of subdivision (b) of Section 2585 and is waiting for an examination date. (Amended by Stats. 2014, Ch. 622, Sec. 4. (SB 993) Effective January 1, 2015.)
  48. 2590.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    This section defines perfusion and perfusion services, sets qualification rules for using the title “perfusionist,” and makes violations a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2590. (a) For purposes of this section, “perfusion” means those functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular system, circulatory system with or without the oxygenation circuit, or any combination of those activities, and to ensure the safe management of physiologic functions by monitoring the necessary parameters of those systems pursuant to an order and under the supervision of a licensed physician and surgeon. (b) Perfusion services include, but are not limited to, all of the following: (1) The use of extracorporeal circulation, cardiopulmonary support techniques, and other ancillary therapeutic and diagnostic technologies. “Extracorporeal circulation,” as used in this section, means the diversion of a patient’s blood through a heart-lung machine or a similar device that assumes the functions of the patient’s heart, lungs, or both. (2) Counterpulsation, ventricular assistance, autotransfusion, including blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion. (3) The use of techniques involving blood management, advanced life support, and other related functions. (c) Perfusion services also include, but only during the performance of functions described in subdivision (b), the following: (1) The administration of pharmacological and therapeutic agents, blood products, or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician and surgeon. (2) The performance and use of anticoagulation analysis, physiologic monitoring, blood gas and chemistry analysis, hematocrit analysis, hypothermia, hyperthermia, hemoconcentration, and hemodilution. Nothing in this paragraph shall exempt perfusionists from the requirements of Chapter 3 (commencing with Section 1200), including, but not limited to, quality assurance and equipment maintenance requirements. (3) The observation of signs and symptoms related to perfusion services. (4) Making a determination whether the signs and symptoms related to perfusion services exhibit abnormal characteristics. (5) Implementation, based on observed abnormalities, of appropriate reporting, or perfusion protocols, or changes in treatment regimen, pursuant to an order by a physician and surgeon, or the initiation of emergency procedures. “Perfusion protocols” as used in this section means perfusion-related policies and protocols developed or approved by a licensed health facility or a physician and surgeon through collaboration with administrators and health professionals, including perfusionists. (d) Commencing January 1, 1993, no person shall hold himself or herself out as a perfusionist, unless at the time of doing so the person meets the educational and examination requirements specified in subdivisions (e) and (f). (e) Except as provided in subdivision (f), persons holding themselves out as perfusionists shall be graduates of a training program described in Section 2592 and produce satisfactory evidence of successful completion of the entire examination of the American Board of Cardiovascular Perfusion, or its successor agency, or the equivalent thereof if an equivalent is determined to be necessary by the Division of Licensing of the Medical Board of California. (f) Any person may be deemed to have completed the equivalent of the examination and education requirements if that person is currently certified by the American Board of Cardiovascular Perfusion, or if, as of January 1, 1993, the person has practiced as a perfusionist and has annually performed a minimum of 40 cases of cardiopulmonary bypass during cardiac surgery in a licensed health facility and has done so for at least five years since January 1, 1987. For the purposes of this subdivision, “licensed health facility” means a health facility licensed in any jurisdiction within the United States. (g) In order to continue to use the title of “perfusionist,” the person shall complete the continuing education requirements of, or maintain active certification by, the American Board of Cardiovascular Perfusion, or its successor agency, or the equivalent if an equivalent is determined to be necessary by the Division of Licensing of the Medical Board of California. (h) Any person who violates this section is guilty of a misdemeanor. (Amended by Stats. 1997, Ch. 677, Sec. 1. Effective January 1, 1998.)
  49. 2591.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    After an approved perfusion training program, a person may identify only as a “graduate perfusionist” until notice of passing the named examination, and that title may be used for no more than three years from training completion.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2591. (a) After completion of an approved perfusion training program, as defined in Section 2592, and until notification of passage of the entire examination of the American Board of Cardiovascular Perfusion, or its successor agency, that person shall identify himself or herself only as a “graduate perfusionist.” (b) The use of the title “graduate perfusionist” is valid for no more than three years from the date of completion of an approved perfusion training program. (Amended by Stats. 1997, Ch. 677, Sec. 2. Effective January 1, 1998.)
  50. 2592.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    People calling themselves perfusionists must be graduates of an approved perfusion training program, unless Section 2590 says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2592. (a) Except as otherwise provided in Section 2590, all persons calling themselves perfusionists shall be graduates of an approved perfusion training program. (b) For purposes of this article, an “approved perfusion training program” means a training program in perfusion reviewed by the Accreditation Committee on Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs or its successor or the equivalent training program if an equivalent is determined to be necessary by the Division of Licensing of the Medical Board of California. (Amended by Stats. 1997, Ch. 677, Sec. 3. Effective January 1, 1998.)
  51. 2593.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    A student in an approved perfusion training program may perform perfusion during clinical training if the service is part of the course of study. The student must be identified as a student perfusionist or perfusion intern and, during clinical training, must be directly supervised by a qualified perfusionist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2593. (a) During the period of any clinical training provided by an approved perfusion training program, perfusion may be performed by a student enrolled in the approved perfusion training program when those services are part of his or her course of study. (b) A person enrolled as a student in an approved perfusion training program shall be identified as a “student perfusionist” or as a “perfusion intern.” (c) During the period of any clinical training, a student perfusionist or perfusion intern shall be under the direct supervision of a perfusionist who has met all the requirements of this chapter. For purposes of this section, “direct supervision” means assigned to a perfusionist who is on duty and immediately available in the assigned patient care area. (Added by Stats. 1992, Ch. 343, Sec. 2. Effective January 1, 1993)
  52. 2595.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    Other licensed or authorized persons may perform perfusion services if they stay within their own scope of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2595. Nothing in this chapter shall limit, preclude, or otherwise interfere with the practices of other persons licensed or otherwise authorized to practice under this division in performing perfusion services consistent with the laws governing their respective scopes of practice. None of the activities described in subdivisions (b) and (c) of Section 2590, including, but not limited to, extracorporeal life support, shall be construed to be exclusively perfusion services, but may be performed by other licensed persons when consistent with their respective scopes of practice. (Added by Stats. 1992, Ch. 343, Sec. 2. Effective January 1, 1993)
  53. 2596.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. )

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    The Legislature says the Division of Licensing of the Medical Board of California may adopt perfusionist examination, continuing education, and training standards, if existing standards later prove inadequate after at least a three-year trial period and with appropriate consultation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.67. Perfusionists [2590 - 2596] ( Chapter 5.67 added by Stats. 1992, Ch. 343, Sec. 2. ) ## 2596. It is the intent of the Legislature that authority be reserved to the Division of Licensing of the Medical Board of California to adopt examination, continuing education, and training standards for perfusionists, with appropriate consultation, in the event that existing standards of the American Board of Cardiovascular Perfusion or the Accreditation Committee on Perfusion Education of the Committee on Allied Health Education and Accreditation of the American Medical Association prove inadequate after an appropriate trial period of at least three years. (Amended by Stats. 1993, Ch. 1267, Sec. 47. Effective January 1, 1994.)
  54. 26.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Authorized state bodies must adopt building standards under the State Building Standards Law, unless this code expressly excepts certain Health and Safety Code provisions.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 26. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.)
  55. 2600.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    This chapter may be cited as the Physical Therapy Practice Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2600. This chapter may be cited as the Physical Therapy Practice Act. (Repealed and added by Stats. 1968, Ch. 1284.)
  56. 26000.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section names the division, says it may be cited by a specified act name, and states that state agencies have power and duties to regulate the commercial medicinal and adult-use cannabis industry.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26000. (a) This division shall be known, and may be cited, as the Medicinal and Adult-Use Cannabis Regulation and Safety Act. (b) The purpose and intent of this division is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following: (1) Medicinal cannabis and medicinal cannabis products for patients with valid physician’s recommendations. (2) Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over and cannabis products intended for use on, or consumption by, animals. (c) In the furtherance of subdivision (b), this division sets forth the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry. (d) The Legislature may, by majority vote, enact laws to implement this division, provided those laws are consistent with the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. (Amended by Stats. 2022, Ch. 389, Sec. 3. (AB 1885) Effective January 1, 2023. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  57. 26000.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Until January 1, 2028, licensed manufacturers may use only cannabinoid concentrates and extracts made exclusively from cannabis obtained from a licensed cannabis cultivator, and licensees may not handle industrial hemp on licensed premises except that a licensed testing laboratory may test it.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26000.5. Until January 1, 2028, both of the following shall apply: (a) A licensed manufacturer shall only use cannabinoid concentrates and extracts that are manufactured or processed exclusively from cannabis obtained from a licensed cannabis cultivator. (b) A licensee shall not possess, transport, distribute, manufacture, or sell industrial hemp on or from a licensed premises, except that a licensed testing laboratory may test industrial hemp. (Added by Stats. 2025, Ch. 248, Sec. 2. (AB 8) Effective January 1, 2026.)
  58. 26001.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section defines many cannabis-law terms used in Division 10.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26001. For purposes of this division, the following definitions apply: (a) “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals. (b) “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals. (c) “Animal” does not include a food animal as defined in Section 4825.1 or livestock as defined in Section 14205 of the Food and Agricultural Code. (d) “Applicant” means an owner applying for a state license pursuant to this division. (e) “Batch” means a specific quantity of homogeneous cannabis, industrial hemp, or cannabis product that is one of the following types: (1) “Harvest batch” means a specifically identified quantity of dried flower or trim, leaves, and other plant matter from either cannabis or industrial hemp that is harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals. (2) “Manufactured cannabis batch” means either of the following: (A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures. (B) An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures. (f) “Cannabinoid” means a chemical compound found in cannabis and industrial hemp that binds to or otherwise activates cannabinoid receptors in humans and animals. “Cannabinoid” includes, but is not limited to, tetrahydrocannabinol (THC) and cannabidiol (CBD). (g) “Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code. (h) “Cannabis accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code. (i) “Cannabis beverage” means a form of edible cannabis product that is intended to be consumed in its final state as a beverage. (j) “Cannabis concentrate” has the same meaning as in Section 11006.5 of the Health and Safety Code. (k) “Cannabis event organizer” means a person authorized to plan and organize temporary cannabis events as authorized in Section 26200. (l) “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. (m) “CBD isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabidiol (CAS number 13956-29-1), with a purity level greater than 99 percent and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid. (n) “CBN isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabinol (CAS number 521-35-7), with a purity level greater than 99 percent, and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid. (o) “Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly. (p) “Combined activities license” means a state license that authorizes two or more commercial cannabis activities at the same premises, with the exception of laboratory testing. A combined activities license shall conform with all requirements imposed by this division to the extent the licensee engages in those activities. (q) “Commercial cannabis activity” includes the cultivation of cannabis or the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events. (r) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (s) “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. (t) “Customer” means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physician’s recommendation, or a primary caregiver. (u) “Daycare center” has the same meaning as in Section 1596.76 of the Health and Safety Code. (v) “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform. (w) “Department” means the Department of Cannabis Control within the Business and Consumer Services Agency. (x) “Director” means the Director of the Department of Cannabis Control. (y) “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees. (z) “Distributor” means a licensee that is authorized to engage in the distribution of cannabis, industrial hemp, and cannabis products. (aa) “Dried flower” means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems. (ab) “Edible cannabis product” means a cannabis product that is intended to be used, in whole or in part, for human or animal consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, a processed pet food, as defined by Section 113025 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. (ac) “Fund” means the Cannabis Control Fund established pursuant to Section 26210. (ad) “Industrial hemp” has the same meaning as in Section 11018.5 of the Health and Safety Code. (ae) “Kind” means applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation. (af) “Labeling” means any label or other written, printed, or graphic matter upon a cannabis or cannabis product, upon its container or wrapper, or that accompanies any cannabis or cannabis product. (ag) “Labor peace agreement” means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicant’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization. (ah) “License” means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license. (ai) “Licensed market” means the California licensed market for cannabis, industrial hemp, and cannabis products that is subject to regulation by this division. (aj) “Licensee” means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license. (ak) “Licensing authority” means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee. (al) “Live plants” means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants. (am) “Local jurisdiction” means a city, county, or city and county. (an) “Lot” means a batch or a specifically identified portion of a batch. (ao) “M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis. (ap) “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis. (aq) “Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product. (ar) “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. (as) “Microbusiness” means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. (at) “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. (au) “Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products. (av) “Owner” means any of the following: (1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. (2) The chief executive officer of a nonprofit or other entity. (3) A member of the board of directors of a nonprofit. (4) An individual who will be participating in the direction, control, or management of the person applying for a license. (aw) “Package” means any container or receptacle used for holding cannabis or cannabis products. (ax) “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. (ay) “Physician’s recommendation” means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. (az) “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. (ba) “Primary caregiver” has the same meaning as in Section 11362.7 of the Health and Safety Code. (bb) “Processor” means a person authorized to engage in only trimming, drying, curing, grading, packaging, and labeling of cannabis and nonmanufactured cannabis products. (bc) “Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products. (bd) “Retailer” means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers. (be) “Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased. (bf) “Synthetic cannabinoid” means a cannabinoid or cannabinoid-like compound that is produced by using biosynthesis, bioconversion, or chemical synthesis, reaction, modification, conversion, or a similar process. This includes, but is not limited to, any form of tetrahydrocannabinol that was produced by the conversion of cannabidiol (CBD) (CAS number 13956-29-1), or any other chemical substance identified by the department in regulation. Synthetic cannabinoid does not include any of the following: (1) A cannabinoid produced by the decarboxylation of acidic phytocannabinoids without the use of chemical reagents or chemical catalysts. This includes, but is not limited to, the conversion of cannabidiolic acid (CBDA) into cannabidiol (CBD) without the use of chemical reagents or catalysts. (2) A cannabinoid that occurs naturally in the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis plant that was produced with the use of heat, light, or pressure from other phytocannabinoids, and without the use of any chemical reagents or catalysts. This includes, but is not limited to, the conversion of tetrahydrocannabinol into cannabinol (CBN) with the use of heat, light, or pressure, and without the use of any chemical reagents or catalysts. (3) Any other chemical substance identified by the department in regulation. (bg) “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state. (2) Licensed by the department. (bh) “Unique identifier” means an alphanumeric code or designation used in reference to a specific quantity of cannabis or cannabis products that is issued pursuant to the track and trace program established by the department. (bi) “Youth center” has the same meaning as in Section 11353.1 of the Health and Safety Code. (bj) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 7. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  59. 26002.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section excludes certain federally approved or federally registered products and activities from the division, but bars introducing unlicensed hemp-derived cannabis products into the licensed market.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 1. General Provisions and Definitions [26000 - 26002] ( Chapter 1 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26002. (a) This division does not apply to any product containing cannabinoids that has been approved by the federal Food and Drug Administration that has either been placed on a schedule of the federal Controlled Substances Act other than Schedule I or has been exempted from one or more provisions of that act, and that is intended for prescribed use for the treatment of a medical condition. (b) This division does not apply to activity performed pursuant to a registration with the United States Drug Enforcement Administration pursuant to Part 1318 (commencing with Section 1318.01) of Chapter 2 of Title 21 of the Code of Federal Regulations, as it read on January 19, 2021, provided that the person engaging in the activity provides the licensing authority valid documentation of their registration with the United States Drug Enforcement Administration and the location where the activity will be performed prior to engaging in the activity. (c) This division does not apply to products that are regulated pursuant to and meet the requirements of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code), including products that do not contain cannabinoids other than CBD isolate. (d) This division does not permit the introduction into the licensed market of cannabis concentrate or cannabis products derived in whole or in part from industrial hemp that have been manufactured without a cannabis manufacturing license, as required by this division. (e) Cannabis concentrates and cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a processed pet food, as defined by Section 113025 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 248, Sec. 4. (AB 8) Effective January 1, 2026.)
  60. 2601.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    This section defines key terms used in the physical therapy chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2601. For the purpose of this chapter, the following terms shall have the following meanings, unless otherwise specified: (a) “Board” means the Physical Therapy Board of California. (b) “Physical therapist” means a person who is licensed pursuant to this chapter to practice physical therapy. (c) “Physical therapist assistant” means a person who is licensed pursuant to this chapter to assist in the provision of physical therapy under the supervision of a licensed physical therapist. “Physical therapy assistant” and “physical therapist assistant” shall be deemed identical and interchangeable terms. (d) “Physical therapist technician” and “physical therapy aide,” as described in Section 2630.4, shall be deemed identical and interchangeable terms. (e) “Physiotherapy” shall be synonymous with “physical therapy.” (Repealed and added by Stats. 2013, Ch. 389, Sec. 4. (SB 198) Effective January 1, 2014.)
  61. 26010.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The Department of Cannabis Control is placed in the Business and Consumer Services Agency under a director, and the director must administer and enforce the division’s provisions related to the department.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26010. (a) There is in the Business and Consumer Services Agency, the Department of Cannabis Control under the supervision and control of a director. The director shall administer and enforce the provisions of this division related to the department. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 8. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  62. 26010.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section assigns appointment and supervision roles for the department’s director and gives the department authority to regulate commercial cannabis activity.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26010.5. (a) The Governor shall appoint the director of the department, subject to confirmation by the Senate. The director shall serve under the direction and supervision of the Secretary of Business and Consumer Service and at the pleasure of the Governor. (b) Every power granted to or duty imposed upon the director under this division may be exercised or performed in the name of the director by a deputy or assistant director or by a chief, subject to conditions and limitations that the director may prescribe. (c) (1) The director may employ and appoint all employees necessary to properly administer the work of the department, in accordance with civil service laws and regulations. (2) The Governor may also appoint a chief deputy director, a deputy director of equity and inclusion, and either a deputy director of legal affairs or a chief counsel to the department. These positions shall serve under the direction and supervision of the director and hold office at the pleasure of the Governor. (d) The department has the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity as provided in this division. (e) Upon the effective date of this section, whenever any reference to the “Medical Cannabis Regulation and Safety Act,” “Medical Marijuana Regulation and Safety Act,” or former Chapter 3.5 (commencing with Section 19300) of Division 8 appears in any statute, regulation, contract, or in any other code, it shall be construed to refer to this division as it relates to medicinal cannabis and medicinal cannabis products. (f) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 9. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  63. 26010.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The Department of Cannabis Control must send fingerprint information to the Department of Justice for certain workers, and the Department of Justice must return a state- or federal-level response.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26010.6. (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, and except as provided in subdivision (c), the Department of Cannabis Control shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for an employee, prospective employee, contractor, or subcontractor whose duties include or would include access to criminal offender record information, as defined in Section 11075 of the Penal Code, contained in the information systems or records of the Department of Cannabis Control or access to cannabis, cannabis products, or other controlled substances listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code, except for peace officer employees and prospective peace officer employees. (b) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the Department of Cannabis Control shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all peace officer employees and prospective peace officer employees of the department. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105 of the Penal Code. (c) Subdivision (a) does not apply to employees hired on or before June 30, 2023, or to any contract entered into on or before June 30, 2023. (Amended by Stats. 2023, Ch. 198, Sec. 4. (SB 152) Effective September 13, 2023.)
  64. 26010.7.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section transfers cannabis regulatory duties and related functions to the Department of Cannabis Control and directs how references, actions, records, employees, and agreements are to be treated after the transfer takes effect.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26010.7. (a) Except as provided in Sections 26062 and 26063 and Chapter 23 (commencing with Section 26240), on and after the operative date of this section, the Department of Cannabis Control and the director shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the Bureau of Cannabis Control, also formerly known as the Bureau of Medical Cannabis Regulation and the Bureau of Medical Marijuana Regulation under the former Medical Cannabis Regulation and Safety Act (former Chapter 3.5 commencing with Section 19300 of Division 8), the State Department of Public Health, and the Department of Food and Agriculture, as provided for pursuant to this division as it read on the day before the operative date of this section. (b) Except as provided in Sections 26062 and 26063 and Chapter 23 (commencing with Section 26240), on and after the operative date of this section, both of the following shall apply: (1) Whenever “Bureau of Marijuana Control,” “Bureau of Medical Cannabis Regulation,” or “Bureau of Medical Marijuana Regulation” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Department of Cannabis Control. (2) Unless the context clearly requires otherwise, whenever “Department of Public Health,” “State Department of Public Health,” “Department of Food and Agriculture,” or “California Department of Food and Agriculture” appears in this division, or any statute, regulation, or contract, related to regulation of cannabis pursuant to this division, it shall be construed to refer to the Department of Cannabis Control. (c) Any regulation, order, or other action adopted, prescribed, taken, or performed by the Bureau of Cannabis Control, the State Department of Public Health, or the Department of Food and Agriculture under this division in effect immediately preceding the operative date of this section shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms, and shall be deemed to be a regulation, order, or action of the Department of Cannabis Control. On and after the operative date of this section, any proposed regulation noticed by, or submitted to the Office of Administrative Law by, the Bureau of Cannabis Control, the State Department of Public Health, or the Department of Food and Agriculture under this division, shall be deemed to be a regulation noticed by or submitted by the Department of Cannabis Control. (d) Any action by or against the Bureau of Cannabis Control, the State Department of Public Health, or the Department of Food and Agriculture pertaining to matters vested in the Department of Cannabis Control by this section shall not abate but shall continue in the name of the Department of Cannabis Control, and the Department of Cannabis Control shall be substituted for the Bureau of Cannabis Control, the State Department of Public Health, and the Department of Food and Agriculture by the court wherein the action is pending. The substitution shall not in any way affect the rights of the parties to the action. (e) On and after the operative date of this section, all books, documents, forms, records, data systems, and property of the Bureau of Cannabis Control, the Department of Consumer Affairs, the State Department of Public Health, and the Department of Food and Agriculture pertaining to functions transferred to the Department of Cannabis Control shall be transferred to the Department of Cannabis Control. (f) On and after the operative date of this section, positions filled by appointment by the Governor in the Bureau of Cannabis Control, the State Department of Public Health, and the Department of Food and Agriculture whose principal assignment was to perform functions transferred pursuant to this section shall be transferred to the Department of Cannabis Control. Individuals in positions transferred pursuant to this subdivision shall serve at the pleasure of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law unless otherwise provided. Individuals in positions transferred pursuant to this subdivision who have been previously confirmed by the Senate shall not be required to undergo a new confirmation as a result of this transfer. Titles of positions transferred pursuant to this subdivision shall be determined by the director with the approval of the Governor. (g) On and after the operative date of this section, every officer and employee of the Bureau of Cannabis Control, the State Department of Public Health, the Department of Food and Agriculture, and the Department of Consumer Affairs who is performing a function transferred to the Department of Cannabis Control and who is serving in the state civil service, including an excluded or temporary employee, shall be transferred to the Department of Cannabis Control pursuant to the provisions of Section 19050.9 of the Government Code. The status, position, and rights of any officer or employee of the Bureau of Cannabis Control, the State Department of Public Health, the Department of Food and Agriculture, and the Department of Consumer Affairs shall not be affected by the transfer and shall be retained by the person as an officer or employee of the Department of Cannabis Control, as applicable, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for a position that is exempt from civil service. The personnel records of all transferred employees shall be transferred to the Department of Cannabis Control. (h) A contract, lease, license, or any other agreement to which the Bureau of Cannabis Control, the Department of Consumer Affairs, the State Department of Public Health, or the Department of Food and Agriculture is a party shall not be void or voidable by reason of this section, and shall continue in full force and effect, with the Department of Cannabis Control assuming all of the rights, obligations, liabilities, and duties of the Bureau of Cannabis Control, the State Department of Public Health, and the Department of Food and Agriculture relating to the transfer of duties, powers, purposes, functions, responsibilities, and jurisdiction made pursuant to this section. The assumption by the Department of Cannabis Control shall not in any way affect the rights of the parties to any contract, lease, license, or agreement. (i) This section shall become operative on and after July 1, 2021, or the operative date of the act adding this section, whichever is later. (Added by Stats. 2021, Ch. 70, Sec. 8. (AB 141) Effective July 12, 2021.)
  65. 26011.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The director and members of the Cannabis Control Appeals Panel may not take commissions or profits, hold interests in certain sales or insurance, or solicit benefits-related purchases or donations from licensees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26011. Neither the director nor any member of the Cannabis Control Appeals Panel established under Section 26040 shall do any of the following: (a) Receive any commission or profit whatsoever, directly or indirectly, from any person applying for or receiving any license or permit under this division. (b) Engage or have any interest in the sale or any insurance covering a licensee’s business or premises. (c) Engage or have any interest in the sale of equipment for use upon the premises of a licensee engaged in commercial cannabis activity. (d) Knowingly solicit any licensee for the purchase of tickets for benefits or contributions for benefits. (e) Knowingly request any licensee to donate or receive money, or any other thing of value, for the benefit of any person whatsoever. (Amended by Stats. 2021, Ch. 70, Sec. 9. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  66. 26011.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must make public protection its top priority when licensing, regulating, or disciplining under this division.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26011.5. The protection of the public shall be the highest priority for the department in exercising licensing, regulatory, and disciplinary functions under this division. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2021, Ch. 70, Sec. 10. (AB 141) Effective July 12, 2021.)
  67. 26012.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department has exclusive authority to manage commercial cannabis licenses and may collect related fees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity. (b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division. (c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code. (Amended (as amended by Stats. 2021, Ch. 70, Sec. 11) by Stats. 2021, Ch. 87, Sec. 2. (SB 160) Effective July 16, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  68. 26012.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must publish license-status information on its website, add suspensions, revocations, and final decisions from January 1, 2022, and avoid posting personal information.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26012.5. (a) The department shall provide on its internet website information regarding the status of every license issued by the department in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (b) Beginning January 1, 2022, the information provided on the department’s internet website pursuant to subdivision (a) shall include information on suspensions and revocations of licenses and final decisions adopted by the department pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relating to persons or businesses licensed or regulated by the department. (c) The information provided shall not include personal information, including home addresses, home telephone numbers, dates of birth, or social security numbers. The department shall disclose the county of a licensee’s address of record. (Amended by Stats. 2022, Ch. 28, Sec. 17. (SB 1380) Effective January 1, 2023.)
  69. 26012.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must collect, keep confidential, and publish aggregate demographic data from cannabis license applicants; applicants and licensees cannot be forced to provide it as a licensing condition.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26012.6. (a) For purposes of this section, “demographic data” includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status. (b) (1) The department shall collect demographic data about every person applying for a license. (2) The demographic data may be requested when an initial license is issued or at the time of license renewal. (c) The department shall consolidate the demographic data received as described in subdivision (b) and shall publish the aggregate demographic data that it collects on its internet website. (d) The department shall maintain the confidentiality of the information it receives from an applicant or licensee under this section and shall only release the information in an aggregate form that cannot be used to identify an individual. (e) A licensee or applicant shall not be required to provide the information specified in subdivision (b) as a condition of licensure or license renewal, and a licensee shall not be subject to discipline for not providing the information specified in subdivision (b). (Added by Stats. 2024, Ch. 878, Sec. 1. (SB 1109) Effective January 1, 2025. Conditionally operative pursuant to Sec. 2 of Ch. 878 of Stats. 2024.)
  70. 26013.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must make rules for this cannabis division and may adopt and re-adopt emergency regulations, subject to limits.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26013. (a) The department shall make and prescribe reasonable rules and regulations as may be necessary to implement, administer, and enforce its duties under this division in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Those rules and regulations shall be consistent with the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. (b) (1) The department may adopt emergency regulations to consolidate, clarify, or make consistent regulations, including emergency regulations adopted before or in place as of July 1, 2021, or to implement Section 26010.7. (2) The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted as authorized by this section. Any such readoption shall be limited to one time for each regulation. (3) Notwithstanding any other law, the adoption of emergency regulations and the readoption of emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations and the readopted emergency regulations authorized by this section shall be each submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (c) Regulations issued under this division shall be necessary to achieve the purposes of this division, based on best available evidence, and shall mandate only commercially feasible procedures, technology, or other requirements, and shall not unreasonably restrain or inhibit the development of alternative procedures or technology to achieve the same substantive requirements, nor shall the regulations make compliance so onerous that the operation under a cannabis license is not worthy of being carried out in practice by a reasonably prudent businessperson. (Amended by Stats. 2021, Ch. 70, Sec. 13. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  71. 26013.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may have notices signed and given by the director or an authorized employee, and written notices may be sent by regular mail to the licensee’s last known address or by personal service.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26013.5. (a) Notice of any action of the department required by this division to be given may be signed and given by the director or an authorized employee of the department and may be made personally or in the manner prescribed by Section 1013 of the Code of Civil Procedure, or in the manner prescribed by Section 124 of this code. (b) Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by the department, the notice may be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the department. (Amended by Stats. 2021, Ch. 70, Sec. 14. (AB 141) Effective July 12, 2021.)
  72. 26014.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must convene an advisory committee, the committee must include specified stakeholder groups, publish annual public reports starting January 1, 2019, and members must be reimbursed for necessary expenses subject to funding availability.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26014. (a) The department shall convene an advisory committee to advise the department on the development of standards and regulations pursuant to this division, including best practices and guidelines that protect public health and safety while ensuring a regulated environment for commercial cannabis activity that does not impose such barriers so as to perpetuate, rather than reduce and eliminate, the illicit market for cannabis. (b) The advisory committee members shall include, but not be limited to, representatives of the cannabis industry, including medicinal cannabis, representatives of labor organizations, appropriate state and local agencies, persons who work directly with racially, ethnically, and economically diverse populations, public health experts, and other subject matter experts, including representatives from the Department of Alcoholic Beverage Control, with expertise in regulating commercial activity for adult-use intoxicating substances. The advisory committee members shall be determined by the director. (c) Commencing on January 1, 2019, the advisory committee shall publish an annual public report describing its activities including, but not limited to, the recommendations the advisory committee made to the department during the immediately preceding calendar year and whether those recommendations were implemented by the department. (d) Each member of the advisory committee shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from the fund and shall be subject to the availability of money. (Amended by Stats. 2021, Ch. 70, Sec. 15. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  73. 26015.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may investigate as needed, employ non-peace-officer investigators, and employ peace officers; certain department staff have peace officer authority while carrying out their duties.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26015. (a) The department may make or cause to be made such investigation as it deems necessary to carry out its duties under this division. (b) The chief of enforcement and all investigators, inspectors, and deputies of the department identified by the director have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them in enforcing the laws of the state or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section. (c) The department may employ individuals, who are not peace officers, to provide investigative services. (d) Notwithstanding any other law, the department may employ peace officers and shall be exempt from the requirements of Section 13540 of the Penal Code. (Amended by Stats. 2025, Ch. 248, Sec. 5. (AB 8) Effective January 1, 2026.)
  74. 26016.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may delegate hearing-and-decision authority to an administrative law judge for hearings under this division, except Chapter 4 hearings.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26016. For any hearing held pursuant to this division, except a hearing held under Chapter 4 (commencing with Section 26040), the department may delegate the power to hear and decide to an administrative law judge. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 70, Sec. 17. (AB 141) Effective July 12, 2021.)
  75. 26017.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may pay certain witness travel, food, and lodging expenses for hearings under this division.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26017. In any hearing before the department pursuant to this division, the department may pay any person appearing as a witness at the hearing at the request of the department pursuant to a subpoena, the person’s actual, necessary, and reasonable travel, food, and lodging expenses, not to exceed the amount authorized for state employees. (Amended by Stats. 2021, Ch. 70, Sec. 18. (AB 141) Effective July 12, 2021.)
  76. 26018.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may review a penalty on its own initiative before a penalty assessment takes effect, and that review can only reduce the penalty.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 2. Administration [26010 - 26018] ( Chapter 2 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26018. The department may on its own motion at any time before a penalty assessment is placed into effect, and without any further proceedings, review the penalty, but such review shall be limited to its reduction. (Amended by Stats. 2021, Ch. 70, Sec. 19. (AB 141) Effective July 12, 2021.)
  77. 2602.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The Physical Therapy Board of California must enforce and administer this chapter, and the section is set to be repealed on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2602. (a) The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2022, Ch. 509, Sec. 1. (SB 1438) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  78. 2602.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The Physical Therapy Board of California must treat public protection as its top priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2602.1. Protection of the public shall be the highest priority for the Physical Therapy Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 9. Effective January 1, 2003.)
  79. 2603.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must be made up of four physical therapists, one of whom may be involved in physical therapy education, and three public members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2603. The members of the board shall consist of four physical therapists, only one of whom shall be involved in physical therapy education, and three public members. (Amended by Stats. 2013, Ch. 389, Sec. 6. (SB 198) Effective January 1, 2014.)
  80. 2603.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    Board appointments are limited to physical therapist and public members who meet specified California residence, licensing, experience, and disqualification requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2603.5. (a) The physical therapist members of the board shall be appointed from persons having all of the following qualifications: (1) Be a resident of California. (2) Possess a valid and unrestricted license in California issued pursuant to this chapter. (3) Have been licensed pursuant to this chapter and practicing in California for at least five years prior to appointment to the board. (b) (1) The public members of the board shall have both of the following qualifications: (A) Be appointed from persons having all of the qualifications as set forth in Chapter 6 (commencing with Section 450) of Division 1. (B) Be a resident of California. (2) No public member of the board shall be, nor have been, any of the following: (A) An officer or faculty member of any college, school, or institution involved in physical therapy education. (B) A licentiate of the Medical Board of California or of any board under this division or of any board referred to in Section 1000 or 3600. (Added by Stats. 2013, Ch. 389, Sec. 7. (SB 198) Effective January 1, 2014.)
  81. 26030.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Section 26030 lists conduct that can trigger disciplinary action, including compliance failures, unlawful sales, and violations involving cannabis licensees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 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. (Amended by Stats. 2021, Ch. 70, Sec. 20. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  82. 26031.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may discipline cannabis licenses, including suspension, revocation, probation, and fines, with notice and hearing and subject to stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031. (a) The department may suspend, revoke, place on probation with terms and conditions, or otherwise discipline licenses issued by the department and fine a licensee, after proper notice and hearing to the licensee, except as provided in Section 26031.01, if the licensee is found to have committed any of the acts or omissions constituting grounds for disciplinary action. The disciplinary proceedings under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. (b) The department may suspend or revoke a license when a local agency has notified the department that a licensee within its jurisdiction is in violation of state rules and regulations relating to commercial cannabis activities, and the department, through an investigation, has determined that the violation is grounds for suspension or revocation of the license. (c) The department may take disciplinary action against a licensee for any violation of this division when the violation was committed by the licensee’s officers, directors, owners, agents, or employees while acting on behalf of the licensee or engaged in commercial cannabis activity. (d) The suspension or expiration of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground. (Amended by Stats. 2021, Ch. 70, Sec. 21. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  83. 26031.01.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may suspend a license before a hearing if it was obtained by fraud or similar misconduct, but it must follow notice and hearing deadlines.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031.01. (a) Notwithstanding Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license. (b) The department shall not order the suspension of a license pursuant to subdivision (a) 90 days after the date of issuance of the license. (c) An order of suspension pursuant to subdivision (a) shall expire on the effective date of a decision of the department after a hearing conducted pursuant to this section. (d) (1) The department shall file and serve a person whose license is suspended pursuant to subdivision (a) the order of suspension and a statement of issues as defined in Section 11504 of the Government Code. The department may serve the person by regular mail addressed to the last known address of the person or by personal service. (2) A person whose license is suspended pursuant to subdivision (a) shall have 30 days after service of the order of suspension and statement of issues in which to file with the department a written request for a hearing on the statement of issues filed against them. (3) (A) The department shall hold a hearing within 30 days after receipt of a request pursuant to paragraph (2) unless the person requests or agrees to a continuance. If the person does not request or agree to a continuance and a hearing is not commenced within 30 days after receipt of the request for a hearing, the order of suspension shall be vacated and set aside unless the person requests or agrees to a continuance. (B) If the person requests or agrees to a continuance, the department shall hold a hearing on the date to which the department and the person agreed. If a hearing is not commenced on that date, the order of suspension shall be vacated and set aside. (4) If the department does not render a decision within 30 days after completion of the hearing, the order of suspension shall be vacated and set aside. (e) A hearing conducted pursuant to this section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code applicable to a hearing on a statement of issues. (Added by Stats. 2021, Ch. 70, Sec. 22. (AB 141) Effective July 12, 2021.)
  84. 26031.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A disciplinary order may require a violating licensee to pay reasonable investigation and enforcement costs, and unpaid costs can block renewal or reinstatement unless the department uses a limited hardship exception.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031.1. (a) Except as otherwise provided by law, in an order issued in resolution of a disciplinary proceeding before the department, the administrative law judge, upon request, may direct a licensee found to have committed a violation 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 department or its 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 subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the department to increase the cost award. The department may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a). (d) If an order for recovery of costs is made and timely payment is not made as directed in the department’s decision, the department may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the department may have as to any licensee to pay costs. (e) In any action for recovery of costs, proof of the department’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) (1) Except as provided in paragraph (2), the department shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1), the department 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 department to reimburse the department within that one-year period for the unpaid costs. (g) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited into the Cannabis Control Fund to be available upon appropriation by the Legislature. (h) Nothing in this section shall preclude the department from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. (Added by Stats. 2021, Ch. 70, Sec. 23. (AB 141) Effective July 12, 2021.)
  85. 26031.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A superior court may, on petition by the department and with the director’s approval, issue an injunction, order restitution, and require reimbursement of investigation expenses.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031.2. (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (b) The superior court for the county in which any person has engaged in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, order such person to make restitution to persons injured as a result of such violation. (c) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a), or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the department for expenses incurred by the department in its investigation related to its petition. (d) The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this division. (Added by Stats. 2021, Ch. 70, Sec. 24. (AB 141) Effective July 12, 2021.)
  86. 26031.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may issue citations for violations, order abatement, and assess administrative fines, with written notice and hearing rights for the cited person.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031.5. (a) The department may issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated any provision of this division or any regulation adopted pursuant thereto. The department shall issue the citation in writing, and shall describe with particularity the basis of the citation and the notification described in subdivision (c). The department may include in each citation an order of abatement and fix a reasonable time for abatement of the violation. The department may, as part of each citation, assess an administrative fine not to exceed five thousand dollars ($5,000) per violation by a licensee and thirty thousand dollars ($30,000) per violation by an unlicensed person. Each day of violation shall constitute a separate violation. In assessing a fine, the department shall give due consideration to the appropriateness of the amount of the fine with respect to factors the department determines to be relevant, including the following: (1) The gravity of the violation by the licensee or person. (2) The good faith of the licensee or person. (3) The history of previous violations. (b) The sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal remedies. (c) A citation issued pursuant to this section shall include a provision that notifies the licensee or person that a hearing may be requested to contest the finding of a violation by submitting a written request within 30 days from service of the citation. The hearing shall be held pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), unless held in accordance with the provisions of Chapter 4.5 (commencing with Section 11400) as authorized by regulation of the department. If the licensee or person cited fails to submit a written request for a hearing within 30 days from the date of service of the citation, the right to a hearing is waived and the citation shall be deemed a final order of the department and is not subject to review by any court. (d) After the exhaustion of the administrative and judicial review procedures, the department may apply to the appropriate superior court for a judgment in the amount of the administrative fine and an order compelling the cited person to comply with the order of the department. The application, which shall include a certified copy of the final order of the department, shall constitute a sufficient showing to warrant the issuance of the judgment and order. (e) The department may recover from the licensee or person who was the subject of the citation costs of investigation and enforcement, which may include reasonable attorney’s fees for the services rendered. If the department recovers costs from a licensee, the department shall recover the costs pursuant to Section 26031.1. (f) Fines shall be paid within 30 days of service of a citation by the department. Failure to pay a fine assessed pursuant to this section within 30 days of the date of service of the citation, unless the citation is being appealed, shall constitute a separate violation under this division subject to additional action by the department. The department shall not renew or grant a license to a person who was the subject of the fine until that person pays the fine. (g) All moneys collected pursuant to this section associated with the recovery of investigation and enforcement costs shall be deposited into the Cannabis Control Fund. Any administrative fine amount shall be deposited directly into the Cannabis Fines and Penalties Account and shall be distributed pursuant to subdivision (d) of Section 26210. (Amended by Stats. 2021, Ch. 70, Sec. 25. (AB 141) Effective July 12, 2021.)
  87. 26031.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section restricts use of the cannabis universal symbol to licensed commercial cannabis activity, requires recordkeeping and production on demand, bans unauthorized alteration, and allows seizure, forfeiture, and possible destruction of violating items.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26031.6. (a) It is a violation of this division for a person to use or possess the universal symbol described in paragraph (7) of subdivision (c) of Section 26130 in connection with commercial activity other than commercial cannabis activity licensed under this division. For purposes of this section, use or possession of the universal symbol in connection with commercial activity includes, but is not limited to, use or possession of any package, label, or advertisement of any kind bearing the universal symbol, or bearing any likeness, simulation, or any representation substantially similar to the universal symbol, whether or not that package, label, or advertisement is affixed to, or otherwise associated with, cannabis or cannabis products. (b) A person using or possessing the universal symbol in connection with commercial activity shall do both of the following: (1) Maintain records establishing that the use or possession is in connection with commercial cannabis activity licensed pursuant to this division. (2) Produce those records upon demand of a peace officer, an employee of the department, or an employee of the California Department of Tax and Fee Administration. (c) A person shall not alter or crop the universal symbol except in a manner allowed by this Division or permitted by regulation. (d) Each individual package, label, advertisement, or other document or object of any kind bearing the universal symbol or any likeness or simulation of the universal symbol in violation of this section shall constitute a separate violation of this section. (e) (1) A package, label, advertisement, or other document or object of any kind bearing the universal symbol or any likeness or simulation of the universal symbol in violation of this section is contraband and shall be seized and summarily forfeited to the state, and may be summarily destroyed by the state, subject to subdivision (f). A peace officer or an employee of the department may summarily seize such contraband. (2) Failure to maintain or produce records as required pursuant to subdivision (b) in connection with a package, label, advertisement, or other document or object of any kind bearing the universal symbol shall establish that the package, label, advertisement, or other document or object is contraband for purposes of this subdivision. (f) A person from whom a package, label, advertisement, or other document or object is seized pursuant to subdivision (e) may petition the superior court of the county in which the seizure occurred within 10 days of the seizure to seek the return of the package, label, advertisement, or other document or object. The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the package, label, advertisement, or other document or object was not used or possessed in connection with commercial activity other than commercial cannabis activity licensed pursuant to this division. (g) This section does not prohibit the educational, informational, or other noncommercial use or possession of the universal symbol. (Amended by Stats. 2025, Ch. 248, Sec. 6. (AB 8) Effective January 1, 2026.)
  88. 26032.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Certain licensed cannabis-related actions, and good-faith property use for those actions, are treated as not unlawful and are shielded from arrest, prosecution, civil fines, and asset seizure/forfeiture if the stated licensing and compliance conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26032. (a) The actions of a licensee, its employees, and its agents are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law if they are all of the following: (1) Permitted pursuant to a state license. (2) Permitted pursuant to a local authorization, license, or permit issued by the local jurisdiction, if any. (3) Conducted in accordance with the requirements of this division and regulations adopted pursuant to this division. (b) The actions of a person who, in good faith, allows his or her property to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and, if required by the applicable local ordinances, a local license or permit, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law. (Repealed and added by Stats. 2017, Ch. 27, Sec. 18. (SB 94) Effective June 27, 2017.)
  89. 26033.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Qualified patients and certain primary caregivers are exempt from this division’s cannabis licensure requirements if they meet the listed medical-use and compensation limits.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26033. (a) A qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity and is therefore exempt from the licensure requirements of this division. (b) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code, but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code, is exempt from the licensure requirements of this division. (Repealed and added by Stats. 2017, Ch. 27, Sec. 20. (SB 94) Effective June 27, 2017.)
  90. 26034.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must file accusations against licensees within five years of the alleged act or omission.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26034. All accusations against licensees shall be filed by the department within five years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in that case shall not be deemed to have accrued until discovery, by the department, of the facts constituting the fraud or misrepresentation, and, in that case, the accusation shall be filed within five years after that discovery. (Amended by Stats. 2021, Ch. 70, Sec. 26. (AB 141) Effective July 12, 2021.)
  91. 26035.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The director must designate department employees for administration and enforcement of this division and ensure enough of them are qualified peace officers for enforcement.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26035. The director shall designate the persons employed by the department for purposes of the administration and enforcement of this division. The director shall ensure that a sufficient number of employees are qualified peace officers for purposes of enforcing this division. (Amended by Stats. 2021, Ch. 70, Sec. 27. (AB 141) Effective July 12, 2021.)
  92. 26036.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section says the cannabis division does not override or limit existing enforcement authority of the department or other state and local agencies.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26036. Nothing in this division shall be interpreted to supersede or limit the department or other state and local agencies from exercising their existing enforcement authority, including, but not limited to, under this division, the Fish and Game Code, the Food and Agricultural Code, the Government Code, the Health and Safety Code, the Penal Code, the Public Resources Code, the Water Code, or the application of those laws. (Amended by Stats. 2025, Ch. 248, Sec. 7. (AB 8) Effective January 1, 2026.)
  93. 26037.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Licensed cannabis-related actions, and good-faith property-use assistance for a licensee, are not unlawful under state law if they meet the stated licensing, local-law, and regulatory requirements.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26037. (a) The actions of a licensee, its employees, and its agents that are (1) permitted under a license issued under this division and any applicable local ordinances and (2) conducted in accordance with the requirements of this division and regulations adopted pursuant to this division, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law. (b) The actions of a person who, in good faith, allows his or her property to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and any applicable local ordinances, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law. (Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
  94. 26037.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A person or entity may not engage in commercial cannabis activity without a state license from the department.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26037.5. (a) A person or entity shall not engage in commercial cannabis activity without a state license issued by the department pursuant to this division. (b) The requirement to obtain a state license for the cultivation of cannabis pursuant to this division does not apply to the cultivation of cannabis in accordance with Section 11362.1 of the Health and Safety Code or the Compassionate Use Act or to persons or entities licensed under subdivision (b) of Section 26070.5. (Added by Stats. 2021, Ch. 70, Sec. 28. (AB 141) Effective July 12, 2021.)
  95. 26038.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section imposes civil penalties for unlicensed commercial cannabis activity, aiding and abetting it, and knowingly making property available for it.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 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) 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. (B) For the purposes of this section, in order to prove that a person aided and abetted an unlicensed cannabis activity, all of the following shall be demonstrated: (i) 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. (ii) The person had actual knowledge that the cannabis activity was unlicensed and that the cannabis activity required a license. (iii) The person provided substantial assistance or encouragement to the unlicensed cannabis activity. (iv) The person’s conduct was a substantial factor in furthering the unlicensed cannabis activity. (3) (A) 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. (B) For purposes of this paragraph, 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. (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 or cannabis products 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 or cannabis products 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) (1) Actions for civil penalties pursuant to paragraph (1) of subdivision (a) may be brought 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. (2) 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. (3) 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. (d) (1) All civil penalties imposed and collected pursuant to this section by a court shall be deposited into the General Fund except as provided in this subdivision. (2) 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. (3) 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, to be paid to the treasurer of the county in which the judgment was entered and one-half deposited into the General Fund. (4) 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 one-half of the remainder, if any, to be paid to the treasurer of the city in which the complaining attorney has jurisdiction and one-half deposited into the General Fund. (e) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed person engaging in commercial cannabis activity in violation of this division. (f) (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. (Amended by Stats. 2025, Ch. 248, Sec. 8. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  96. 26038.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A licensee may sue an unlicensed cannabis operator, but must prove actual harm to win.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26038.1. (a) In addition to other remedies permitted by law, a licensee under this division may bring an action in superior court against a person engaging in commercial cannabis activity without a license as required by this division. (b) In order to prevail in an action brought pursuant to subdivision (a), a licensee shall demonstrate actual harm resulting from the unlicensed commercial cannabis activity. (c) In an action pursuant to subdivision (a), the court may enter an order enjoining the defendant from engaging in commercial cannabis activity without a license as required by this division. (d) A licensee that prevails in an action brought pursuant to subdivision (a) shall be entitled to both of the following: (1) Either of the following damages, at the election of the prevailing licensee: (A) Actual damages caused by the unlicensed commercial cannabis activity. (B) Statutory damages not to exceed seventy-five thousand dollars ($75,000). (2) Reasonable attorney’s fees and costs. (e) This section does not apply to any violation of the Labor Code committed by a person engaging in unlicensed cannabis activity and shall not form the basis for a cause of action under the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698) of Division 2 of the Labor Code). (Added by Stats. 2023, Ch. 467, Sec. 1. (AB 1171) Effective January 1, 2024.)
  97. 26039.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must notify the licensee if it has evidence cannabis is adulterated or misbranded, and may order recalls or other controls in serious cases.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26039.1. (a) When the department has evidence that cannabis or a cannabis product is adulterated or misbranded, the department shall notify the licensee. The licensee may conduct a voluntary recall of the affected cannabis or cannabis product and may remediate the cannabis or cannabis product, if approved by the department, or shall destroy the affected cannabis or cannabis product under the supervision of the department. (b) The department may issue a mandatory recall order and require the licensee to immediately cease distribution of cannabis or a cannabis product and recall the cannabis or cannabis product if the department determines both of the following: (1) The cultivation, manufacture, distribution, or sale of the cannabis or cannabis product creates or poses an immediate and serious threat to human life or health. (2) Other procedures available to the department to remedy or prevent the occurrence of the situation would result in an unreasonable delay. (c) The department shall provide the licensee an opportunity for an informal proceeding on the matter, as determined by the department, within five days, on the actions required by the order and on why the cannabis or cannabis product should not be recalled. Following the proceeding, the order shall be affirmed, modified, or set aside as determined appropriate by the department. (d) The department’s powers set forth in this section expressly include the power to order movement, segregation, isolation, or destruction of cannabis or cannabis products, as well as the power to hold cannabis or cannabis products in place. (e) If the department determines it is necessary, it may issue the mandatory recall order, may conduct the recall, and may use all appropriate measures to obtain reimbursement from the licensee for any and all costs associated with these orders. All funds obtained by the department from these efforts shall be deposited in the Cannabis Control Fund, and shall be available for use by the department upon appropriation by the Legislature. (f) It is unlawful to move or allow to be moved cannabis or a cannabis product subject to an order issued pursuant to this section unless that person has first obtained written authorization from the department. (Added by renumbering Section 26132 by Stats. 2021, Ch. 70, Sec. 70. (AB 141) Effective July 12, 2021.)
  98. 26039.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    If cannabis is found or suspected to be adulterated, misbranded, or illegally sold, the department must tag and embargo it; unauthorized removal, sale, or disposal is unlawful.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26039.3. (a) If the department finds or has probable cause to believe that cannabis or a cannabis product is adulterated or misbranded within the meaning of this division, or the sale of the cannabis or cannabis product would be in violation of this division, the department shall affix to the cannabis or cannabis product, or component thereof, a tag or other appropriate marking. The department shall give notice that the cannabis or cannabis product is, or is suspected of being, adulterated or misbranded, or the sale of the cannabis or cannabis product would be in violation of this division and has been embargoed and that the cannabis or cannabis product shall not be removed or disposed of by sale or otherwise until permission for removal or disposal is given by the department or a court. (b) (1) It is unlawful to remove, sell, or dispose of embargoed cannabis or an embargoed cannabis product without written permission of the department or a court. The removal, sale, or disposal of each item of embargoed cannabis or cannabis product without written permission of the department constitutes a violation of this subdivision. A violation of this subdivision is subject to a citation and fine of not more than ten thousand dollars ($10,000). (2) Notwithstanding paragraph (1), a licensed cultivator may request permission for the continued cultivation or harvesting of the cannabis subject to embargo. The department may authorize, and may impose conditions on, the continued cultivation or harvesting of the cannabis subject to embargo. (c) If the adulteration or misbranding can be corrected by proper labeling or additional processing of the cannabis or cannabis product and all of the provisions of this division can be complied with, the licensee may request that the department remove the tag or other marking to permit correction. If, under the supervision of the department, the adulteration or misbranding has been corrected, the department may remove the tag or other marking. Cannabis and cannabis products found at an unlicensed location, or cultivated, processed, produced, or manufactured at an unlicensed location, or derived from an unlicensed source, cannot be corrected and shall be destroyed. (d) If the department finds that cannabis or a cannabis product that is embargoed is not adulterated or misbranded, or that its sale is not otherwise in violation of this division, the department may remove the tag or other marking. (e) The cannabis or cannabis product may be destroyed by the licensee or product owner pursuant to a corrective action plan approved by the department and under the supervision of the department. The cannabis or cannabis product shall be destroyed at the expense of the licensee or product owner. (f) The department may condemn cannabis or a cannabis product under the provisions of this section. A proceeding for condemnation shall be subject to appropriate notice to, and the opportunity for a hearing with regard to, the person or licensee affected in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (1) Upon a finding by the administrative law judge that the cannabis or cannabis product is adulterated or misbranded, or that its sale is otherwise in violation of this division, the administrative law judge may direct the cannabis or cannabis product to be destroyed at the expense of the licensee or product owner and under the supervision of the department. The licensee or owner of the affected cannabis or cannabis product shall pay fees and reasonable costs, including the costs of storage, testing, and supervision, incurred by the department in investigating and prosecuting the action taken pursuant to this section. (2) Upon a finding by the administrative law judge that the adulteration or misbranding can be corrected by proper labeling or additional processing of the cannabis or cannabis product and that all provisions of this division can be complied with, the administrative law judge may direct the cannabis or cannabis products to be brought into compliance under the department’s supervision. The licensee shall pay fees and reasonable costs, including the costs of storage, testing, and supervision, incurred by the department in investigating and prosecuting the action. After the costs, fees, and expenses have been paid, the department may release the embargo and remove the tag or other marking and supervise the corrective action. (Added by renumbering Section 26133 by Stats. 2021, Ch. 70, Sec. 71. (AB 141) Effective July 12, 2021.)
  99. 26039.4.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A peace officer may seize cannabis, industrial hemp, and cannabis products in specified circumstances.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26039.4. A peace officer, including a peace officer with the department, may seize cannabis, industrial hemp, and cannabis products in any of the following circumstances: (a) The cannabis or cannabis product is subject to recall or embargo by the department. (b) The cannabis or cannabis product is subject to seizure or destruction pursuant to this division. (c) The cannabis or cannabis product is seized related to an investigation or disciplinary action for violation of this division. (d) The industrial hemp or cannabis product is subject to seizure under the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code). (e) The industrial hemp is in violation of United States Domestic Industrial Hemp Program (7 U.S.C. § 990 et seq.), and, if applicable, the California State Regulatory Plan for Hemp Production (Chapter 8 of Division 4 of Title 3 of the California Code of Regulations), or an applicable tribal plan. (Amended by Stats. 2025, Ch. 248, Sec. 9. (AB 8) Effective January 1, 2026.)
  100. 26039.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis or cannabis products are misbranded if they are handled at unlicensed locations, have false or misleading labeling, or do not meet labeling or packaging rules; handling misbranded cannabis is unlawful.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26039.5. (a) Cannabis or a cannabis product is misbranded if it is any of the following: (1) Cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division. (2) Consists of cannabis or cannabis product that was cultivated, processed, manufactured, packed, or held in a location not duly licensed as provided in this division. (3) Its labeling is false or misleading in any particular. (4) Its labeling or packaging does not conform to the requirements of Section 26120 or any other labeling or packaging requirement established pursuant to this division. (b) It is unlawful to cultivate, process, manufacture, sell, deliver, hold, or offer for sale cannabis or a cannabis product that is misbranded. (c) It is unlawful to misbrand cannabis or a cannabis product. (d) It is unlawful to receive in commerce cannabis or a cannabis product that is misbranded or to distribute, deliver, or offer for delivery any such cannabis or cannabis product. (Added by renumbering Section 26121 by Stats. 2021, Ch. 70, Sec. 67. (AB 141) Effective July 12, 2021.)
  101. 26039.6.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis or cannabis products are adulterated if they are contaminated, contain harmful or restricted substances above limits, do not match their represented quality or purity, use nonconforming methods or facilities, have harmful containers, or have been altered after testing; related activities are unlawful.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 3. Enforcement [26030 - 26039.6] ( Chapter 3 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26039.6. (a) Cannabis or a cannabis product is adulterated if it is any of the following: (1) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered injurious. (2) It consists, in whole or in part, of any filthy, putrid, or decomposed substance. (3) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use suggested in the labeling or under conditions that are customary or usual. (4) It bears or contains a substance that is restricted or limited under this division or regulations promulgated pursuant to this division and the level of substance in the product exceeds the limits specified pursuant to this division or in regulation. (5) Its concentrations differ from, or its purity or quality is below, that which it is represented to possess. (6) The methods, facilities, or controls used for its cultivation, manufacture, packing, or holding do not conform to, or are not operated or administered in conformity with, practices established by regulations adopted under this division to ensure that the cannabis or cannabis product meets the requirements of this division as to safety and has the concentrations it purports to have and meets the quality and purity characteristics that it purports or is represented to possess. (7) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health. (8) It is a cannabis product and a substance has been mixed or packed with it after testing by a testing laboratory so as to reduce its quality or concentration or if a substance has been substituted, wholly or in part, for the cannabis product. (b) It is unlawful to cultivate, manufacture, distribute, sell, deliver, hold, or offer for sale cannabis or a cannabis product that is adulterated. (c) It is unlawful to adulterate cannabis or a cannabis product. (d) It is unlawful to receive in commerce cannabis or a cannabis product that is adulterated or to distribute, deliver, or proffer for delivery any such cannabis or cannabis product. (Amended by Stats. 2025, Ch. 248, Sec. 10. (AB 8) Effective January 1, 2026.)
  102. 2604.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    Board members are appointed for four years, the board elects its president and vice president annually, and the appointing power may remove members for specified misconduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2604. The members of the board shall be appointed for a term of four years, expiring on the first day of June of each year. The Governor shall appoint one of the public members and the four physical therapist members of the board qualified as provided in Sections 2603 and 2603.5. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member qualified as provided in Section 2603.5. No person may serve as a member of the board for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired term. Annually, the board shall elect one of its members as president and one of its members as vice president. The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. (Amended by Stats. 2013, Ch. 389, Sec. 8. (SB 198) Effective January 1, 2014.)
  103. 26040.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section creates a Cannabis Control Appeals Panel, sets how its members are appointed, and says Governor-appointed members must live in different counties at the time of initial appointment.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26040. (a) (1) There is established in state government, in the Business and Consumer Services Agency, a Cannabis Control Appeals Panel which shall consist of the following members: (A) One member appointed by the Senate Committee on Rules. (B) One member appointed by the Speaker of the Assembly. (C) Three members appointed by the Governor and subject to confirmation by a majority vote of all of the members elected to the Senate. (2) Each member appointed by the Governor, at the time of their initial appointment, shall be a resident of a different county from the one in which either of the other members appointed by the Governor resides. Members of the panel shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The members of the panel may be removed from office by their appointing authority. (c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 10. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  104. 26041.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Panel personnel must be appointed, employed, directed, and controlled in line with state civil service requirements, and the panel’s Executive Director must provide needed equipment, supplies, and housing and carry out other administrative tasks assigned by the panel.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26041. All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The Executive Director of the panel shall furnish the equipment, supplies, and housing necessary for the authorized activities of the panel and shall perform such other mechanics of administration as determined by the panel. (Amended by Stats. 2021, Ch. 70, Sec. 30. (AB 141) Effective July 12, 2021.)
  105. 26042.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The panel must adopt appeal procedures.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26042. The panel shall adopt procedures for appeals similar to the procedures used in Article 3 (commencing with Section 23075) and Article 4 (commencing with Section 23080) of Chapter 1.5 of Division 9 of the Business and Professions Code. Such procedures shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
  106. 26043.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A person aggrieved by certain cannabis licensing decisions may appeal to the panel, and the panel reviews the department’s decision on a limited record.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26043. (a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denying the person’s renewal of any license, placing any license on probation, imposing any condition on any license, imposing any fine on any license or licensee, assessing any penalty on any license, or canceling, suspending, revoking, or otherwise disciplining any license as provided for under this division, may appeal the department’s written decision to the panel. (b) The panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the panel shall not receive evidence in addition to that considered by the department. (c) Review by the panel of a decision of the department shall be limited to the following questions: (1) Whether the department has proceeded without or in excess of its jurisdiction. (2) Whether the department has proceeded in the manner required by law. (3) Whether the decision is supported by the findings. (4) Whether the findings are supported by substantial evidence in the light of the whole record. (Amended by Stats. 2021, Ch. 70, Sec. 31. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  107. 26044.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The panel must usually affirm or reverse the department’s decision, but may remand for reconsideration if relevant evidence was unavailable despite reasonable diligence or was wrongly excluded.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26044. (a) In appeals where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for reconsideration in the light of that evidence. (b) Except as provided in subdivision (a), in all appeals, the panel shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the panel may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department (Amended by Stats. 2021, Ch. 70, Sec. 32. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  108. 26045.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section limits court review of department decisions, lets affected persons seek a writ of review within 30 days, requires service of filed pleadings, and allows a court to stay the decision only by order.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26045. (a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the department in the performance of its duties, but a writ of mandate shall lie from the Supreme Court or the courts of appeal in any proper case. (b) Any person affected by a final order of the panel, including the department, may apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of that final order. (c) The application for writ of review shall be made within 30 days after filing of the final order. (d) The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this chapter. A copy of every pleading filed pursuant to this chapter shall be served on the panel, the department, and on each party who entered an appearance before the panel. (e) No decision of the department that has been appealed to the panel and no final order of the panel shall become effective during the period in which application may be made for a writ of review, as provided by subdivision (c). (f) The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the department, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, rule, or decision of the department subject to review, upon the terms and conditions which it by order directs. (Amended by Stats. 2021, Ch. 70, Sec. 33. (AB 141) Effective July 12, 2021.)
  109. 26046.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The court’s review is limited to specific record-based questions, and it may not hold a trial de novo, take evidence, or use its own judgment on the evidence.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26046. (a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether: (1) The department has proceeded without or in excess of its jurisdiction. (2) The department has proceeded in the manner required by law. (3) The decision of the department is supported by the findings. (4) The findings in the department’s decision are supported by substantial evidence in the light of the whole record. (5) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department. (b) Nothing in this chapter shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence. (Amended by Stats. 2021, Ch. 70, Sec. 34. (AB 141) Effective July 12, 2021.)
  110. 26047.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department’s factual findings are final and not reviewable. In a review proceeding, the panel, the department, and each party may appear, and the court must enter judgment affirming or reversing the department’s decision, or may send the case back for further proceedings or reconsideration.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 4. Appeals [26040 - 26047] ( Chapter 4 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26047. The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Those questions of fact shall include ultimate facts and the findings and conclusions of the department. The panel, the department, and each party to the action or proceeding before the panel shall have the right to appear in the review proceeding. Following the hearing, the court shall enter judgment either affirming or reversing the decision of the department, or the court may remand the case for further proceedings before or reconsideration by the department. (Amended by Stats. 2021, Ch. 70, Sec. 35. (AB 141) Effective July 12, 2021.)
  111. 2605.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must carry out licensing, examination, discipline, competency, training, reporting, and education functions for physical therapy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2605. The board shall do all of the following: (a) Evaluate the qualifications of applicants for licensure. (b) Provide for the examinations of physical therapists and physical therapist assistants and establish a passing score for each examination. (c) Issue all licenses for the practice of physical therapy in California. Except as otherwise required by the director pursuant to Section 164, the license issued by the board shall describe the licensee as a “physical therapist” or “physical therapist assistant” licensed by the Physical Therapy Board of California. (d) Suspend and revoke licenses and otherwise enforce the provisions of this chapter. (e) Administer a continuing competency program. (f) Participate, as a member, in the Delegate Assembly, and in applicable committee meetings, of the Federation of State Boards of Physical Therapy. (g) Publish, at least annually, a newsletter that includes, but is not limited to, actions taken by the board, disciplinary actions, and relevant statutory and regulatory changes. (h) Provide for the timely orientation and training of new professional and public member appointees to the board directly related to board licensing and disciplinary functions and board rules, policies, and procedures. (i) Adopt and administer a program of education in matters relevant to the regulation of physical therapy. (Added by Stats. 2013, Ch. 389, Sec. 10. (SB 198) Effective January 1, 2014.)
  112. 26050.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis licenses must be classified and labeled, and the department must set issuance and renewal procedures.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26050. (a) The license classification pursuant to this division shall, at a minimum, be as follows: (1) Type 1—Cultivation; Specialty outdoor; Small. (2) Type 1A—Cultivation; Specialty indoor; Small. (3) Type 1B—Cultivation; Specialty mixed-light; Small. (4) Type 1C—Cultivation; Specialty cottage; Small. (5) Type 2—Cultivation; Outdoor; Small. (6) Type 2A—Cultivation; Indoor; Small. (7) Type 2B—Cultivation; Mixed-light; Small. (8) Type 3—Cultivation; Outdoor; Medium. (9) Type 3A—Cultivation; Indoor; Medium. (10) Type 3B—Cultivation; Mixed-light; Medium. (11) Type 4—Cultivation; Nursery. (12) Type 5—Cultivation; Outdoor; Large. (13) Type 5A—Cultivation; Indoor; Large. (14) Type 5B—Cultivation; Mixed-light; Large. (15) Type 6—Manufacturer 1. (16) Type 7—Manufacturer 2. (17) Type 8—Testing laboratory. (18) Type 10—Retailer. (19) Type 11—Distributor. (20) Type 12—Microbusiness. (21) Type 13—Cannabis event organizer. (22) Type 14—Processor. (23) Type 15—Combined activities. (b) With the exception of testing laboratory licenses, which may be used to test cannabis and cannabis products regardless of whether they are intended for use by individuals who possess a physician’s recommendation, all licenses issued under this division shall bear a clear designation indicating whether the license is for commercial adult-use cannabis activity as distinct from commercial medicinal cannabis activity by prominently affixing an “A” or “M,” respectively. Examples of such a designation include, but are not limited to, “A-Type 1” or “M-Type 1.” Except as specifically specified in this division, the requirements for A-licenses and M-licenses shall be the same. For testing laboratories, the department shall create a license that indicates a testing laboratory may test both adult-use and medicinal cannabis. (c) A license issued pursuant to this division shall be valid for 12 months from the date of issuance. The license may be renewed annually. (d) The department shall establish procedures for the issuance and renewal of licenses. (Amended by Stats. 2024, Ch. 875, Sec. 3. (SB 1064) Effective January 1, 2025.)
  113. 26050.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may issue and renew certain provisional cannabis licenses for local equity applicants, but only under stated conditions, and must cancel them when an annual license is issued or denied or the application is abandoned or withdrawn.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26050.5. (a) Until January 1, 2031, the department may, in its sole discretion, issue a provisional license for a local equity applicant, as defined in Chapter 23 (commencing with Section 26240), for retailer activities, if the applicant has submitted a completed license application to the department, provided that the applicant meets the following requirements: (1) If compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) is not complete, evidence that compliance is underway. (2) If compliance with local ordinances enacted pursuant to Section 26200 is not complete, evidence that compliance is underway. (3) Compliance with paragraphs (5) and (11) of subdivision (a) of Section 26051.5. (b) A provisional license issued pursuant to this section shall be valid for no more than 12 months from the date it was issued or renewed. If the department issues or renews a provisional license, it shall include the outstanding items needed to qualify for an annual license specific to the licensee. (c) The department may, in its sole discretion, renew a provisional license for a local equity applicant for retailer activities issued pursuant to this section or Section 26050.2 until it issues or denies the provisional licensee’s annual license, subject to the requirements of this section, or until five years from the date the provisional license was originally issued pursuant to this section or Section 26050.2, whichever is earlier. (d) If compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) is not yet complete, the department shall not renew a provisional license pursuant to this section unless the department has determined that one of the following requirements has been met: (1) The lead agency is in the process of preparing a site-specific initial study, addendum, or checklist pursuant to Section 15063, 15164, 15168, or 15183 of Title 14 of the California Code of Regulations to demonstrate whether it is consistent with a previously circulated and adopted negative declaration, mitigated negative declaration, or environmental impact report. (2) If a local jurisdiction is the lead agency, the lead agency has made substantial progress during the previous 12-month licensure term toward completing project-specific environmental review by drafting, preparing, or circulating for public review an environmental document pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) If the department is the lead agency, information requested by the department of the provisional licensee demonstrates the furtherance of environmental review. (4) Information submitted to the department by the provisional licensee applicant demonstrates evidence of substantial progress toward compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) during the previous 12-month licensure term. (e) The department, in its sole discretion, may allow a provisional licensee to move locations after the date provisional licenses can no longer be issued provided that the new location is approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code. If all other renewal requirements are satisfied, the department may also renew the license at the new location. (f) The department may, in its sole discretion, revoke or suspend a provisional license if it determines the licensee failed to actively and diligently pursue requirements for the annual license. The department shall adopt regulations clarifying what constitutes actively and diligently pursuing requirements for the annual license. (g) The department shall cancel a provisional license upon issuance of an annual license, denial of an annual license, abandonment of an application for licensure, or withdrawal of an application for licensure. (h) Except as specified in this section, the provisions of this division shall apply to a provisional license in the same manner as to an annual license. (i) Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a license pursuant to this section by the department, except as otherwise provided in this section. (j) Refusal by the department to issue a license pursuant to this section or revocation or suspension by the department of a license issued pursuant to this section 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 and Chapter 4 (commencing with Section 26040) of this division and Sections 26031 and 26058 do not apply to licenses issued pursuant to this section. (k) (1) On or before January 1, 2030, the department shall report to the appropriate committees of the Legislature on the number of provisional licenses that have been granted under this section, the number of provisional licenses that have been canceled for each of the circumstances provided in subdivision (g), and the number of provisional licenses granted under this section that remain active at the time of the report. (2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 593, Sec. 2. (SB 51) Effective January 1, 2024.)
  114. 26051.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section applies certain competition laws to cannabis licensees and makes it unlawful for anyone to monopolize or try to monopolize cannabis-related trade or commerce.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26051. (a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division. (b) It shall be unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any person or persons to monopolize, any part of the trade or commerce related to cannabis. The Attorney General shall have the sole authority to enforce the provisions of this subdivision. (Amended by Stats. 2024, Ch. 875, Sec. 4. (SB 1064) Effective January 1, 2025.)
  115. 26051.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Applicants for a state cannabis license must provide detailed application materials, background-check information, and labor-peace-agreement statements when the employee thresholds in the section are met.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26051.5. (a) An applicant for a state license issued pursuant to this division to conduct commercial cannabis activity, as defined in Section 26001, shall do all of the following: (1) Except as provided in subparagraph (G), require that each owner, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of Section 26001, electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state and federal arrests, and also information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal. (A) Notwithstanding any other law, the department may obtain criminal history information from the Department of Justice and the Federal Bureau of Investigation for an applicant or its owners, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of Section 26001, for any state license, as described in Section 26050, under this division pursuant to subdivision (u) of Section 11105 of the Penal Code. (B) When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the licensing authority. (C) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (D) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants. (E) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph. (F) Notwithstanding any other law, a licensing authority may request and receive from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to a licensing authority upon request. (G) If an owner has previously submitted fingerprint images and related information required by the Department of Justice pursuant to this paragraph in connection with a valid state license issued by a licensing authority, all of the following apply: (i) The owner shall not be required to submit additional fingerprint images and related information pursuant to this paragraph in connection with a subsequent application for a state license. (ii) The department shall not consider the owner’s criminal history information obtained from the fingerprint images and related information that were previously submitted pursuant to this paragraph when considering whether to issue a subsequent state license. (iii) An owner shall not be required to resubmit owner-related information previously provided to the department. (2) Provide evidence of the legal right to occupy and use the proposed location and provide a statement from the landowner of real property or that landowner’s agent where the commercial cannabis activity will occur, as proof to demonstrate the landowner has acknowledged and consented to permit commercial cannabis activities to be conducted on the property by the tenant applicant. (3) Provide evidence that the proposed location is in compliance with subdivision (b) of Section 26054. (4) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. (5) (A) (i) For an applicant with 20 or more employees, or an applicant with 10 or more employees that submits an application on or after July 1, 2024, provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement. On and after July 1, 2024, the department shall not renew a license for a licensee with 10 or more employees unless the licensee provides a statement that the licensee has already entered into and will abide by the terms of a labor peace agreement. (ii) For an applicant with 10 or more employees but less than 20 employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within 60 days of employing its 20th employee, or on or before July 1, 2024, whichever is earlier. (iii) For an applicant with less than 10 employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within 60 days of employing its 10th employee, or on or before July 1, 2024, whichever is later. (iv) Nothing in this paragraph shall be construed to limit the authority of the department to revoke or suspend a license for a violation of this paragraph. (B) Compliance with the terms of an applicable labor peace agreement is a condition of licensure. A licensee seeking renewal of any license shall attest to the department that it remains in compliance with the terms of any applicable labor peace agreement. (C) Any labor organization, or any current or former employee of the relevant licensee, may report to the department that a licensee has failed to provide a truthful attestation of compliance with subparagraph (B). (i) The reporting party shall provide documentation, in a form and manner required by the department, to substantiate their allegation before the department considers it. The department shall collaborate with such agencies as it deems relevant to evaluate the report. (ii) If the department substantiates the validity of a report made pursuant to this subparagraph, the department may suspend, revoke, place on probation with terms and conditions, or otherwise discipline the license and fine the licensee. (D) (i) Any labor organization, or any current or former employee of the relevant licensee, may file a complaint with the Agricultural Labor Relations Board that an organization with which a licensee has entered into a labor peace agreement is not a bona fide labor organization. (ii) The Agricultural Labor Relations Board shall consider all relevant evidence provided or obtained in rendering a decision on whether the entity is a bona fide labor organization and issue a report with its findings no later than 90 days from receiving the complaint. (iii) If the Agricultural Labor Relations Board determines that the entity is not a bona fide labor organization, the labor peace agreement shall be null and void. The department shall promptly notify all licensees that have signed labor peace agreements with the entity that the entity was found not to be a bona fide labor organization and offer those licensees a reasonable time period, not to exceed 180 days, to enter into a labor peace agreement with a bona fide labor organization. Failure to enter into a labor peace agreement with a bona fide labor organization after that reasonable time period shall be a violation of this section. (E) For the purposes of this paragraph, all of the following shall apply: (i) “Employee” does not include a supervisor. (ii) “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for employees. (iii) “Supervisor” means an individual having authority, in the interest of the applicant, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (6) Provide the applicant’s valid seller’s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit. (7) Provide any other information required by the department. (8) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law. (9) Pay all applicable fees required for licensure by the department. (10) Provide proof of a bond to cover the costs of destruction of cannabis or cannabis products if necessitated by a violation of this division. The costs of destruction include, but are not limited to, all administrative, investigatory, and enforcement costs incurred by the department. (11) (A) Provide a statement, upon initial application and application for renewal, that the applicant employs, or will employ within one year of receiving or renewing a license, one supervisor and one employee who have successfully completed a Division of Occupational Safety and Health 30-hour general industry outreach course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course. This paragraph shall not be construed to alter or amend existing requirements for employers to provide occupational safety and health training to employees. (B) An applicant with only one employee shall not be subject to subparagraph (A). (C) For purposes of this paragraph “employee” has the same meaning as provided in clause (i) of subparagraph (E) of paragraph (5) and “supervisor” has the same meaning as provided in clause (iii) of subparagraph (E) of paragraph (5). (b) An applicant shall also include in the application a detailed description of the applicant’s operating procedures for all of the following, as required by the department: (1) Cultivation. (2) Extraction and infusion methods. (3) The transportation process. (4) Inventory procedures. (5) Quality control procedures. (6) Security protocols. (7) For applicants seeking licensure to cultivate, the source or sources of water the applicant will use for cultivation, as provided in subdivisions (a) to (c), inclusive, of Section 26060.1. For purposes of this paragraph, “cultivation” as used in Section 26060.1 shall have the same meaning as defined in Section 26001. The department shall consult with the State Water Resources Control Board and the Department of Fish and Wildlife in the implementation of this paragraph. (c) The applicant shall also provide a complete detailed diagram of the proposed premises wherein the license privileges will be exercised, with sufficient particularity to enable ready determination of the bounds of the premises, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, and common or shared entryways, and include a brief statement or description of the principal activity to be conducted therein, and, for licenses permitting cultivation, measurements of the planned canopy, including aggregate square footage and individual square footage of separate cultivation areas, if any, roads, water crossings, points of diversion, water storage, and all other facilities and infrastructure related to the cultivation. (d) Provide a complete list of every person with a financial interest in the person applying for the license as required by the department. For purposes of this subdivision, “persons with a financial interest” does not include persons whose only interest in a licensee is an interest in a diversified mutual fund, blind trust, or similar instrument. (Amended by Stats. 2025, Ch. 592, Sec. 34.5. (SB 861) Effective January 1, 2026.)
  116. 26052.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis licensees must not engage in specified anti-competitive conduct, and any person or trade association may sue to stop a violation and recover damages.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26052. (a) A licensee shall not perform any of the following acts, or permit any of the following acts to be performed by any employee, agent, or contractor of the licensee: (1) Make any contract in restraint of trade in violation of Section 16600. (2) Form a trust or other prohibited organization in restraint of trade in violation of Section 16720. (3) Make a sale or contract for the sale of cannabis or cannabis products, or to fix a price charged therefor, or discount from, or rebate upon, that price, on the condition, agreement, or understanding that the consumer or purchaser thereof shall not use or deal in the goods, merchandise, machinery, supplies, commodities, or services of a competitor or competitors of the seller, where the effect of that sale, contract, condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of trade or commerce. (4) Sell any cannabis or cannabis products at less than cost for the purpose of injuring competitors, destroying competition, or misleading or deceiving purchasers or prospective purchasers. (5) Discriminate between different sections, communities, or cities or portions thereof, or between different locations in those sections, communities, or cities or portions thereof in this state, by selling or furnishing cannabis or cannabis products at a lower price in one section, community, or city or any portion thereof, or in one location in that section, community, or city or any portion thereof, than in another, for the purpose of injuring competitors or destroying competition. (6) Sell any cannabis or cannabis products at less than the cost thereof to such vendor, or to give away any article or product for the purpose of injuring competitors or destroying competition. (b) Any person who, either as director, officer, or agent of any firm or corporation, or as agent of any person, violates the provisions of this chapter, or assists or aids, directly or indirectly, in that violation is responsible therefor equally with the person, firm, or corporation for which that person acts. (c) Any person or trade association may bring an action to enjoin and restrain any violation of this section for the recovery of damages. (Amended by Stats. 2017, Ch. 27, Sec. 36. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  117. 26053.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Commercial cannabis activity generally must be conducted between licensees. Testing laboratory license holders face extra limits on other licenses, employment, and financial interests, and applicants or licensees must get a separate license for each location.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26053. (a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division. (b) (1) A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license. (2) A person with a financial interest in a state testing laboratory license under this division is prohibited from holding a financial interest in any other type of cannabis license. (c) Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division. (d) Each applicant or licensee shall apply for, and if approved, shall obtain, a separate license for each location where it engages in commercial cannabis activity. (Amended by Stats. 2021, Ch. 70, Sec. 40. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  118. 26054.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis licensees may not sell alcohol or tobacco on licensed premises, and licensed premises generally must stay at least 600 feet from a school, daycare center, or youth center unless a different radius is set by the department or a local jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26054. (a) A licensee shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division. (b) A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued, unless the department or a local jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law. (c) It shall not be a violation of state or local law for a business engaged in the manufacture of cannabis accessories to possess, transport, purchase, or otherwise obtain small amounts of cannabis or cannabis products as necessary to conduct research and development related to the cannabis accessories, provided the cannabis and cannabis products are obtained from a person licensed under this division permitted to provide or deliver the cannabis or cannabis products. (d) It shall not be a violation of state or local law for an agent of the department to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the department. (e) It shall not be a violation of state or local law for an agent of a state agency, as defined in Section 1100 of the Government Code, or a local agency, as defined in Section 50001 of the Government Code, to possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the duties of the state or local agency. (Amended by Stats. 2021, Ch. 70, Sec. 41. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  119. 26055.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may issue cannabis state licenses only to qualified applicants, and local compliance can block approval or renewal.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26055. (a) The department may issue state licenses only to qualified applicants. (b) Revocation of a state license issued under this division shall terminate the ability of the licensee to operate pursuant to that license within California until a new license is obtained. (c) A licensee shall not change or alter the premises in a manner which materially or substantially alters the premises, the usage of the premises, or the mode or character of business operation conducted from the premises, from the plan contained in the diagram on file with the application, unless and until written approval by the department has been obtained. For purposes of this section, material or substantial physical changes of the premises, or in the usage of the premises, shall include, but not be limited to, a substantial increase or decrease in the total area of the licensed premises previously diagrammed, or any other physical modification resulting in substantial change in the mode or character of business operation. (d) The department shall not approve an application for a state license under this division if approval of the state license will violate the provisions of any local ordinance or regulation adopted in accordance with Section 26200. (e) An applicant may voluntarily provide proof of a license, permit, or other authorization from the local jurisdiction verifying that the applicant is in compliance with the local jurisdiction. An applicant that voluntarily submits a valid, unexpired license, permit, or other authorization from the local jurisdiction shall be presumed to be in compliance with all local ordinances unless the department is notified otherwise by the local jurisdiction. The department shall notify the contact person for the local jurisdiction of any applicant that voluntarily submits a valid, unexpired license, permit, or other authorization from the local jurisdiction. (f) (1) A local jurisdiction shall provide to the department a copy of any ordinance or regulation related to commercial cannabis activity and the name and contact information for the person who will serve as the contact for the department regarding commercial cannabis activity within the jurisdiction. If a local jurisdiction does not provide a contact person, the department shall assume that the clerk of the legislative body of the local jurisdiction is the contact person. (2) Whenever there is a change in a local ordinance or regulation adopted pursuant to Section 26200 or a change in the contact person for the jurisdiction, the local jurisdiction shall provide that information to the department. (g) (1) The department shall deny an application for a license under this division for a commercial cannabis activity that the local jurisdiction has notified the department is prohibited in accordance with subdivision (f). The department shall notify the contact person for the local jurisdiction of each application denied due to the local jurisdiction’s indication that the commercial cannabis activity for which a license is sought is prohibited by a local ordinance or regulation. (2) Prior to issuing a state license under this division for any commercial cannabis activity, if an applicant has not provided adequate proof of compliance with local laws pursuant to subdivision (e): (A) The department shall notify the contact person for the local jurisdiction of the receipt of an application for commercial cannabis activity within their jurisdiction. (B) A local jurisdiction may notify the department that the applicant is not in compliance with a local ordinance or regulation. In this instance, the department shall deny the application. (C) A local jurisdiction may notify the department that the applicant is in compliance with all applicable local ordinances and regulations. In this instance, the department may proceed with the licensing process. (D) If the local jurisdiction does not provide notification of compliance or noncompliance with applicable local ordinances or regulations, or otherwise does not provide notification indicating that the completion of the local permitting process is still pending, within 60 business days of receiving the inquiry from the department submitted pursuant to subparagraph (A), the department shall make a rebuttable presumption that the applicant is in compliance with all local ordinances and regulations adopted in accordance with Section 26200, except as provided in subparagraphs (E) and (F). (E) At any time after expiration of the 60-business-day period set forth in subparagraph (D), the local jurisdiction may provide written notification to the department that the applicant or licensee is not in compliance with a local ordinance or regulation adopted in accordance with Section 26200. Upon receiving this notification, the department shall not presume that the applicant or licensee has complied with all local ordinances and regulations adopted in accordance with Section 26200, and may commence disciplinary action in accordance with Chapter 3 (commencing with Section 26030). If the department does not take action against the licensee before the time of the renewal of the license, the license shall not be renewed until and unless the local jurisdiction notifies the department that the licensee is once again in compliance with local ordinances. (F) A presumption by the department pursuant to this paragraph that an applicant has complied with all local ordinances and regulations adopted in accordance with Section 26200 shall not prevent, impair, or preempt the local government from enforcing all applicable local ordinances or regulations against the applicant, nor shall the presumption confer any right, vested or otherwise, upon the applicant to commence or continue operating in any local jurisdiction except in accordance with all local ordinances or regulations. (3) For purposes of this section, “notification” includes written notification or access by the department to a local jurisdiction’s registry, database, or other platform designated by a local jurisdiction, containing information specified by the department, on applicants to determine local compliance. (h) Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. To qualify for this exemption, the discretionary review in any such law, ordinance, rule, or regulation shall include any applicable environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall become inoperative on July 1, 2021. (i) A local or state public agency may charge and collect a fee from a person proposing a project pursuant to subdivision (a) of Section 21089 of the Public Resources Code. (Amended by Stats. 2021, Ch. 70, Sec. 43. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  120. 26056.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    All licensees must follow the requirements of Health and Safety Code Sections 13143.9, 13145, and 13146.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26056. The requirements of Sections 13143.9, 13145, and 13146 of the Health and Safety Code shall apply to all licensees. (Repealed and added by Stats. 2017, Ch. 27, Sec. 44. (SB 94) Effective June 27, 2017.)
  121. 26057.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must deny a cannabis license application if the applicant or premises do not qualify, and it may deny licensure or renewal for listed reasons.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26057. (a) The department shall deny an application if either the applicant, or the premises for which a state license is applied, do not qualify for licensure under this division. (b) The department may deny the application for licensure or renewal of a state license if any of the following conditions apply: (1) Failure or inability to comply with the provisions of this division, any rule or regulation adopted pursuant to this division, or any requirement imposed to protect natural resources, including, but not limited to, protections for instream flow, water quality, and fish and wildlife. (2) Conduct that constitutes grounds for denial of licensure under Chapter 2 (commencing with Section 480) of Division 1.5, except as otherwise specified in this section and Section 26059. (3) Failure to provide information required by the department. (4) The applicant, owner, or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the department determines that the applicant, owner, or licensee is otherwise suitable to be issued a license, and granting the license would not compromise public safety, the department shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or owner, and shall evaluate the suitability of the applicant, owner, or licensee to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the department shall include, but not be limited to, the following: (A) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code. (B) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code. (C) A felony conviction involving fraud, deceit, or embezzlement. (D) A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. (E) A felony conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code. (5) Except as provided in subparagraphs (D) and (E) of paragraph (4) and notwithstanding Chapter 2 (commencing with Section 480) of Division 1.5, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is not considered substantially related, and shall not be the sole ground for denial of a license. Conviction for any controlled substance felony subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license. (6) The applicant, or any of its officers, directors, or owners, has been subject to fines, penalties, or otherwise been sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code. (7) The applicant, or any of its officers, directors, or owners, has been sanctioned by the department, the Bureau of Cannabis Control, the Department of Food and Agriculture, or the State Department of Public Health or a city, county, or city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the department. (8) Failure to obtain and maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (9) Any other condition specified in law. (c) The withdrawal of an application for a license after it has been filed with the department shall not deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any ground. (Amended by Stats. 2021, Ch. 70, Sec. 44. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  122. 26058.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    If a license application is denied, the department must notify the applicant in writing. The applicant then has 30 days after service of that notice to file a written petition, and the department must set a timely petition for hearing.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26058. Upon the denial of any application for a license, the department shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written petition for a license with the department. Upon receipt of a timely filed petition, the department shall set the petition for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. Any appeal from a final decision of the department shall be conducted in accordance with Chapter 4 (commencing with Section 26040). (Amended by Stats. 2021, Ch. 70, Sec. 45. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  123. 26059.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    An applicant cannot be denied a state license solely because of certain related convictions or acts, including convictions covered by rehabilitation or later dismissal rules.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 5. Licensing [26050 - 26059] ( Chapter 5 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26059. An applicant shall not be denied a state license if the denial is based solely on any of the following: (a) A conviction or act that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made for which the applicant or licensee has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (b) A conviction that was subsequently dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code or any other provision allowing for dismissal of a conviction. (Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
  124. 2606.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    Each board member must receive a per diem and expenses, according to Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2606. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 1996, Ch. 829, Sec. 9. Effective January 1, 1997.)
  125. 26060.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section treats cannabis as an agricultural product and sets rules for cannabis cultivation licensing, pesticide use, and related reporting and standards.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26060. (a) (1) For the purposes of this division, cannabis is an agricultural product. (2) In issuing cannabis cultivation licenses, the department shall consider issues, including, but not limited to, water use and environmental impacts. If the State Water Resources Control Board or the Department of Fish and Wildlife finds, based on substantial evidence, that cannabis cultivation is causing significant adverse impacts on the environment in a watershed or other geographic area, the department shall not issue new cultivation licenses or authorize increased production within that watershed or area. (b) The regulations related to cannabis cultivation shall do all of the following: (1) Provide that weighing or measuring devices used in connection with the sale or distribution of cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001). (2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws. (3) Prescribe standards for the reporting of information as necessary related to unique identifiers pursuant to Chapter 6.5 (commencing with Section 26067). (c) The Department of Pesticide Regulation shall develop guidelines for the use of pesticides in the cultivation of cannabis and residue in harvested cannabis. (d) A cannabis cultivator shall not use any pesticide that has been banned for use in the state. An industrial hemp cultivator shall not transfer or sell industrial hemp to a licensee if a banned pesticide was used in its cultivation. (e) The regulations adopted by the department under this division shall implement the requirements of subdivision (b) of Section 26060.1. (f) The Department of Pesticide Regulation shall require that the application of pesticides or other pest control in connection with the indoor, outdoor, nursery, specialty cottage, or mixed-light cultivation of cannabis complies with Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations. (Amended by Stats. 2025, Ch. 248, Sec. 12. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  126. 26060.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A cultivation-license application must identify its water source, and the department must include specified water and environmental conditions in the license.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26060.1. (a) An application for a license for cultivation issued by the department shall identify the source of water supply as follows: (1) (A) If water will be supplied by a retail water supplier, as defined in Section 13575 of the Water Code, the application shall identify the retail water supplier. (B) Paragraphs (2) and (3) do not apply to any water subject to subparagraph (A) unless the retail water supplier has 10 or fewer customers, the applicant receives 10 percent or more of the water supplied by the retail water supplier, 25 percent or more of the water delivered by the retail water supplier is used for cannabis cultivation, or the applicant and the retail water supplier are affiliates, as defined in Section 2814.20 of Title 23 of the California Code of Regulations. (2) If the water supply includes a diversion within the meaning of Section 5100 of the Water Code, the application shall identify the point of diversion and the maximum amount to be diverted as follows: (A) For an application submitted before January 1, 2019, the application shall include a copy of one of the following: (i) A small irrigation use registration certificate, permit, or license issued pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code that covers the diversion. (ii) A statement of water diversion and use filed with the State Water Resources Control Board on or before October 31, 2017, that covers the diversion and specifies the amount of water used for cannabis cultivation. (iii) A pending application for a permit to appropriate water, filed with the State Water Resources Control Board on or before October 31, 2017. (iv) Documentation submitted to the State Water Resources Control Board on or before January 1, 2019, demonstrating that the diversion is subject to subdivision (a), (c), (d), or (e) of Section 5101 of the Water Code. (v) Documentation submitted to the State Water Resources Control Board on or before October 31, 2017, demonstrating that the diversion is authorized under a riparian right and that no diversion occurred after January 1, 2010, and before January 1, 2017. The documentation shall be submitted on or accompany a form provided by the State Water Resources Control Board and shall include all of the information outlined in subdivisions (a) to (d), inclusive, and (e) of Section 5103 of the Water Code. The documentation shall also include a general description of the area in which the water will be used in accordance with subdivision (g) of Section 5103 of the Water Code and the year in which the diversion is planned to commence. (B) For an application submitted after December 31, 2018, the application shall include a copy of one of the following: (i) A small irrigation use registration certificate, permit, or license issued pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code that covers the diversion. (ii) A statement of water diversion and use filed with the State Water Resources Control Board that covers the diversion and specifies the amount of water used for cannabis cultivation. (iii) Documentation submitted to the State Water Resources Control Board demonstrating that the diversion is subject to subdivision (a), (c), (d), or (e) of Section 5101 of the Water Code. (iv) Documentation submitted to the State Water Resources Control Board demonstrating that the diversion is authorized under a riparian right and that no diversion occurred after January 1, 2010, and in the calendar year in which the application is submitted. The documentation shall be submitted on or accompany a form provided by the State Water Resources Control Board and shall include all of the information outlined in subdivisions (a) to (d), inclusive, and (e) of Section 5103 of the Water Code. The documentation shall also include a general description of the area in which the water will be used in accordance with subdivision (g) of Section 5103 of the Water Code and the year in which the diversion is planned to commence. (3) If water will be supplied from a groundwater extraction not subject to paragraph (2), the application shall identify the location of the extraction and the maximum amount to be diverted for cannabis cultivation in any year. (b) The department shall include in any license for cultivation all of the following: (1) Conditions requested by the Department of Fish and Wildlife and the State Water Resources Control Board to: (A) ensure that individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability; (B) ensure that cultivation does not negatively impact springs, riparian habitat, wetlands, or aquatic habitat; and (C) otherwise protect fish, wildlife, fish and wildlife habitat, and water quality. The conditions shall include, but not be limited to, the principles, guidelines, and requirements established pursuant to Section 13149 of the Water Code. (2) Any relevant mitigation requirements the department identifies as part of its approval of the final environmental documentation for the cannabis cultivation licensing program as requirements that should be included in a license for cultivation. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the identification of these mitigation measures. This paragraph does not reduce any requirements established pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (3) A condition that the license shall not be effective until the licensee has demonstrated compliance with Section 1602 of the Fish and Game Code or receives written verification from the Department of Fish and Wildlife that a streambed alteration agreement is not required. (c) The department shall consult with the State Water Resources Control Board and the Department of Fish and Wildlife in the implementation of this section. (d) Notwithstanding paragraph (1) of subdivision (b), the department is not responsible for verifying compliance with the conditions requested or imposed by the Department of Fish and Wildlife or the State Water Resources Control Board. The Department of Fish and Wildlife or the State Water Resources Control Board, upon finding and making the final determination of a violation of a condition included pursuant to paragraph (1) of subdivision (b), shall notify the department, which may take appropriate action with respect to the licensee in accordance with Chapter 3 (commencing with Section 26030). (Amended by Stats. 2021, Ch. 70, Sec. 47. (AB 141) Effective July 12, 2021.)
  127. 26061.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section lists cannabis cultivation license types, sets canopy-size definitions, limits some license numbers, and restricts when certain licensees may apply for or hold other licenses.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26061. (a) The state cultivator license types to be issued by the department under this division shall include all of the following: (1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. (2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of between 501 and 5,000 square feet of total canopy size on one premises. (3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the department of between 2,501 and 5,000 square feet of total canopy size on one premises. (4) Type 1C, or “specialty cottage,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the department, of 2,500 square feet or less of total canopy size for mixed-light cultivation, 2,500 square feet or less of total canopy size for outdoor cultivation with the option to meet an alternative maximum threshold to be determined by the department of up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. (5) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (6) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (7) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the department, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (8) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The department shall limit the number of licenses allowed of this type. (9) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The department shall limit the number of licenses allowed of this type. (10) Type 3B, or “mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the department between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The department shall limit the number of licenses allowed of this type. (11) Type 4, or “nursery,” for cultivation of cannabis solely as a nursery. (b) Except as otherwise provided by law: (1) Type 5, or “outdoor,” means for outdoor cultivation using no artificial lighting greater than one acre, inclusive, of total canopy size on one premises. (2) Type 5A, or “indoor,” means for indoor cultivation using exclusively artificial lighting greater than 22,000 square feet, inclusive, of total canopy size on one premises. (3) Type 5B, or “mixed-light,” means for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the department greater than 22,000 square feet, inclusive, of total canopy size on one premises. (c) No Type 5, Type 5A, or Type 5B cultivation licenses may be issued before January 1, 2023. (d) Commencing on January 1, 2023, a Type 5, Type 5A, or Type 5B licensee may apply for and hold a Type 6 or Type 7 license and apply for and hold a Type 10 license. A Type 5, Type 5A, or Type 5B licensee shall not be eligible to apply for or hold any of the following license types: (1) Type 8. (2) Type 11. (3) Type 12, authorized to engage in Type 11 distribution. (4) Type 15, authorized to engage in Type 11 distribution. (e) A licensee that holds a cultivation license eligible for conversion to a Type 5, Type 5A, or Type 5B shall not be eligible to apply for or hold a Type 15 license for those cultivation activities eligible for conversion, or that includes a Type 11 distribution. (Amended by Stats. 2024, Ch. 875, Sec. 6. (SB 1064) Effective January 1, 2025. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  128. 26061.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section requires the department to let cultivation licensees change certain license types at renewal and to place licenses in inactive status, with limits and fee rules.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26061.5. (a) Beginning no later than March 1, 2024, the department shall allow a cultivation licensee to do both of the following: (1) Change the type of size of a cultivation license as set forth in subdivision (b). (2) Place a cultivation license in inactive status as set forth in subdivision (c). (b) The department shall allow a licensee to change the type of size of a cultivation license, as follows: (1) At the time of license renewal, a licensee may change an existing cultivation license to a cultivation license type with a smaller maximum canopy size. (2) At the time of each subsequent license renewal, a licensee may do any of the following: (A) Restore the licensee’s original cultivation license type. (B) Maintain the cultivation license type selected by the licensee pursuant to paragraph (1). (C) Change to a different cultivation license type with a maximum canopy size smaller than the licensee’s original cultivation license type, which may be larger or smaller than the cultivation license type selected by the licensee pursuant to paragraph (1). (3) If a licensee holds a provisional license, the licensee may do either of the following, at the election of the licensee: (A) Continue to pursue the requirements for annual licensure in connection with the licensee’s original cultivation license type. (B) Pursue the requirements for annual licensure in connection with a smaller cultivation license type selected pursuant to this subdivision. (4) Nothing in this subdivision requires the department to allow changes to nursery licenses or to the classification of a cultivation license as indoor, outdoor, or mixed-light. (c) The department shall allow a licensee to place a cultivation license in inactive status at the time of license renewal, as follows: (1) A licensee who holds a license in inactive status shall not engage in the cultivation of cannabis, except that the department may allow a licensee with a license in inactive status to do both of the following: (A) Engage in the drying, curing, grading, trimming, packaging, and sale of cannabis harvested before the date the license was placed in inactive status. (B) Possess and maintain seeds and immature plants used solely for propagation to preserve the genetic lineage of the licensee’s cannabis plants. (2) A license in inactive status shall remain in inactive status until the license is next renewed. At that next renewal, and at each renewal thereafter, the license may be placed in either active or inactive status, at the election of the licensee. (3) A licensee who holds a license in inactive status shall pay a reduced license fee in an amount determined by the department in accordance with Section 26180. (4) A license in inactive status shall remain a license issued pursuant to this division. All of the following apply to a licensee who holds a license in inactive status: (A) The licensee shall continue to comply with all laws and regulations applicable to cultivation licensees. (B) If the licensee holds a provisional license, the licensee shall continue to pursue requirements for annual licensure. (C) The licensee shall be allowed to maintain eligibility for state programs available to cultivation licensees, including, but not limited to, grant programs. (d) Notwithstanding subdivision (c) of Section 26050, the department shall allow each licensee a one-time opportunity to change the date of license renewal, in implementing subdivisions (b) and (c). (e) Notwithstanding any other law, the department may adopt emergency regulations to implement this section. The provisions of Section 26013 shall be applicable to emergency regulations adopted or readopted pursuant to this section. The adoption of emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (Added by Stats. 2023, Ch. 886, Sec. 1. (SB 833) Effective January 1, 2024.)
  129. 26062.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The Department of Food and Agriculture and the State Department of Public Health must create cannabis-related programs by July 1, 2021, and both agencies can collect fees, impose penalties, and take enforcement actions under this section.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26062. (a) (1) (A) No later than July 1, 2021, the Department of Food and Agriculture shall establish a program for cannabis that is comparable to the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and the California Organic Food and Farming Act (Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code) and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. For purposes of administrating this paragraph, the Department of Food and Agriculture shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (B) The Department of Food and Agriculture may collect fees to cover the reasonable regulatory costs of performing duties pursuant to this paragraph. The Department of Food and Agriculture may deny, suspend, or revoke a registration or certification issued under the program established pursuant to this paragraph for a violation of the program or Section 26062.5. A violation of the program established pursuant to this paragraph or Section 26062.5 may also be subject to a civil penalty in an amount not to exceed thirty thousand dollars ($30,000) for each individual violation. (C) A person may request a hearing to contest a denial, suspension, revocation, or civil penalty levied pursuant to this paragraph by submitting a written request within 30 days of service. The hearing shall be held pursuant to the provisions of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and any informal hearing regulations adopted by the Department of Food and Agriculture. (D) After the exhaustion of the administrative and judicial review procedures, the Department of Food and Agriculture may apply to the appropriate superior court for a judgment in the amount of the administrative penalty and an order compelling the person to comply with the order of the Department of Food and Agriculture. The application, which shall include a certified copy of the final order of the Department of Food and Agriculture, shall constitute a sufficient showing to warrant the issuance of the judgment and order. (E) Any penalties or fees collected by the Department of Food and Agriculture pursuant to this paragraph shall be deposited in the Department of Food and Agriculture Fund. (2) (A) No later than July 1, 2021, the State Department of Public Health shall establish a certification program for manufactured cannabis products that is comparable to the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), the California Organic Food and Farming Act (Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. For purposes of administrating this paragraph, the State Department of Public Health shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (B) For the purposes of enforcement of this paragraph, any authorized agent of the State Department of Public Health, including those defined in Section 109945 of the Health and Safety Code, may examine records and inspect the premises of a cannabis manufacturer and embargo cannabis products in that premises as necessary to perform the duties pursuant to this paragraph. (C) The State Department of Public Health may collect fees to cover the reasonable regulatory costs of performing duties pursuant to this paragraph. The State Department of Public Health may deny, suspend, or revoke a registration or certification issued pursuant to this paragraph for a violation of the certification program or for a violation of Section 26062.5, consistent with Section 110875 of the Health and Safety Code. The State Department of Public Health may levy a civil penalty for a violation of the certification program or Section 26062.5. The amount of any penalty imposed pursuant to this paragraph shall be consistent with Section 110915 of the Health and Safety Code. A person subject to a penalty shall have the right to an informal hearing, consistent with Section 110915 of the Health and Safety Code. Any penalties or fees collected by the State Department of Public Health pursuant to this paragraph shall be deposited in the Food Safety Fund established pursuant to Section 110050 of the Health and Safety Code for use by the State Department of Public Health, upon appropriation by the Legislature, for the purpose of administering the certification program. (b) If at any time preceding or following the establishment of a program pursuant to subdivision (a), the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)) authorizes organic designation and certification for cannabis, this section shall become inoperative and, as of January 1, of the following year, is repealed. (Amended (as amended by Stats. 2021, Ch. 70, Sec. 49) by Stats. 2021, Ch. 87, Sec. 4. (SB 160) Effective July 16, 2021. Conditionally inoperative as prescribed by its own provisions. Repealed, by its own provisions, on January 1 following inoperative date.)
  130. 26062.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A person must not sell, offer for sale, or represent cannabis or cannabis products as organic unless the sale or representation complies with the National Organic Program, if applicable, or with the referenced state subdivision for the cited designation or certification.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26062.5. A person shall not represent, sell, or offer for sale any cannabis or cannabis product as organic except in accordance with the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), if applicable. A person shall not represent, sell, or offer for sale any cannabis or cannabis product with the designation or certification established by the Department of Food and Agriculture or the State Department of Public Health pursuant to subdivision (a) of Section 26062 except in accordance with that subdivision. (Amended by Stats. 2019, Ch. 40, Sec. 8. (AB 97) Effective July 1, 2019.)
  131. 26063.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must set origin-designation standards for cannabis by January 1, 2018, and the Department of Food and Agriculture must set an appellation-of-origin process by January 1, 2022. Cannabis product origin names may only be used when the cannabis meets the stated origin rules.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26063. (a) (1) No later than January 1, 2018, the department shall establish standards by which a licensed cultivator may designate a county, city, or city and county of origin for cannabis. To be eligible for the designation, 100 percent of the cannabis shall be produced within the designated county, city, or city and county, as defined by finite political boundaries. (2) Cannabis shall not be advertised, marketed, labeled, or sold as produced in a California county, city, or city and county, including any similar name that is likely to mislead consumers as to the kind of cannabis, when the cannabis was not produced in that county, city, or city and county. (3) The name of a California county, city, or city and county, including any similar name that is likely to mislead consumers as to the kind of cannabis contained in the product, shall not be used in the advertising, labeling, marketing, or packaging of cannabis products unless 100 percent of the cannabis contained in the product was produced in that county, city, or city and county. (b) (1) No later than January 1, 2022, the Department of Food and Agriculture shall establish a process by which licensed cultivators may establish appellations of origin, including standards, practices, and cultivars applicable to cannabis produced in a certain geographical area in California, not otherwise specified in subdivision (a). (2) Cannabis shall not be advertised, marketed, labeled, or sold using an appellation of origin established pursuant to paragraph (1), including any similar name that is likely to mislead consumers as to the kind of cannabis, unless the cannabis meets the appellation of origin requirements for, and was produced in, the geographical area. (3) An appellation of origin established pursuant to this subdivision, including any similar name that is likely to mislead consumers as to the kind of cannabis contained in a product, shall not be used in the advertising, labeling, marketing, or packaging of a cannabis product unless 100 percent of the cannabis contained in the product meets the appellation of origin requirements and was produced in the geographical area. (4) The Department of Food and Agriculture may collect fees to cover the reasonable regulatory costs of performing duties pursuant to this section. Any fees collected by the Department of Food and Agriculture pursuant to this section shall be deposited in the Department of Food and Agriculture Fund. (c) An appellation of origin shall not be approved unless it requires the practice of planting in the ground in the canopy area and excludes the practices of using structures, including a greenhouse, hoop house, glasshouse, conservatory, hothouse, and any similar structure, and any artificial light in the canopy area. (Amended (as amended by Stats. 2021, Ch. 70, Sec. 50) by Stats. 2021, Ch. 87, Sec. 5. (SB 160) Effective July 16, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  132. 26065.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Employees engaged in cannabis cultivation under this division must follow Wage Order No. 4-2001 of the Industrial Welfare Commission.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26065. An employee engaged in the cultivation of cannabis under this division shall be subject to Wage Order No. 4-2001 of the Industrial Welfare Commission. (Amended by Stats. 2017, Ch. 27, Sec. 55. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  133. 26066.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Licensed cannabis cultivation must follow applicable state and local laws, and state agencies must address cultivation’s environmental impacts and coordinate enforcement when appropriate.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26066. Indoor and outdoor cannabis cultivation by persons and entities licensed under this division shall be conducted in accordance with state and local laws related to land conversion, current building and fire standards, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies, shall address environmental impacts of cannabis cultivation and shall coordinate when appropriate with cities and counties and their law enforcement agencies in enforcement efforts. (Amended by Stats. 2017, Ch. 27, Sec. 56. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  134. 26066.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department may make cooperative agreements with certain agencies to help administer cannabis-cultivation rules, but it must keep its license-issuing power, pay/reimburse costs under the agreement, and give notice to other relevant state agencies.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26066.1. The department may enter into a cooperative agreement with a county agricultural commissioner or other state or local agency to assist the department in implementing the provisions of this division related to administration, investigation, inspection, fee collection, document management, education and outreach, distribution of individual licenses approved by the department, and technical assistance pertaining to the cultivation of cannabis. The department shall pay compensation under a cooperative agreement from fees collected and deposited pursuant to this division and shall provide reimbursement to a county agricultural commissioner, state, or local agency for associated costs. The department shall not delegate through a cooperative agreement, or otherwise, its authority to issue cultivation licenses to a county agricultural commissioner, local agency, or another state agency. The department shall provide notice of any cooperative agreement entered into pursuant to this section to other relevant state agencies involved in the regulation of cannabis cultivation. No cooperative agreement under this section shall relieve the department of its obligations under subdivision (a) of Section 26012 to administer the provisions of this division related to, and associated with, the cultivation of cannabis. (Added by renumbering Section 26069.1 by Stats. 2021, Ch. 70, Sec. 54. (AB 141) Effective July 12, 2021.)
  135. 26066.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A county agricultural commissioner may report certain cannabis production information to the director, but may not seek reimbursement for the reporting expenses from the listed funds.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6. Licensed Cultivation Sites [26060 - 26066.2] ( Chapter 6 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26066.2. (a) A county agricultural commissioner may report to the director on the condition, acreage, production, and value of cannabis produced in the commissioner’s county under a cultivation license issued pursuant to this division. The cannabis data may be submitted in a separate report that is similar to those reports required for agricultural products pursuant to Section 2279 of the Food and Agricultural Code. This section does not require the department to publish this report. (b) Data on cannabis production that is included in a report pursuant to this section may be organized by categories including, but not limited to, the following: (1) State cultivator license type, as set forth in Chapter 5 (commencing with Section 26050), and regulations adopted pursuant to that chapter. (2) Local license, permit, or other authorization type, as described in Section 26200. (3) Price tier, including for different strains of cannabis, different production methods, or different parts of a plant, such as flowers or leaves. (c) A county agricultural commissioner shall not seek reimbursement for expenses incurred in making a report pursuant to this section from either of the following sources: (1) The Department of Food and Agriculture Fund. (2) Funding that may otherwise be available for the purposes of this section from a cooperative agreement entered into pursuant to Section 2222 of the Food and Agricultural Code. (Added by renumbering Section 26069.5 by Stats. 2021, Ch. 70, Sec. 55. (AB 141) Effective July 12, 2021.)
  136. 26067.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. )

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    The department must run a cannabis track-and-trace program and electronic shipping manifest system, with confidentiality limits and access for tax and law enforcement use.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. ) ## 26067. (a) The department shall establish a track and trace program for reporting the movement of cannabis, industrial hemp, and cannabis products throughout the distribution chain that utilizes a unique identifier and is capable of providing information that captures, at a minimum, all of the following: (1) The licensee or industrial hemp cultivator from which the cannabis, industrial hemp, or cannabis product originates and the licensee receiving the cannabis, industrial hemp, or cannabis product. (2) The transaction date. (3) The unique identifier or identifiers for the cannabis, industrial hemp, or cannabis product. (4) The date of retail sale to a customer and whether the sale is conducted on the retail premises or by delivery. (5) Information relating to cannabis, industrial hemp, or cannabis products leaving the licensed premises in a delivery vehicle as determined by regulations adopted pursuant to subdivision (d) of Section 26068. (6) The destruction of any cannabis, industrial hemp, or cannabis product. (b) (1) The department, in consultation with the California Department of Tax and Fee Administration, shall create an electronic system containing the electronic shipping manifests to facilitate the administration of the track and trace program, which shall include, but not be limited to, the following information: (A) The variety and quantity or weight of cannabis, industrial hemp, or cannabis products shipped. (B) The estimated times of departure and arrival. (C) The variety and quantity or weight of cannabis, industrial hemp, or cannabis products received. (D) The actual time of departure and arrival. (E) A categorization and the unique identifier of the cannabis, industrial hemp, or cannabis product. (F) The license number issued by the department for all licensees involved in the shipping process, including, but not limited to, cannabis cultivators, manufacturers, distributors, and retailers. (2) The electronic system shall be designed to flag irregularities for the department to investigate. (3) The department and state and local agencies may, at any time, inspect shipments and request documentation for current inventory. (4) The California Department of Tax and Fee Administration shall have read access to the electronic system for the purpose of taxation and regulation of cannabis and cannabis products. (5) Information received and contained in records kept by the department for the purposes of administering this chapter are confidential and shall not be disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to this division or a local ordinance. (6) Upon the request of a state or local law enforcement agency, the department shall allow access to or provide information contained within the electronic system to assist law enforcement in their duties and responsibilities pursuant to this division. (Amended by Stats. 2025, Ch. 592, Sec. 35.5. (SB 861) Effective January 1, 2026.)
  137. 26068.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. )

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    The department must expand the cannabis track-and-trace program to cover cultivation tax, delivery, and compatible third-party software access.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. ) ## 26068. (a) The department, in consultation with the California Department of Tax and Fee Administration, shall ensure that the track and trace program can also track and trace the amount of the cultivation tax due pursuant to Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. The track and trace program shall include an electronic software tracking system to capture data and track movement of cannabis through the commercial supply chain from cultivation to sale. (b) The department shall ensure that licensees under this division are allowed to use third-party applications, programs, and information technology systems to comply with the requirements of the expanded track and trace program described in subdivision (a) to report the movement of cannabis and cannabis products throughout the distribution chain and communicate the information to licensing agencies as required by law. (c) Any software, database, or other information technology system utilized by the department to implement the expanded track and trace program shall support interoperability with third-party cannabis business software applications and allow all licensee-facing system activities to be performed through a secure application programming interface (API) or comparable technology that is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The API or comparable technology shall have version control and provide adequate notice of updates to third-party applications. The system should provide a test environment for third-party applications to access that mirrors the production environment. (d) (1) The department shall incorporate delivery into the track and trace program no later than January 1, 2023. (2) Notwithstanding any other law, provisions related to inclusion of information related to delivery in the track and trace system in Sections 26067 and 26090 shall only become effective after the department incorporates delivery into the track and trace program as required by this subdivision. (3) Notwithstanding any other law, the department may adopt and readopt emergency regulations to implement this subdivision. The provisions of Section 26013 shall be applicable to emergency regulations adopted or readopted pursuant to this section. The emergency regulations authorized by this paragraph shall be deemed an emergency and necessary for the immediate preservation of public peace, health, safety, or general welfare. (Amended by Stats. 2025, Ch. 248, Sec. 14. (AB 8) Effective January 1, 2026.)
  138. 26069.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. )

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    The department must run a unique identification program for cannabis and cannabis products, and only licensed persons may receive unique identifiers.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 6.5. Unique Identifiers and Track and Trace [26067 - 26069] ( Chapter 6.5 added by Stats. 2017, Ch. 27, Sec. 58. ) ## 26069. (a) (1) The department shall implement a unique identification program for cannabis and cannabis products. (2) The unique identification program shall include the identification of permitted quantities of cannabis plants at a cultivation site during the cultivation period, and the identification of harvest batches and manufactured batches, as required by the department. The unique identifier shall be recorded in a manner as determined by the department by regulation. (b) Unique identifiers shall only be issued to those persons appropriately licensed by this division. (c) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 26067. (d) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring and tracking the movement of cannabis and cannabis products throughout the distribution chain. (e) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. (f) A city, county, or city and county may administer unique identifiers and associated identifying information but a city, county, or city and county’s identifiers shall not supplant the department’s track and trace program. (g) This section does not apply to the cultivation of cannabis in accordance with Section 11362.1 of the Health and Safety Code or the Compassionate Use Act. (Amended by Stats. 2025, Ch. 248, Sec. 15. (AB 8) Effective January 1, 2026.)
  139. 2607.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board may hire clerical assistants and, with a stated exception, other employees, and may also contract for services and with licensed physical therapist consultants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2607. The board may employ, subject to law, such clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties. The board may enter into contracts for services necessary for enforcement of this chapter and may as necessary select and contract with physical therapy consultants who are licensed physical therapists to assist it in its programs on an intermittent basis. Notwithstanding any other provision of law, the board may contract with these consultants on a sole source basis. For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any consultant under contract with the board shall be considered a public employee. (Amended by Stats. 2013, Ch. 389, Sec. 11. (SB 198) Effective January 1, 2014.)
  140. 2607.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board may hire and pay staff and expenses for this chapter, investigators must get special training, and the Attorney General must serve as the board’s legal counsel. The section expires and is repealed on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2607.5. (a) The board may employ an executive officer exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities. (b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 509, Sec. 2. (SB 1438) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  141. 26070.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    This section sets licensing, transport, manifest, security, and reporting rules for cannabis and hemp-related retailers, distributors, microbusinesses, and combined activities.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26070. Retailers, Distributors, Microbusinesses, and Combined Activities. (a) State licenses to be issued by the department related to the sale and distribution of cannabis and cannabis products are as follows: (1) A retailer shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. A retailer’s premises may be closed to the public. A retailer may conduct sales exclusively by delivery. (2) A distributor licensee shall be bonded and insured at a minimum level established by the department. (3) (A) Microbusiness or combined activities licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1. (B) The department shall establish a process by which an applicant for a microbusiness or combined activities license can demonstrate compliance with all the requirements under this division for the activities that will be conducted under the license. (b) The department shall establish minimum security and transportation safety requirements for the commercial distribution and delivery of cannabis, industrial hemp, and cannabis products. Except as provided in subdivision (e) of Section 26110, the transportation of cannabis, industrial hemp, and cannabis products shall only be conducted by licensed persons authorized to engage in distribution under this division or employees of those persons. Transportation safety standards established by the department shall include, but not be limited to, minimum standards governing the types of vehicles in which cannabis, industrial hemp, and cannabis products may be distributed and delivered and minimum qualifications for persons eligible to operate such vehicles. (c) The driver of a vehicle transporting or transferring cannabis, industrial hemp, or cannabis products shall be directly employed by a licensee authorized to transport or transfer cannabis, industrial hemp, or cannabis products. (d) Notwithstanding any other law, all vehicles transporting cannabis, industrial hemp, and cannabis products for hire shall be required to have a valid motor carrier permit pursuant to Chapter 2 (commencing with Section 34620) of Division 14.85 of the Vehicle Code. The Department of the California Highway Patrol shall have authority over the safe operation of these vehicles, including, but not limited to, requiring licensees engaged in the transportation of cannabis, industrial hemp, or cannabis products to participate in the Basic Inspection of Terminals (BIT) program pursuant to Section 34501.12 of the Vehicle Code. (e) Prior to transporting cannabis, industrial hemp, or cannabis products, a licensed distributor shall do both of the following: (1) Complete an electronic shipping manifest as prescribed by the department. The shipping manifest shall include the unique identifier, pursuant to Section 26067, issued by the department for the cannabis, industrial hemp, or cannabis product. (2) Securely transmit the manifest to the department and the licensee that will receive the cannabis, industrial hemp, or cannabis product. (f) During transportation, the licensed distributor shall maintain a physical copy of the shipping manifest and make it available upon request to agents of the department and law enforcement officers. (g) The licensee receiving the shipment shall maintain each electronic shipping manifest and shall make it available upon request to the department and any law enforcement officers. (h) Upon receipt of the transported shipment, the licensee receiving the shipment shall submit to the department a record verifying receipt of the shipment and the details of the shipment. (i) Transporting, or arranging for or facilitating the transport of, cannabis, industrial hemp, or cannabis products in violation of this chapter is grounds for disciplinary action against the license. (j) Licensed retailers, microbusinesses, and combined activities, and licensed nonprofits under Section 26070.5, shall implement security measures reasonably designed to prevent unauthorized entrance into areas containing cannabis, industrial hemp, or cannabis products and theft of cannabis, industrial hemp, or cannabis products from the premises. These security measures shall include, but not be limited to, all of the following: (1) Prohibiting individuals from remaining on the licensee’s premises if they are not engaging in activity expressly related to the operations of the retailer. (2) Establishing limited access areas accessible only to authorized personnel. (3) Other than limited amounts of cannabis or cannabis products used for display purposes, samples, or immediate sale, storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss. (k) A retailer shall notify the department and the appropriate law enforcement authorities within 24 hours after discovering any of the following: (1) Significant discrepancies identified during inventory. The level of significance shall be determined by the department. (2) Diversion, theft, loss, or any criminal activity pertaining to the operation of the retailer. (3) Diversion, theft, loss, or any criminal activity by any agent or employee of the retailer pertaining to the operation of the retailer. (4) The loss or unauthorized alteration of records related to cannabis, industrial hemp, or cannabis products, registered qualifying patients, primary caregivers, or retailer employees or agents. (5) Any other breach of security. (Amended by Stats. 2025, Ch. 248, Sec. 16. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  142. 26070.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    Cannabis or cannabis products bought by a customer may not leave a licensed retail premises unless they are put in an opaque package.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26070.1. Cannabis or cannabis products purchased by a customer shall not leave a licensed retail premises unless they are placed in an opaque package. (Added by Stats. 2017, Ch. 27, Sec. 60. (SB 94) Effective June 27, 2017.)
  143. 26070.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    A person must not sell, offer, or provide certain cannabis- or cannabinoid-related products in the state.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26070.2. A person shall not sell, offer, or provide a product in the state that is any of the following: (a) An alcoholic beverage that contains cannabinoids, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage. (b) An inhalable cannabis product containing tetrahydrocannabinols derived from industrial hemp. (c) Hemp flower or a pre-roll that contains hemp flower or hemp-derived cannabinoids, whether infused or not. (d) A product containing synthetic cannabinoids. (e) A cannabis product manufactured outside the licensed market. (Amended by Stats. 2025, Ch. 248, Sec. 17. (AB 8) Effective January 1, 2026.)
  144. 26070.3.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    The department must create and periodically update a cannabis safer-use brochure, and retailers, microbusinesses, or delivery persons must display it and give new consumers a copy.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26070.3. (a) (1) On or before January 1, 2025, the department, in consultation with the State Department of Public Health, shall create and post for public use a single-page flat or folded brochure that includes steps for safer use of cannabis, including, but not limited to, both of the following: (A) Information about the pharmacological effects of cannabis use. (B) Information on the implications and risks associated with, but not limited to, all of the following: (i) High potency cannabis products. (ii) The potential for THC to exacerbate certain mental health conditions. (iii) Cannabis use by minors. (iv) Cannabis use by pregnant and breastfeeding persons. (2) The brochure shall be printed in a type size not smaller than 12 points. Printing and distribution shall be the responsibility of the licensee. (3) On or before January 1, 2030, and every five years thereafter, the department shall either recertify the information in the brochure or provide updated language that accurately reflects the state of the evolving science on cannabis health effects and safer use of cannabis. The review of the brochure shall be done in conjunction with the review required in Section 26121. (b) On and after March 1, 2025, a retailer or microbusiness selling, or person delivering, cannabis or cannabis products to a consumer shall prominently display the brochure, including printed copies, at the point of sale or final delivery in person and online at time of online purchases, and offer each new consumer a copy of the brochure created pursuant to subdivision (a) at the time of first purchase or delivery. (Added by Stats. 2023, Ch. 491, Sec. 1. (SB 540) Effective January 1, 2024.)
  145. 26070.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    This section requires the Bureau of Cannabis Control to study whether nonprofit cannabis licenses should be created, and lets local jurisdictions issue temporary local licenses to qualifying nonprofit entities if specified conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26070.5. (a) The Bureau of Cannabis Control shall, by January 1, 2020, investigate the feasibility of creating one or more classifications of nonprofit licenses under this section. The feasibility determination shall be made in consultation with the relevant licensing agencies and representatives of local jurisdictions which issue temporary licenses pursuant to subdivision (b). The Bureau of Cannabis Control shall consider factors, including, but not limited to, the following: (1) Should nonprofit licensees be exempted from any or all state taxes, licensing fees, and regulatory provisions applicable to other licenses in this division? (2) Should funding incentives be created to encourage others licensed under this division to provide professional services at reduced or no cost to nonprofit licensees? (3) Should nonprofit licenses be limited to, or prioritize those, entities previously operating on a not-for-profit basis primarily providing whole-plant cannabis and cannabis products and a diversity of cannabis strains and seed stock to low-income persons? (b) Any local jurisdiction may issue temporary local licenses to nonprofit entities primarily providing whole-plant cannabis and cannabis products and a diversity of cannabis strains and seed stock to low-income persons so long as the local jurisdiction does all of the following: (1) Confirms the license applicant’s status as a nonprofit entity registered with the California Attorney General’s Registry of Charities and Fundraisers and that the applicant is in good standing with all state requirements governing nonprofit entities. (2) Licenses and regulates any such entity to protect public health and safety, and so as to require compliance with all environmental requirements in this division. (3) Provides notice to the department of any such local licenses issued, including the name and location of any such licensed entity and all local regulations governing the licensed entity’s operation. (4) Certifies to the department that any such licensed entity will not generate annual gross revenues in excess of two million dollars ($2,000,000). (c) Temporary local licenses authorized under subdivision (b) shall expire after 12 months unless renewed by the local jurisdiction. (d) The department may impose reasonable additional requirements on the local licenses authorized under subdivision (b). (e) (1) New temporary local licenses shall not be issued pursuant to this section after the date the Bureau of Cannabis Control determines that creation of nonprofit licenses under this division is not feasible, or if the Bureau of Cannabis Control determines that creation of nonprofit licenses under this division is feasible, after the date a licensing agency commences issuing state nonprofit licenses. (2) If the Bureau of Cannabis Control determines that creation of nonprofit licenses under this division is feasible, no temporary license issued under subdivision (b) shall be renewed or extended after the date on which a licensing agency commences issuing state nonprofit licenses. (3) If the Bureau of Cannabis Control determines that creation of nonprofit licenses under this division is not feasible, the Bureau of Cannabis Control shall provide notice of this determination to all local jurisdictions that have issued temporary licenses under subdivision (b). The department may, in its discretion, permit any such local jurisdiction to renew or extend on an annual basis any temporary license previously issued under subdivision (b). (Amended by Stats. 2023, Ch. 478, Sec. 4. (AB 1756) Effective January 1, 2024. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  146. 26071.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. )

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    A retail cannabis licensee may give free medicinal cannabis or cannabis products to eligible patients or caregivers if specific verification, tracking, and recordkeeping rules are followed.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 7. Retailers, Distributors, Microbusinesses, and Combined Activities [26070 - 26071] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 875, Sec. 7. ) ## 26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met: (1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patient’s primary caregiver. For purposes of this section, “medicinal cannabis patient” includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physician’s recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code. (B) In order to verify the physician’s recommendation, the licensed retailer shall do all of the following: (i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state. (ii) Keep a copy of the patient’s or primary caregiver’s driver’s license or other government issued identification. (3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division. (4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code. (5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer. (6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code. (7) The event shall be properly recorded in the retailer’s inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physician’s recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physician’s recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years. (8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code. (b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. (c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailer’s premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. (d) This section shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this section, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first. (Added by Stats. 2019, Ch. 837, Sec. 4. (SB 34) Effective January 1, 2020.)
  147. 2608.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    Procedures for license denial, suspension, revocation, or probationary restriction under this chapter are governed by Government Code Chapter 5 starting at Section 11500.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2608. The procedure in all matters and proceedings relating to the denial, suspension, revocation, or probationary restriction of licenses issued by the board under this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2013, Ch. 389, Sec. 13. (SB 198) Effective January 1, 2014.)
  148. 2608.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    Board members, and licensed physical therapists appointed by the board, may inspect certain facilities and records and may require reports; delegation of that authority is limited.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2608.5. Each member of the board, or any licensed physical therapist appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility providing physical therapy care, treatment or services and the physical therapy staff thereof, with respect to the physical therapy care, treatment, services, or facilities provided therein, and may inspect physical therapy patient records with respect to the care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section shall not be delegated by a member of the board to any person other than a physical therapist and shall be subject to the restrictions against disclosure described in subdivision (u) of Section 2660. (Amended by Stats. 2013, Ch. 389, Sec. 14. (SB 198) Effective January 1, 2014.)
  149. 26080.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 8. Distribution and Transport [26080- 26080.] ( Chapter 8 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Licensees generally may not transport or distribute cannabis or cannabis products outside California, with specified exceptions. Local jurisdictions also may not block compliant transportation on public roads.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 8. Distribution and Transport [26080- 26080.] ( Chapter 8 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26080. (a) Except as provided in this section and in Chapter 25 (commencing with Section 26300), this division does not authorize or permit a licensee to transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state. (b) A local jurisdiction shall not prevent transportation of cannabis or cannabis products on public roads by a licensee transporting cannabis or cannabis products in compliance with this division. (c) This division does not prohibit industrial hemp or cannabis products derived exclusively from industrial hemp from either of the following: (1) Being continuously transported through California without entering the licensed market, provided they are not sold in California. (2) Being shipped out of California by a licensee. (Amended by Stats. 2025, Ch. 248, Sec. 18. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  150. 26090.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 9. Delivery [26090- 26090.] ( Chapter 9 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section limits cannabis deliveries to certain licensed businesses and requires delivery workers, retailers, and customers to keep and show specified delivery and license documents when requested.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 9. Delivery [26090- 26090.] ( Chapter 9 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26090. (a) Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness, or a licensed nonprofit under Section 26070.5. (b) All employees of a retailer, microbusiness, or nonprofit delivering cannabis or cannabis products shall carry a copy of the licensee’s current license and a government-issued identification with a photo of the employee, such as a driver’s license. The employee shall present that license and identification upon request to state and local law enforcement, employees of the department and other state and local agencies enforcing this division. (c) Before cannabis or a cannabis product leaves the licensed premises in a delivery vehicle, the retailer shall enter into the track and trace system all information required by the department and shall update the information as required by the department. (d) During delivery, the licensee shall maintain a copy of the delivery request and shall make it available upon request of the department and law enforcement officers. The delivery request documentation shall comply with state and federal law regarding the protection of confidential medical information. (e) A customer requesting delivery shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the department and law enforcement officers. (f) A local jurisdiction shall not prevent delivery of cannabis or cannabis products on public roads by a licensee acting in compliance with this division and local law as adopted under Section 26200. (Amended by Stats. 2022, Ch. 56, Sec. 6. (AB 195) Effective June 30, 2022. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  151. 26100.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. )

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    Cannabis, industrial hemp, and cannabis products generally cannot be sold under this division unless a representative sample has been tested by a licensed testing laboratory.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. ) ## 26100. (a) Except as otherwise provided by law, cannabis, industrial hemp, or cannabis products shall not be sold pursuant to a license provided for under this division unless a representative sample of the cannabis, industrial hemp, or cannabis products has been tested by a licensed testing laboratory. (b) Upon entry into the licensed market, industrial hemp shall be held in quarantine by the distributor and tested by a licensed testing laboratory to confirm it meets the definition of industrial hemp contained in Section 26001 before transfer to another licensee or incorporation into a cannabis product. Quarantined plant material that is determined not to be industrial hemp shall be destroyed. (c) The department shall develop criteria to determine which batches shall be tested. All testing of the samples shall be performed on the final form in which the cannabis or cannabis product will be consumed or used, unless otherwise specified in this division. (d) Testing of batches to meet the requirements of this division shall only be conducted by a licensed testing laboratory. (e) For each batch tested, the testing laboratory shall issue a certificate of analysis for selected lots at a frequency determined by the department with supporting data, to report both of the following: (1) Whether the chemical profile of the sample conforms to the labeled content of compounds, including, but not limited to, all of the following, unless limited through regulation by the department: (A) Tetrahydrocannabinol (THC). (B) Tetrahydrocannabinolic Acid (THCA). (C) Cannabidiol (CBD). (D) Cannabidiolic Acid (CBDA). (E) The terpenes required by the department in regulation. (F) Cannabigerol (CBG). (G) Cannabinol (CBN). (H) Other compounds or contaminants required by the department. (2) That the presence of contaminants does not exceed the levels established by the department. In establishing the levels, the department shall consider the American Herbal Pharmacopoeia monograph, guidelines set by the Department of Pesticide Regulation pursuant to subdivision (c) of Section 26060, and any other relevant sources. For purposes of this paragraph, “contaminants” includes, but is not limited to, all of the following: (A) Residual solvent or processing chemicals. (B) Foreign material, including, but not limited to, hair, insects, or similar or related adulterant. (C) Microbiological impurities as identified by the department in regulation. (3) For edible cannabis products, that the milligrams per serving of THC does not exceed 10 milligrams per serving, plus or minus 12 percent. After January 1, 2022, the milligrams of THC per serving shall not deviate from 10 milligrams by more than 10 percent. (4) Notwithstanding paragraph (3), the department shall establish regulations to adjust testing variances for edible cannabis products that include less than five milligrams of THC in total. (f) A testing laboratory may amend a certificate of analysis to correct minor errors, as defined by the department. (g) (1) Standards for residual levels of volatile organic compounds shall be established by the department. (2) On or before January 1, 2023, the department shall establish a standard cannabinoids test method, including standardized operating procedures, that shall be utilized by all testing laboratories. The department may establish more than one method for use by testing laboratories and these standards may be developed through a reference laboratory. (h) The testing laboratory shall conduct all testing required by this section in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling and using verified methods. (i) All testing laboratories performing tests pursuant to this section shall obtain and maintain ISO/IEC 17025 accreditation as required by the department in regulation. (j) (1) If a test result falls outside the specifications authorized by law or regulation, the testing laboratory shall follow a standard operating procedure to confirm or refute the original result. (2) If a test result falls outside the specifications authorized by law or regulation, the testing laboratory may retest the sample if both of the following occur: (A) The testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by the department. (B) The department authorizes the testing laboratory to retest the sample. (k) A testing laboratory shall destroy the remains of the sample of cannabis, industrial hemp, or cannabis product upon completion of the analysis, as determined by the department through regulations. (l) Presale inspection, testing transfer, or transportation of cannabis or cannabis products pursuant to this section shall conform to a specified chain of custody protocol and any other requirements imposed under this division. (m) This division does not prohibit a licensee from performing testing on the licensee’s premises for the purposes of quality control of the product in conjunction with reasonable business operations. This division also does not prohibit a licensee from performing testing on the licensee’s premises of cannabis or cannabis products obtained from another licensee. Onsite testing by the licensee shall not be certified by the department and does not exempt the licensee from the requirements of compliance testing at a testing laboratory pursuant to this section. (Amended by Stats. 2025, Ch. 248, Sec. 19. (AB 8) Effective January 1, 2026. Note: This section was added (as Section 26101) on Nov. 8, 2016, by initiative Prop. 64.)
  152. 26102.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. )

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    A testing laboratory can be licensed only if it meets the listed department requirements, including reporting accreditation problems within one business day and maintaining chain-of-custody procedures.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. ) ## 26102. A testing laboratory shall not be licensed by the department unless the laboratory meets all of the following: (a) Complies with any other requirements specified by the department. (b) Notifies the department within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked. (c) Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing. (Amended by Stats. 2021, Ch. 70, Sec. 61. (AB 141) Effective July 12, 2021.)
  153. 26104.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. )

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    A licensed testing laboratory must follow applicable cannabis laws and regulations, and may test certain cannabis samples only under the section’s limits.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 10. Testing Laboratories [26100 - 26104] ( Heading of Chapter 10 amended by Stats. 2017, Ch. 27, Sec. 64. ) ## 26104. (a) A licensed testing laboratory shall, in performing activities concerning cannabis and cannabis products, comply with the requirements and restrictions set forth in applicable law and regulations. (b) The department shall develop procedures to do all of the following: (1) Ensure that testing of cannabis and cannabis products occurs prior to distribution to retailers, microbusinesses, or nonprofits licensed under Section 26070.5. (2) Specify how often licensees shall test cannabis and cannabis products, and that the cost of testing cannabis shall be borne by the licensed cultivators and the cost of testing cannabis products shall be borne by the licensed manufacturer, and that the costs of testing cannabis and cannabis products shall be borne by a nonprofit licensed under Section 26070.5. (3) Require destruction of harvested batches whose testing samples indicate noncompliance with health and safety standards required by the department, unless remedial measures can bring the cannabis or cannabis products into compliance with quality assurance standards as specified by law and implemented by the department. (4) Ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by this division and that the testing laboratory employee transports the sample to the testing laboratory. The driver transporting the sample pursuant to this requirement shall be directly employed by the testing laboratory. (c) (1) Except as provided in this division, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with this division, and shall not distribute, sell, or dispense cannabis or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol. (2) A testing laboratory may receive and test samples of cannabis or cannabis products from a state or local law enforcement, or a prosecuting or regulatory agency in order to test the cannabis or cannabis products. For purposes of this section, testing conducted by a testing laboratory for state or local law enforcement, a prosecuting agency, or a regulatory agency is not commercial cannabis activity and shall not be arranged or overseen by the department. (d) A testing laboratory may receive and test samples of cannabis or cannabis products from a licensed manufacturer or licensed cultivator for quality control purposes. A testing laboratory shall not certify samples from a licensed manufacturer or licensed cultivator for retail sale. All tests performed by a testing laboratory for a licensed manufacturer or licensed cultivator shall be recorded with the name of the licensee and the amount of cannabis or cannabis product received. (e) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver with a valid physician’s recommendation for cannabis for medicinal purposes. A testing laboratory shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another person or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of cannabis or cannabis product received. (f) A testing laboratory may receive and test samples of cannabis or cannabis products from a person over 21 years of age when the cannabis has been grown by that person and will be used solely for that person’s use, as authorized pursuant to Section 11362.1 of the Health and Safety Code. A testing laboratory shall not certify samples from the person over 21 years of age for resale or transfer to another person or licensee. All tests recorded pursuant to this subdivision shall be recorded with the name of the person submitting the sample and the amount of cannabis or cannabis product received. (Amended by Stats. 2021, Ch. 70, Sec. 62. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  154. 2611.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must meet at least three times each year, including once in northern California and once in southern California. It may hold special meetings, and four members make a quorum.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2611. The board shall meet at least three times each calendar year, meeting at least once each calendar year in northern California and once each calendar year in southern California. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place as the board may designate. Four members of the board shall constitute a quorum for the transaction of business. (Amended by Stats. 2013, Ch. 389, Sec. 16. (SB 198) Effective January 1, 2014.)
  155. 26110.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 11. Quality Assurance, Inspection, and Testing [26110- 26110.] ( Chapter 11 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis and hemp batches must meet quality assurance and testing rules before sale or further distribution, and distributors have storage, sampling, review, and reporting duties.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 11. Quality Assurance, Inspection, and Testing [26110- 26110.] ( Chapter 11 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26110. (a) Cannabis and cannabis product batches are subject to quality assurance standards and testing prior to sale at a retailer, microbusiness, or nonprofit licensed under Section 26070.5, except for immature cannabis plants and seeds, as provided for in this division. (b) A licensee that holds a valid distributor license may act as the distributor for the licensee’s cannabis, industrial hemp, and cannabis products. (c) The distributor shall store, as determined by the department, the cannabis and cannabis product batches on the premises of the distributor before testing and continuously until either of the following occurs: (1) The batch passes the testing requirements pursuant to this division and is transported to a licensed retailer or to another licensed distributor. (2) The batch fails the testing requirements pursuant to this division and is destroyed or transported to a manufacturer for remediation as allowed by the department. (d) Industrial hemp is subject to quality assurance standards and testing upon entry into the licensed market. The distributor shall store each batch of industrial hemp until either of the following occurs: (1) The batch passes the testing requirements pursuant to this division and is transported to a licensed manufacturer or to another licensed distributor. (2) The batch fails the testing requirements pursuant to this division and is destroyed. (e) The distributor shall arrange for a testing laboratory to obtain a representative sample of each cannabis, industrial hemp, and cannabis product batch at the distributor’s licensed premises. After obtaining the sample, the testing laboratory representative shall maintain custody of the sample and transport it to the testing laboratory. (f) Upon issuance of a certificate of analysis by the testing laboratory that the cannabis and cannabis product batch has passed the testing requirements pursuant to this division, the distributor shall conduct a quality assurance review before distribution to ensure the labeling and packaging of the cannabis and cannabis products conform to the requirements of this division. (g) (1) There shall be a quality assurance compliance monitor who is an employee or contractor of the department and who shall not hold a license in any category or own or have an ownership interest in a licensee or the premises of a licensee. (2) The quality assurance compliance monitor shall conduct random quality assurance reviews at a distributor’s licensed premises before distribution to ensure the labeling and packaging of the cannabis and cannabis products conform to the requirements of this division. (3) The quality assurance compliance monitor shall have access to all records and test results required of a licensee by law in order to conduct quality assurance analysis and to confirm test results. All records of inspection and verification by the quality assurance compliance monitor shall be provided to the department. Failure to comply shall be noted by the quality assurance compliance monitor for further investigation. Violations shall be reported to the department. The quality assurance compliance monitor shall also verify the tax payments collected and paid under Sections 34011 and 34012 of the Revenue and Taxation Code are accurate. The monitor shall also have access to the inputs and assumptions in the track and trace system and shall be able to verify their accuracy and that they are commensurate with the tax payments. (h) After testing, all cannabis and cannabis products fit for sale may be transported only from the distributor’s premises to the premises of another licensed distributor for further distribution, or to a licensed retailer, microbusiness, or nonprofit for retail sale. (i) A licensee is not required to sell cannabis or cannabis products to a distributor and may directly contract for sale with a licensee authorized to sell cannabis and cannabis products to purchasers. (j) A distributor performing services pursuant to this section may collect a fee from the licensee for the services provided. The fee may include, but is not limited to, the costs incurred for laboratory testing. A distributor may also collect applicable state or local taxes and fees. (k) This section does not prohibit a licensee from performing testing on the licensee’s premises for the purposes of quality control of the product in conjunction with reasonable business operations. The testing conducted on the licensee’s premises by the licensee does not meet the testing requirements pursuant to this division. (Amended by Stats. 2025, Ch. 248, Sec. 20. (AB 8) Effective January 1, 2026.)
  156. 2612.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must comply with the Bagley-Keene Open Meeting Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2612. The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2013, Ch. 389, Sec. 17. (SB 198) Effective January 1, 2014.)
  157. 26120.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Before delivery or sale at retail, cannabis and cannabis products must be labeled and packaged in a tamper-evident, child-resistant package with a unique identifier, and the label must include specified warnings and product information.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26120. (a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. If the cannabis or cannabis product contains multiple servings, the package shall also be resealable. (b) Packages and labels shall not be made to be attractive to children. (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the department: (1) The following statements, in bold print: (A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.” (B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.” (2) For packages containing only dried flower, the net weight of cannabis in the package. (3) Identification of the type of cannabis or cannabis product and the date of packaging. (4) The appellation of origin, if any. (5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total. (6) A warning if nuts or other known allergens are used. (7) Information associated with the unique identifier issued by the department. (8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.” (9) Any other requirement set by the department. (d) Only generic food names may be used to describe the ingredients in edible cannabis products. (e) Cannabis beverages may be packaged in containers that are clear or any color. (f) The package and label of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that the cannabis cartridge or integrated cannabis vaporizer is disposable nor imply that it may be thrown in the trash or recycling streams. (g) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance. (h) This section shall become operative on July 1, 2024. (Repealed (in Sec. 1.5) and added by Stats. 2022, Ch. 390, Sec. 2.5. (AB 1894) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  158. 26121.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must review cannabis labeling regulations by set dates and adopt updated label or insert warnings based on evolving science.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26121. (a) On or before July 1, 2025, the department shall reevaluate regulations adopted pursuant to Section 26120 to determine whether any additional warnings are necessary to reflect evolving science and shall adopt regulations for cannabis and cannabis product labels or inserts reflecting the evolving science regarding the risks that cannabis use may cause consumers. (b) (1) On or before January 1, 2030, and every five years thereafter, the department shall reevaluate the regulations adopted pursuant to subdivision (a) to determine whether requirements imposed in those regulations reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings. (2) The Legislature recommends that the department, and the department may, use research funded pursuant to subdivision (b) of Section 34019 of the Revenue and Taxation Code that evaluates labeling and packaging, and, in conformance with the provisions of that subdivision, the department may commission new research to assess the efficacy of the warnings required by subdivision (a) and approaches to identify future best practices for cannabis health warning labels that are most effective in changing knowledge and intent to consume or consumption. (c) Cannabis or cannabis products manufactured before July 1, 2025, may be sold before July 1, 2026, without meeting the labeling requirements imposed by the regulations adopted pursuant to subdivision (a). (d) Cannabis or cannabis products manufactured before January 1, 2030, and every year thereafter when new labeling requirements are imposed by the regulations adopted pursuant to subdivision (a) may be sold for up to 12 months from the effective date of those regulations, or for a shorter period of time as prescribed by the department in those regulations, if they comply with the regulations in effect prior to the enactment of the new regulations. (Added by Stats. 2023, Ch. 491, Sec. 2. (SB 540) Effective January 1, 2024.)
  159. 26122.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis cartridges and integrated cannabis vaporizers containing cannabis or a cannabis product must bear the universal symbol and meet visibility, size, and formatting requirements.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 12. Packaging and Labeling [26120 - 26122] ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26122. (a) A cannabis cartridge or integrated cannabis vaporizer that contains cannabis or a cannabis product shall bear the universal symbol described in paragraph (7) of subdivision (c) of Section 26130. The universal symbol shall be visible on the cannabis cartridge or integrated cannabis vaporizer and shall not be smaller than one-quarter inch wide by one-quarter inch high. The universal symbol shall be engraved, affixed with a sticker, or printed in black or white. (b) For purposes of this section, the following definitions shall apply: (1) “Cannabis cartridge” means a cartridge containing cannabis oil that is intended to be affixed to an electronic device that heats the oil and creates an aerosol or vapor. (2) “Integrated cannabis vaporizer” means a singular device that contains both cannabis oil and an integrated electronic device that creates an aerosol or vapor. (Added by Stats. 2019, Ch. 830, Sec. 1. (AB 1529) Effective October 12, 2019.)
  160. 2613.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board may appoint qualified persons to help give examinations. These commissioners do not have to be board members, but they are subject to the same rules and regulations and get the same fee as board members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2613. The board may appoint qualified persons to give the whole or any portion of any examination as provided in this chapter, who shall be designated as a commissioner on examination. A commissioner on examination need not be a member of the board but shall be subject to the same rules and regulations and shall be entitled to the same fee as if he or she were a member of the board. (Amended by Stats. 1996, Ch. 829, Sec. 16. Effective January 1, 1997.)
  161. 26130.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. )

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    The department must issue regulations for cannabis manufacturer licensing and product standards, and edible cannabis products must meet listed packaging, labeling, THC, sanitation, information, and symbol requirements.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. ) ## 26130. (a) The department shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Licenses to be issued are as follows: (1) “Manufacturing Level 1,” for sites that manufacture cannabis products using nonvolatile solvents, or no solvents. (2) “Manufacturing Level 2,” for sites that manufacture cannabis products using volatile solvents. (b) For purposes of this section, “volatile solvents” shall have the same meaning as in paragraph (3) of subdivision (b) of Section 11362.3 of the Health and Safety Code, unless otherwise provided by law or regulation. (c) Edible cannabis products shall be: (1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis. (2) Produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving. (3) Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form. (4) Homogenized to ensure uniform disbursement of cannabinoids throughout the product. (5) Manufactured and sold under sanitation standards established by the department that are similar to the standards for preparation, storage, handling, and sale of food products. (6) Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary. (7) Marked with a universal symbol, as determined by the department through regulation. (d) Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under state law. (e) (1) If the cannabis product is intended for therapeutic effect or health supplementation use on, or for consumption by, an animal, the cannabis product shall also conform with any additional relevant standards, including, but not limited to, an alternative standardized concentration, established by the department through regulations. (2) The department shall promulgate regulations for animal product standards no later than July 1, 2025. Cannabis products shall not be marketed or sold for use on, or consumption by, animals before these regulations for animal standards take effect. (Amended by Stats. 2022, Ch. 389, Sec. 5. (AB 1885) Effective January 1, 2023. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  162. 26131.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. )

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    The department’s standards for producing, packaging, and labeling cannabis products apply to licensed manufacturers, microbusinesses, and nonprofits licensed under Section 26070.5, unless the department specifies otherwise.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. ) ## 26131. Standards for the production, packaging, and labeling of all cannabis products developed by the department apply to all licensed manufacturers and microbusinesses, and nonprofits licensed under Section 26070.5, unless otherwise specified by the department. (Added by renumbering Section 26106 by Stats. 2021, Ch. 70, Sec. 64. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  163. 26132.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. )

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    Level 2 manufacturing licensees must use sufficient methods or procedures to reduce explosion, combustion, and other unreasonable public-safety risks from volatile solvents, and the department must set minimum standards for those methods and procedures.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 13. Manufacturers and Cannabis Products [26130 - 26132] ( Heading of Chapter 13 amended by Stats. 2017, Ch. 27, Sec. 76. ) ## 26132. Manufacturing Level 2 licensees shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The department shall establish minimum standards concerning such methods and procedures for Level 2 licensees. (Added by renumbering Section 26105 by Stats. 2021, Ch. 70, Sec. 63. (AB 141) Effective July 12, 2021.)
  164. 2614.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must hear matters like contested cases and reinstatement requests, follow the specified Government Code hearing procedures unless this chapter says otherwise, have the hearing officer present for contested-case board consideration if the case was heard by the board, and issue its decision under Government Code Section 11517.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2614. The board shall hear all matters, including, but not limited to, any contested case or any petition for reinstatement, restoration, or modification of probation. Except as otherwise provided in this chapter, all hearings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If a contested case is heard by the board the hearing officer who presided at the hearing shall be present during the board’s consideration of the case and, if requested, shall assist and advise the board. The board shall issue its decision pursuant to Section 11517 of the Government Code. (Amended by Stats. 2013, Ch. 389, Sec. 18. (SB 198) Effective January 1, 2014.)
  165. 26140.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 14. Protection of Minors [26140- 26140.] ( Chapter 14 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A-licensees must keep cannabis sales and access away from people under 21, and check government ID showing age 21 or older before selling or transferring cannabis or cannabis products.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 14. Protection of Minors [26140- 26140.] ( Chapter 14 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26140. (a) An A-licensee shall not: (1) Sell cannabis or cannabis products to persons under 21 years of age. (2) Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same. (3) Employ or retain persons under 21 years of age. (4) Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older. (b) Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any other law, a person under 21 years of age who purchases or attempts to purchase cannabis or cannabis products while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis or cannabis products. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the department in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) Notwithstanding subdivision (a), an M-licensee may: (1) Allow on the premises a person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for themselves or for a person for whom that person is a primary caregiver. (2) Allow a person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same. (3) Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for themselves or for a person for whom the person is a primary caregiver. (4) The department may establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver for a patient to ensure that the status of a person as a primary caregiver is verified. (Amended by Stats. 2021, Ch. 70, Sec. 74. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  166. 2615.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. )

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    The board must adopt regulations needed to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 1. Administration and General Provisions [2600 - 2615] ( Heading of Article 1 amended by Stats. 2013, Ch. 389, Sec. 2. ) ## 2615. The board shall adopt those regulations as may be necessary to effectuate this chapter. In adopting regulations the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2013, Ch. 389, Sec. 19. (SB 198) Effective January 1, 2014.)
  167. 26150.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section defines key cannabis advertising and marketing terms used in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26150. For purposes of this chapter: (a) “Advertise” means the publication or dissemination of an advertisement. (b) “Advertisement” includes any written or verbal statement, illustration, or depiction which is calculated to induce sales of cannabis or cannabis products, including any written, printed, graphic, or other material, billboard, sign, or other outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include: (1) Any label affixed to any cannabis or cannabis products, or any individual covering, carton, or other wrapper of that container that constitutes a part of the labeling under provisions of this division. (2) Any editorial or other reading material, such as a news release, in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any licensee, and which is not written by or at the direction of the licensee. (c) “Advertising sign” is any sign, poster, display, billboard, or any other stationary or permanently affixed advertisement promoting the sale of cannabis or cannabis products which are not cultivated, manufactured, distributed, or sold on the same lot. (d) “Health-related statement” means any statement related to health, and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of cannabis or cannabis products and health benefits, or effects on health. (e) “Market” or “Marketing” means any act or process of promoting or selling cannabis or cannabis products, including, but not limited to, sponsorship of sporting events, point-of-sale advertising, and development of products specifically designed to appeal to certain demographics. (Amended by Stats. 2017, Ch. 27, Sec. 84. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  168. 26151.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis advertising and marketing must identify the licensee, keep ads out of audiences under the 21+ threshold, verify age before direct individualized contact, and be truthful and substantiated.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26151. (a) (1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number. (2) A technology platform shall not display an advertisement by a licensee on an Internet Web page unless the advertisement displays the license number of the licensee. (3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the license number of the licensee. (b) Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data. (c) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee. For purposes of this section, that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method. (d) All advertising shall be truthful and appropriately substantiated. (Amended by Stats. 2017, Ch. 27, Sec. 85. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  169. 26152.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    People engaged in commercial cannabis activity must not use misleading advertising or marketing, including child-attractive ads, ads near certain places, or ads for unlicensed or suspended-license activity.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26152. A person engaged in commercial cannabis activity, whether licensed or unlicensed, shall not do any of the following: (a) Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression. (b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof. (c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis or industrial hemp originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement. (d) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border. (e) Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. (f) Publish or disseminate advertising or marketing that is attractive to children. (g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center. (h) Publish or disseminate advertising or marketing for unlicensed commercial cannabis activity or for licensed commercial cannabis activity while the licensee’s license is suspended. (Amended by Stats. 2025, Ch. 248, Sec. 21. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  170. 26152.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Marketing for integrated cannabis vaporizers and cannabis cartridges must include a specific hazardous-waste disposal notice, and it must not suggest the product is disposable or can go in trash or recycling.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26152.1. (a) (1) Advertisement and marketing of an integrated cannabis vaporizer, as defined in Section 26122, shall prominently provide in a clear and legible fashion: “An empty integrated cannabis vaporizer shall be properly disposed of as hazardous waste at a household hazardous waste collection facility or other approved facility.” (2) Advertisement and marketing of a cannabis cartridge shall prominently provide in a clear and legible fashion: “A spent cannabis cartridge shall be properly disposed of as hazardous waste at a household hazardous waste collection facility or other approved facility.” (3) For the purposes of this subdivision, “authorized facility” means a facility authorized under the hazardous waste control laws under Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (b) Advertisement and marketing of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that a cannabis cartridge or an integrated cannabis vaporizer is disposable nor imply that it may be thrown in the trash or recycling streams. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 390, Sec. 3. (AB 1894) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  171. 26152.2.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section lets certain public prosecutors sue over specified cannabis advertising or marketing violations and sets possible injunctive relief, fees, costs, and civil penalties.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26152.2. (a) The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (g) of Section 26152, or subdivision (b) of Section 111926 of the Health and Safety Code. (b) (1) The Attorney General, a city attorney, or a county counsel who prevails in an action pursuant to this section shall be awarded injunctive relief. (2) The Attorney General, a city attorney, or a county counsel may also be awarded either or both of the following: (A) Reasonable attorney’s fees and costs. (B) Civil penalties of not more than five thousand dollars ($5,000) per violation by a licensed cannabis business or an industrial hemp registrant and not more than thirty thousand dollars ($30,000) per violation by an unlicensed cannabis business or an unregistered business engaged in the sale of products that contain industrial hemp. (3) The remedies provided in this section shall be in addition to any other remedies otherwise provided in any other law. (c) In determining whether to award reasonable attorney’s fees and costs and civil penalties, and in assessing the amount of any civil penalty, the court shall consider factors the court determines to be relevant, including, but not limited to, all of the following: (1) The gravity of the violation. (2) The defendant’s good faith, or lack thereof. (3) The defendant’s history of previous violations. (d) Civil penalties awarded in an action brought pursuant to this section shall be distributed as described in subdivision (d) of Section 26038. (e) (1) Except as provided in paragraph (2), a defendant shall not be subject to more than one action pursuant to this section in connection with the same, or substantially similar, advertising or marketing. (2) This subdivision does not prohibit a subsequent action pursuant to this section to redress a recurring or continuing violation of Section 26152 or of Section 111926 of the Health and Safety Code, after the defendant has previously been found to have engaged in the same violation of Section 26152 or of Section 111926 of the Health and Safety Code or a substantially similar violation. Such an action may be brought and maintained if all of the following conditions are satisfied: (A) The defendant has previously been found, in an action pursuant to this section, to have violated one or more subdivisions of Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code. (B) The defendant subsequently engages in the same advertising or marketing, or substantially similar advertising or marketing, that was previously found to violate Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code. (C) The subsequent action is limited to advertising or marketing that occurred after entry of judgment in the prior action. (f) (1) The causes of action, remedies, and penalties provided by this section are cumulative to each other and to the causes of action, remedies, and penalties available under all other laws of this state. (2) This section shall not be construed to limit the availability of any cause of action, remedy, or penalty otherwise available under any other law of this state. (g) (1) This section shall not be construed to limit or otherwise alter, in any way, any other authority conferred by law upon the Attorney General, the department, or any other state or local officer or agency. (2) An action brought pursuant to this section shall not have preclusive effect upon the Attorney General, the department, or any other state or local officer or agency. (Amended by Stats. 2025, Ch. 67, Sec. 19. (AB 1170) Effective January 1, 2026.)
  172. 26153.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A licensee must not give away cannabis, cannabis products, or cannabis accessories as part of a business promotion or other commercial activity.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26153. (a) A licensee shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity. (b) For purposes of this section, the donation of cannabis or cannabis products by a licensee to a patient or the primary caregiver of a patient pursuant to Section 26071 shall not be considered a business promotion or other commercial activity. (c) For purposes of this section, the provision of cannabis or cannabis products by a licensee pursuant to Section 26153.1 shall not be considered a business promotion or other commercial activity. (Amended by Stats. 2021, Ch. 70, Sec. 75. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  173. 26153.1.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must adopt regulations for cannabis trade samples, and trade samples must be labeled, tracked, tested, and not sold or given for payment.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26153.1. (a) The Department of Cannabis Control shall adopt regulations to establish a process authorizing licensees to designate cannabis or cannabis products as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee. (b) The department shall adopt regulations to establish a definition of trade sample, the quantity of cannabis and cannabis products that may be designated as trade samples, the amount of trade samples that may be provided to a licensee, and any other provisions necessary to implement this section. (c) Cannabis or cannabis products designated as trade samples shall be subject to quality assurance and testing pursuant to Section 26110, and may be returned to cultivators and manufacturers following quality assurance and testing pursuant to Section 26110. (d) Cannabis or cannabis products designated as trade samples shall be recorded into the track and trace program established pursuant to Section 26067. (e) Cannabis or cannabis products designated as trade samples shall be labeled with the following: “TRADE SAMPLE. NOT FOR RESALE OR DONATION.” (f) Cannabis or cannabis products designated as trade samples shall only be given for targeted advertising to licensees about new or existing cannabis or cannabis products. The department may adopt regulations specifying additional purposes of trade samples. (g) Cannabis or cannabis products designated as trade samples may be transported between any two licensees by an employee of a licensed distributor or microbusiness authorized to engage in distribution, or by a licensee authorized to engage in transportation of cannabis, including a distributor transport-only licensee as established by the department in regulation. Employees transporting trade samples pursuant to this subdivision but outside of a registered vehicle of the licensed distributor or microbusiness shall be subject to possession limits established in Section 11357 of the Health and Safety Code. (h) Cannabis and cannabis products designated as trade samples shall not be provided for any form of payment, consideration, cost, or compensation. (i) Except as otherwise provided in this section, cannabis and cannabis products designated as trade samples shall comply with all applicable requirements for cultivation, manufacturing, distribution, processing, storing, laboratory testing, quality assurance, packaging, or labeling under this division. (j) This section shall become effective upon adoption of regulations by the department and no later than January 1, 2023. (k) Notwithstanding any other law, the department may adopt and readopt emergency regulations to implement this section. The provisions of Section 26013 shall be applicable to emergency regulations adopted or readopted pursuant to this section. The emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of public peace, health, safety or general welfare. (Amended (as added by Stats. 2021, Ch. 70, Sec. 76) by Stats. 2021, Ch. 87, Sec. 6. (SB 160) Effective July 16, 2021. Operative on or before January 1, 2023, by its own provisions.)
  174. 26154.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A licensee must not put false or misleading health-related statements on cannabis labels or in cannabis advertising or marketing.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26154. A licensee shall not include on the label of any cannabis or cannabis product or publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of cannabis consumption. (Amended by Stats. 2017, Ch. 27, Sec. 88. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  175. 26155.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section exempts certain indoor advertising signs at licensed cannabis premises from a separate rule, if they are not visible from a public place and do not target people under 21; it also excludes noncommercial speech from the chapter.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26155. (a) The provisions of subdivision (g) of Section 26152 shall not apply to the placement of advertising signs inside a licensed premises and which are not visible by normal unaided vision from a public place, provided that such advertising signs do not advertise cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. (b) This chapter does not apply to any noncommercial speech. (Amended by Stats. 2017, Ch. 27, Sec. 89. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  176. 26156.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Section 5272’s requirements apply to this division.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 15. Advertising and Marketing Restrictions [26150 - 26156] ( Chapter 15 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26156. The requirements of Section 5272 apply to this division. (Added by Stats. 2017, Ch. 27, Sec. 90. (SB 94) Effective June 27, 2017.)
  177. 26160.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis licensees must keep accurate records, retain them for at least seven years, and provide them to the department on request.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26160. (a) A licensee shall keep accurate records of commercial cannabis activity. (b) All records related to commercial cannabis activity as defined by the department shall be maintained for a minimum of seven years. (c) The department may examine the records of a licensee and inspect the premises of a licensee as the department, or a state or local agency, deems necessary to perform its duties under this division. All inspections and examinations of records shall be conducted during standard business hours of the licensed facility or at any other reasonable time. Licensees shall provide and deliver records to the department upon request. (d) Licensees shall keep records identified by the department on the premises of the location licensed. The department may make any examination of the records of any licensee. Licensees shall also provide and deliver copies of documents to the department upon request. (e) A licensee, or its agent or employee, that refuses, impedes, obstructs, or interferes with an inspection of the premises or records of the licensee pursuant to this section, has engaged in a violation of this division. (f) If a licensee, or an agent or employee of a licensee, fails to maintain or provide the records required pursuant to this section, the licensee shall be subject to a citation and fine of up to thirty thousand dollars ($30,000) per individual violation. (Amended by Stats. 2021, Ch. 70, Sec. 77. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  178. 26161.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Cannabis licensees must record sales or transport between licensees on a sales invoice or receipt and keep those records accessible for examination.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26161. (a) Every sale or transport of cannabis or cannabis products from one licensee to another licensee must be recorded on a sales invoice or receipt. Sales invoices and receipts may be maintained electronically and must be filed in such manner as to be readily accessible for examination by employees of the department or California Department of Tax and Fee Administration and shall not be commingled with invoices covering other commodities. (b) Each sales invoice required by subdivision (a) shall include the name and address of the seller and shall include the following information: (1) Name and address of the purchaser. (2) Date of sale and invoice number. (3) Kind, quantity, size, and capacity of packages of cannabis or cannabis products sold. (4) The cost to the purchaser, together with any discount applied to the price as shown on the invoice. (5) The place from which transport of the cannabis or cannabis product was made unless transport was made from the premises of the licensee. (6) Whether the cannabis or cannabis products are designated for donation to a medicinal cannabis patient. (7) Any other information specified by the department. (Amended by Stats. 2021, Ch. 70, Sec. 78. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  179. 26161.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A cannabis licensee generally may not disclose a consumer’s personal information to third parties, and may not deny service or discriminate because the consumer refused consent for that disclosure.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26161.5. (a) A licensee shall not disclose a consumer’s personal information to a third party, except to the extent necessary to allow responsibility for payment to be determined and payment to be made or if the consumer has consented to the licensee’s disclosure of the personal information. This section does not prohibit the disclosure of nonpublic personal information to the State of California or a city, county, or city and county to perform official duties pursuant to this division or a local ordinance. (b) A licensee shall not discriminate against a consumer, or deny a consumer a product or service, because the consumer has not provided consent, pursuant to subdivision (a), to authorize the licensee to disclose the consumer’s nonpublic personal information to a third party not directly related to the transaction. (c) For purposes of this section, “personal information” has the same meaning as defined in subdivision (d) of Section 1798.81.5 of the Civil Code. (d) For the purposes of this section, “third party” does not include a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain a consumer’s personal information for any other purpose or share a consumer’s personal information with any party other than the contracting licensee. (e) This section provides greater protection to personal information than that provided by Section 1798.81.5 of the Civil Code, which does not apply to licensees under this division pursuant to paragraph (5) of subdivision (e) of Section 1798.81.5 of the Civil Code. (Added by Stats. 2018, Ch. 583, Sec. 1. (AB 2402) Effective January 1, 2019.)
  180. 26162.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Patient, medical-condition, and caregiver-identifying information in certain cannabis records is confidential and generally cannot be disclosed, with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26162. (a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the office or the department for the purposes of administering this chapter are confidential and shall not be disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, or a local ordinance. (b) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the department for the purposes of administering this chapter shall be maintained in accordance with Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code, Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, and other state and federal laws relating to confidential patient information. (c) Nothing in this section precludes the following: (1) Employees of the department notifying state or local agencies about information submitted to the agency that the employee suspects is falsified or fraudulent. (2) Notifications from the department to state or local agencies about apparent violations of this division or applicable local ordinance. (3) Verification of requests by state or local agencies to confirm licenses and certificates issued by the department or other state agency. (4) Provision of information requested pursuant to a court order or subpoena issued by a court or an administrative agency or local governing body authorized by law to issue subpoenas. (d) Information shall not be disclosed by any state or local agency beyond what is necessary to achieve the goals of a specific investigation, notification, or the parameters of a specific court order or subpoena. (Amended by Stats. 2022, Ch. 28, Sec. 19. (SB 1380) Effective January 1, 2023.)
  181. 26162.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    Licensees generally may not disclose certain cannabis-related medical information, except for specified government duties or to software contractors for transaction or eligibility checks.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26162.5. (a) Identification cards issued pursuant to Section 11362.71 of the Health and Safety Code are hereby deemed “medical information” within the meaning of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and shall not be disclosed by a licensee except as (1) necessary for the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, Part 1 (commencing with Section 6001) and Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code, or a local ordinance, or (2) to a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain medical information for any other purpose or share information with any party other than the contracting licensee. (b) Information contained in a physician’s recommendation issued in accordance with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 and received by a licensee, including, but not limited to, the name, address, or social security number of the patient, the patient’s medical condition, or the name of the patient’s primary caregiver is hereby deemed “medical information” within the meaning of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and shall not be disclosed by a licensee except as (1) necessary for the State of California or any city, county, or city and county to perform official duties pursuant to this chapter, Part 1 (commencing with Section 6001) and Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code, or a local ordinance, or (2) to a contractor providing software services to a licensee for the purpose of conducting a transaction or verifying eligibility, provided that the contractor does not use or retain medical information for any other purpose or share information with any party other than the contracting licensee. (Amended by Stats. 2019, Ch. 837, Sec. 7. (SB 34) Effective January 1, 2020.)
  182. 26163.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    On request, the department must give the CalSavers Retirement Savings Board specified information about each licensee, and the board may use shared information only to administer the CalSavers Retirement Program.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 16. Records [26160 - 26163] ( Chapter 16 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26163. (a) The department shall, upon the request of the CalSavers Retirement Savings Board, furnish to the board, as applicable, the following information with respect to every licensee: (1) Licensee. (2) Licensee’s physical and mailing addresses. (3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (7) Whether license is active or inactive, if known. (b) Information shared with the CalSavers Retirement Savings Board shall be used only for the purposes of administering the CalSavers Retirement Program. (Amended by Stats. 2021, Ch. 70, Sec. 80. (AB 141) Effective July 12, 2021.)
  183. 26180.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must set cannabis application, licensing, and renewal fees based on enforcement costs and charge each licensee the applicable fees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26180. The department shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this division, as follows: (a) The department shall charge each licensee a licensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this division. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this division as they relate to the nature and scope of the different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 26067, but shall not exceed the reasonable regulatory costs to the department. (b) The total fees assessed pursuant to this division shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this division. (c) All license fees shall be set on a scaled basis by the department, dependent on the size of the business. (d) The department shall deposit all fees collected in a fee account to be established in the Cannabis Control Fund. Moneys in the fee account shall be used, upon appropriation by the Legislature, by the department for the administration of this division. (Amended by Stats. 2021, Ch. 70, Sec. 81. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  184. 26180.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The Secretary of Business, Consumer Services, and Housing or a designee must start work with specified state departments and the Legislature by January 1, 2018 to create a safe way to collect cash payments for cannabis-related taxes and fees.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26180.5. (a) No later than January 1, 2018, the Secretary of Business, Consumer Services, and Housing or their designee shall initiate work with the Legislature, the Department of Consumer Affairs, the Department of Food and Agriculture, the State Department of Public Health, and any other related departments to ensure that there is a safe and viable way to collect cash payments for taxes and fees related to the regulation of cannabis activity throughout the state. (b) This section shall remain operative only until July 1, 2026, and as of that date is repealed. (Amended by Stats. 2026, Ch. 28, Sec. 11. (SB 170) Effective June 29, 2026. Repealed as of July 1, 2026, by its own provisions.)
  185. 26181.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The named agencies may establish fees to cover the costs of their cannabis programs.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 18. License Fees [26180 - 26181] ( Chapter 18 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26181. The State Water Resources Control Board, the Department of Fish and Wildlife, and other agencies may establish fees to cover the costs of their cannabis programs. (Amended by Stats. 2017, Ch. 27, Sec. 98. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  186. 26190.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must prepare and submit an annual cannabis activities report to the Legislature each year and post it on its website.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26190. Beginning on March 1, 2023, and on or before March 1 of each year thereafter, the department shall prepare and submit to the Legislature an annual report on the department’s activities, in compliance with Section 9795 of the Government Code, and post the report on the department’s internet website. The report shall include, but not be limited to, the following information for the previous fiscal year: (a) The amount of funds allocated and spent by the department for cannabis licensing, enforcement, and administration. (b) The number of state licenses issued, renewed, denied, suspended, and revoked, by state license category. (c) The average time for processing state license applications, by state license category. (d) The number of appeals from the denial of state licenses or other disciplinary actions taken by the department and the average time spent on these appeals. (e) The number of complaints submitted by citizens or representatives of cities or counties regarding licensees, provided as both a comprehensive statewide number and by geographical region. (f) The number and type of enforcement activities conducted by the department and by local law enforcement agencies in conjunction with the department. (g) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the department. (h) The number of licenses on which the department imposed conditions and the categories of conditions imposed on licenses. (i) A detailed list of the petitions for regulatory relief or rulemaking changes received by the department from licensees requesting modifications of the enforcement of rules under this division. (j) A list of interstate cannabis agreements entered into pursuant to Chapter 25 (commencing with Section 26300), including information regarding the terms and conditions of each agreement, the activities undertaken by state agencies to implement the agreement, and the effects of the agreement on California’s cannabis industry. (k) (1) For the first publication of the reports, the department shall provide a joint report to the Legislature regarding the state of the cannabis market in California. This report shall identify any statutory or regulatory changes necessary to ensure that the implementation of this division does not do any of the following: (A) Allow unreasonable restraints on competition by creation or maintenance of unlawful monopoly power. (B) Perpetuate the presence of an illegal market for cannabis or cannabis products in the state or out of the state. (C) Encourage underage use or adult abuse of cannabis or cannabis products, or illegal diversion of cannabis or cannabis products out of the state. (D) Result in an excessive concentration of licensees in a given city, county, or both. (E) Present an unreasonable risk of minors being exposed to cannabis or cannabis products. (F) Result in violations of any environmental protection laws. (2) For purposes of this subdivision, “excessive concentration” means when the premises for a retail license, microbusiness license, or a license issued under Section 26070.5 is located in an area where either of the following conditions exist: (A) The ratio of licensees to population in a census tract or census division exceeds the ratio of licensees to population in the county in which the census tract or census division is located, unless reduction of that ratio would unduly limit the development of the legal market so as to perpetuate the illegal market for cannabis or cannabis products. (B) The ratio of retail licenses, microbusiness licenses, or licenses under Section 26070.5 to population in the census tract, division, or jurisdiction exceeds that allowable by local ordinance adopted under Section 26200. (Amended by Stats. 2022, Ch. 396, Sec. 2. (SB 1326) Effective January 1, 2023. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  187. 26190.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The department must contract with the California Cannabis Research Program to develop a study about how cannabis affects motor skills.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26190.5. The department shall contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, and formerly known as the California Marijuana Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills. (Amended by Stats. 2021, Ch. 70, Sec. 83. (AB 141) Effective July 12, 2021.)
  188. 26191.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    The Office of State Audits and Evaluations within the Department of Finance must do a performance audit of the department’s activities under this division every three years starting January 1, 2022, and report the findings to the department and the Legislature by July 1. The Legislature must provide enough funds for the audit.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 19. Annual Reports; Performance Audit [26190 - 26191] ( Chapter 19 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26191. (a) Commencing January 1, 2022, and by January 1 triennially thereafter, the Office of State Audits and Evaluations within the Department of Finance shall conduct a performance audit of the department’s activities under this division, and shall report its findings to the department and the Legislature by July 1 of that same year. The report shall include, but not be limited to, the following: (1) The actual costs of the program. (2) The overall effectiveness of enforcement programs. (3) Any report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (b) The Legislature shall provide sufficient funds to the Department of Finance to conduct the triennial audit required by this section. (Amended by Stats. 2021, Ch. 70, Sec. 84. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  189. 2620.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    This section defines physical therapy, describes what it includes, and says some uses are not authorized under that term.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2620. (a) Physical therapy means the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise, and shall include physical therapy evaluation, treatment planning, instruction and consultative services. The practice of physical therapy includes the promotion and maintenance of physical fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy interventions. The use of roentgen rays and radioactive materials, for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term “physical therapy” as used in this chapter, and a license issued pursuant to this chapter does not authorize the diagnosis of disease. (b) Nothing in this section shall be construed to restrict or prohibit other healing arts practitioners licensed or registered under this division from practice within the scope of their license or registration. (Amended by Stats. 2004, Ch. 117, Sec. 1. Effective January 1, 2005.)
  190. 2620.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A person may start physical therapy directly with a licensed physical therapist, but the therapist must refer the patient if more care is needed, follow disclosure and notice rules, and stop without approval after 45 calendar days or 12 visits, whichever comes first.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2620.1. (a) In addition to receiving those services authorized by Section 2620, a person may initiate physical therapy treatment directly from a licensed physical therapist if the treatment is within the scope of practice of physical therapists, as defined in Section 2620, and all of the following conditions are met: (1) If, at any time, the physical therapist has reason to believe that the patient has signs or symptoms of a condition that requires treatment beyond the scope of practice of a physical therapist or the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable, or functional improvement, the physical therapist shall refer the patient to a person holding a physician and surgeon’s certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California or to a person licensed to practice dentistry, podiatric medicine, or chiropractic. (2) The physical therapist shall comply with Section 2633, and shall disclose to the patient any financial interest they have in treating the patient and, if working in a physical therapy corporation, shall comply with Article 6 (commencing with Section 650) of Chapter 1. (3) With the patient’s written authorization, the physical therapist shall notify the patient’s physician and surgeon, if any, that the physical therapist is treating the patient. (4) The physical therapist shall not continue treating the patient beyond 45 calendar days or 12 visits, whichever occurs first, without receiving, from a person holding a physician and surgeon’s certificate from the Medical Board of California or the Osteopathic Medical Board of California or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapist’s plan of care indicating approval of the physical therapist’s plan of care. Approval of the physical therapist’s plan of care shall include an in-person or telehealth patient examination and evaluation of the patient’s condition, as determined by the physician and surgeon or podiatrist, and, if indicated, testing by the physician and surgeon or podiatrist. (b) The conditions in paragraph (4) of subdivision (a) do not apply to a physical therapist under either of the following circumstances: (1) When the physical therapist is only providing wellness physical therapy services to a patient as described in subdivision (a) of Section 2620. (2) Pursuant to Section 56363 of the Education Code or Section 7572 of the Government Code, when the physical therapist is providing physical therapy services as part of an individualized family service plan or an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the individual receiving those services does not have a medical diagnosis. (c) (1) This section does not expand or modify the scope of practice for physical therapists set forth in Section 2620, including the prohibition on a physical therapist diagnosing a disease. (2) This section does not restrict or alter the scope of practice of any other health care professional. (d) Nothing in this section shall be construed to require a health care service plan, insurer, workers’ compensation insurance plan, employer, or state program to provide coverage for direct access to treatment by a physical therapist. (e) When a person initiates physical therapy treatment services directly, pursuant to this section, the physical therapist shall not perform physical therapy treatment services without first providing the following notice to the patient, orally and in writing, in at least 14-point type and signed by the patient: “Direct Physical Therapy Treatment Services You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California. Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and surgeon’s certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapist’s plan of care indicating approval of the physical therapist’s plan of care and that an in-person or telehealth patient examination and evaluation was conducted by the physician and surgeon or podiatrist. Patient’s Signature/Date” (Amended by Stats. 2022, Ch. 509, Sec. 3. (SB 1438) Effective January 1, 2023.)
  191. 2620.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A licensed physical therapist may apply topical medications for physical therapy if the therapist follows board regulations and the Administrative Procedure Act. The board must adopt regulations about which topical medications and protocols apply, after consulting the Medical Board of California and the California State Board of Pharmacy. The section does not authorize prescribing medications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2620.3. A physical therapist licensed pursuant to this chapter may apply topical medications as part of the practice of physical therapy as defined in Section 2620 if he or she complies with regulations duly adopted by the board pursuant to this section and the Administrative Procedure Act. The board shall adopt regulations implementing this section after meeting and conferring with the Medical Board of California and the California State Board of Pharmacy specifying those topical medications applicable to the practice of physical therapy and protocols for their use. Nothing in this section shall be construed to authorize a physical therapist to prescribe medications. (Amended by Stats. 1996, Ch. 829, Sec. 19. Effective January 1, 1997.)
  192. 2620.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A physical therapist may perform tissue penetration for neuromuscular evaluation only with specified physician and surgeon authorization, board certification, and no diagnostic or prognostic interpretation of the data.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2620.5. A physical therapist may, upon specified authorization of a physician and surgeon, perform tissue penetration for the purpose of evaluating neuromuscular performance as a part of the practice of physical therapy, as defined in Section 2620, provided the physical therapist is certified by the board to perform the tissue penetration and evaluation and provided the physical therapist does not develop or make diagnostic or prognostic interpretations of the data obtained. Any physical therapist who develops or makes a diagnostic or prognostic interpretation of this data is in violation of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2), and may be subject to all of the sanctions and penalties set forth in that act. The board, after meeting and conferring with the Division of Licensing of the Medical Board of California, shall do all of the following: (a) Adopt standards and procedures for tissue penetration for the purpose of evaluating neuromuscular performance by certified physical therapists. (b) Establish standards for physical therapists to perform tissue penetration for the purpose of evaluating neuromuscular performance. (c) Certify physical therapists meeting standards established by the board pursuant to this section. (Added by Stats. 2000, Ch. 427, Sec. 1. Effective January 1, 2001.)
  193. 2620.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    Patient records must be documented as required by board regulations and kept for at least seven years after discharge.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2620.7. (a) Patient records shall be documented as required in regulations promulgated by the board. (b) Patient records shall be maintained for a period of no less than seven years following the discharge of the patient, except that the records of unemancipated minors shall be maintained at least one year after the minor has reached 18 years of age, and not in any case less than seven years. (Amended by Stats. 2013, Ch. 389, Sec. 21. (SB 198) Effective January 1, 2014.)
  194. 26200.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section preserves local control over cannabis businesses and sets rules for temporary events and onsite consumption, including notice, list-sharing, safety, and alcohol/tobacco restrictions.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (A) The requirements of subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness. (8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act. (A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (g) (1) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, if all of the conditions in paragraph (2) are met, a local jurisdiction may allow for any of the following: (A) Smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division that has been granted authority by a local jurisdiction to engage in onsite cannabis consumption. (B) Preparation or sale of noncannabis food or beverage products in compliance with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code) by a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed. (C) Live musical or other performances on the premises of a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed, and the sale of tickets for those performances. (2) A local jurisdiction may allow any of the activities provided in paragraph (1) if all of the following conditions are met: (A) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older and each entrance to the area prominently posts a warning that cannabis consumption, including smoking of cannabis, is permitted inside. (B) Cannabis consumption is not visible from any public place or nonage-restricted area. (C) Sale or consumption of alcohol or tobacco is not allowed on the premises. (D) Noncannabis food or beverage products are not contaminated by or commingled with any cannabis products sold or served on the premises where the consumption of cannabis or cannabis products is allowed. (E) (i) Smoking or vaporizing of any cannabis or cannabis product by an employee or customer is not allowed in the food preparation, food storage, or warewashing area of a food facility located on the premises. (ii) For purposes of this subparagraph, the following definitions apply: (I) “Food facility” has the same meaning as that term is defined in Section 113789 of the Health and Safety Code. (II) “Warewashing” has the same meaning as that term is defined in Section 113940 of the Health and Safety Code. (F) The local jurisdiction considers whether to require adequate ventilation and filtration systems. (i) Ventilation and filtration systems are considered adequate for the purpose of this subparagraph if they prevent smoke and odors from migrating to any other part of the building hosting the consumption lounge or any neighboring building or grounds. (ii) Nothing in this subparagraph prohibits a local jurisdiction from allowing one or more forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division, including smoking, vaporizing, and ingesting of cannabis or cannabis products, while prohibiting other forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division. (G) (i) Employees are permitted at their discretion and without penalty or sanction to wear a mask for respiration, including N95 and NIOSH N95 rated masks in any area where cannabis is smoked. (ii) Employers are required to pay for the mask. (H) When hired, employees who will be working where cannabis or cannabis product are smoked shall be provided in writing the Department of Public Health or its successor’s guidance regarding secondhand cannabis smoke. (I) A cannabis consumption lounge that offers on-site consumption of cannabis products shall include secondhand smoke in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations. (J) Loitering in or around the business is prohibited, and the retailer or microbusiness shall ensure the absence of loitering. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division. (j) If a retailer or microbusiness license issued under this division is suspended, the licensee shall not engage in activities authorized under subdivision (g) for the duration of the license suspension. (k) All noncannabis food and beverages present, pursuant to this section, on the premises of a retailer or microbusiness licensed under this division shall be stored and displayed separately and distinctly from all cannabis and cannabis products present on the premises. (l) Subdivision (g) does not authorize a retailer or microbusiness licensed under this division to prepare or sell industrial hemp or any products containing industrial hemp. (Amended by Stats. 2025, Ch. 248, Sec. 22. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  195. 26201.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    State rules on health, safety, testing, security, food safety, environmental protection, and worker protections are the minimum standards for all cannabis licensees statewide; local jurisdictions may add more standards.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26201. Any standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections established by the state shall be the minimum standards for all licensees under this division statewide. A local jurisdiction may establish additional standards, requirements, and regulations. (Added November 8, 2016, by initiative Proposition 64, Sec. 6.1.)
  196. 26202.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    A local jurisdiction may enforce this cannabis law and related department regulations only if the department delegates that power to it. The department must implement the delegation through an agreement with the local jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 20. Local Control [26200 - 26202] ( Chapter 20 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26202. (a) A local jurisdiction may enforce this division and the regulations promulgated by the department if delegated the power to do so by the department. (b) The department shall implement the delegation of enforcement authority in subdivision (a) through an agreement between the department and the local jurisdiction to which enforcement authority is to be delegated. (Amended by Stats. 2021, Ch. 70, Sec. 86. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  197. 2621.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. )

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    A physical therapist may not practice medicine, surgery, or any other form of healing except as authorized by Section 2620.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5.7. Physical Therapy [2600 - 2696] ( Chapter 5.7 added by Stats. 1953, Ch. 1826. ) ## ARTICLE 2. Scope of Regulation and Exemptions [2620 - 2634] ( Heading of Article 2 amended by Stats. 2013, Ch. 389, Sec. 20. ) ## 2621. Nothing in this chapter shall be construed as authorizing a physical therapist to practice medicine, surgery, or any other form of healing except as authorized by Section 2620. (Repealed and added by Stats. 1968, Ch. 1284.)
  198. 26210.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section renames the Marijuana Control Fund as the Cannabis Control Fund and directs how related money must be handled.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26210. (a) The Marijuana Control Fund, formerly known as the Medical Cannabis Regulation and Safety Act Fund and the Medical Marijuana Regulation and Safety Act Fund, is hereby renamed the Cannabis Control Fund. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on moneys in the fund. (b) Upon the effective date of this section, whenever “Marijuana Control Fund,” “Medical Cannabis Regulation and Safety Act Fund,” or “Medical Marijuana Regulation and Safety Act Fund” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Cannabis Control Fund. (c) Any General Fund or special fund loan that was used to establish and support the regulatory activities of the state licensing entities pursuant to former Section 19351 shall be repaid by the initial proceeds from fees collected pursuant to this division or any rule or regulation adopted pursuant to this division, by January 1, 2022. Should the initial proceeds from fees not be sufficient to repay the loan, moneys from the Cannabis Fines and Penalties Account shall be made available to the department, by appropriation of the Legislature, to repay the loan. (d) Except as otherwise provided, all moneys collected pursuant to this division as a result of fines or penalties imposed under this division shall be deposited directly into the Cannabis Fines and Penalties Account, which is hereby continued in existence, and shall be available, upon appropriation by the Legislature. (Amended by Stats. 2021, Ch. 70, Sec. 87. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  199. 26210.5.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    By July 1, 2018, the Bureau of Cannabis Control must work with the Department of General Services to establish an office for collecting fees and taxes in Humboldt, Trinity, or Mendocino County.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26210.5. By July 1, 2018, the Bureau of Cannabis Control, in coordination with the Department of General Services, shall establish an office to collect fees and taxes in the County of Humboldt, County of Trinity, or County of Mendocino in order to ensure the safe payment and collection of cash in those counties. (Amended by Stats. 2021, Ch. 70, Sec. 88. (AB 141) Effective July 12, 2021.)
  200. 26211.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )

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    This section requires state funding for cannabis regulation and a public information program, with repayment of advances by January 1, 2025.

    ## Business and Professions Code - BPC ## DIVISION 10. Cannabis [26000 - 26325] ( Heading of Division 10 amended by Stats. 2017, Ch. 27, Sec. 3. ) ## CHAPTER 21. Funding [26210 - 26211] ( Chapter 21 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. ) ## 26211. (a) Funds for the initial establishment and support of the regulatory activities under this division, including the public information program described in subdivision (c), and for the activities of the California Department of Tax and Fee Administration under Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code until July 1, 2017, or until the 2017 Budget Act is enacted, whichever occurs later, shall be advanced from the General Fund and shall be repaid by the initial proceeds from fees collected pursuant to this division, any rule or regulation adopted pursuant to this division, or revenues collected from the tax imposed by Sections 34011 and 34012 of the Revenue and Taxation Code, by January 1, 2025. (1) Funds advanced pursuant to this subdivision shall be appropriated to the department as necessary to implement the provisions of this division, and to the California Department of Tax and Fee Administration, as necessary, to implement the provisions of Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. (2) Within 45 days of November 9, 2016, the date this section became operative: (A) The Director of Finance shall determine an amount of the initial advance from the General Fund to the Cannabis Control Fund that does not exceed thirty million dollars ($30,000,000); and (B) There shall be advanced a sum of five million dollars ($5,000,000) from the General Fund to the State Department of Health Care Services to provide for the public information program described in subdivision (c). (b) Notwithstanding subdivision (a), the Legislature shall provide sufficient funds to the Cannabis Control Fund to support the activities of the department under this division, and the California Department of Tax and Fee Administration to support its activities under Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. It is anticipated that this funding will be provided annually beginning on July 1, 2017. (c) The State Department of Health Care Services shall establish and implement a public information program no later than September 1, 2017. This public information program shall, at a minimum, describe the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016, the scientific basis for restricting access of cannabis and cannabis products to persons under the age of 21 years, describe the penalties for providing access to cannabis and cannabis products to persons under the age of 21 years, provide information regarding the dangers of driving a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation while impaired from cannabis use, the potential harms of using cannabis while pregnant or breastfeeding, and the potential harms of overusing cannabis or cannabis products. (Amended by Stats. 2021, Ch. 70, Sec. 89. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)

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