This bill is part of the 2020 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
AB 2437 (Quirk D) Civil actions: statute of limitations.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, imposes a 5-year statute of limitations for a licensing authority to file accusations and to seek a fine against a licensee for noncompliance with MAUCRSA’s provisions, except as specified. MAUCRSA also permits a licensing authority, the Attorney General, a district attorney, a county counsel, a city prosecutor, or a city attorney to bring an action for civil penalties against a person engaging in commercial cannabis activity without a license of up to 3 times the amount of the license fee.
Existing law requires specified actions upon a statute for a penalty or forfeiture to commence within one year.
This bill would require the agency bringing the civil action for penalties to do so within three years of discovery of the facts constituting the grounds for commencing the action.
The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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