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California Cannabis Updates

Media Report: California launches probe of cannabis licensing to ‘clean house’ of corruption

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Corruption in California’s cannabis industry has become widespread and brazen.

There have been pay-to-play schemes, including a demand for cash in a brown paper bag for a pot license, threats of violence against local officials, and city council members accepting money from cannabis businesses even as they regulated them.

Those problems and more were uncovered by a sweeping Los Angeles Times investigation last year. Now state officials are launching an audit aimed at curtailing bribery, conflicts of interest and other misdeeds.

The inquiry, requested by Assemblyman Reggie Jones-Sawyer, D-Los Angeles, and authorized Wednesday by the state Joint Legislative Audit Committee, comes more than six years after California voters approved Proposition 64, the ballot measure that legalized recreational cannabis and unleashed a wave of corruption that has afflicted local governments in rural Northern California enclaves and towns like Calexico near the Mexican border.

Other state lawmakers have proposed hearings and reforms following The Times’ “Legal Weed, Broken Promises” investigative series, which also highlighted the failures of public officials to root out the illegal cannabis market and protect the workers toiling and dying on farms.

State auditors plan to identify six jurisdictions with licensed cannabis businesses and review criteria used to approve the permits, reviewing local governments that have been rocked by corruption allegations and others that appear to have fewer such problems.

They’ll be looking for patterns in the licensing rules that indicate whether certain practices are “more susceptible to fraud and abuse,” State Auditor Grant Parks told lawmakers Wednesday. They’ll also be reviewing a “fairly good sample” of cannabis permits to check whether local authorities followed rules they had set, he said.

The findings could form the basis for legislation and new regulations governing licensing, Parks said.

In an interview, Jones-Sawyer hailed the action as a step toward reform.

“If we don’t clean house, nobody else will. I think this will prove to the public that we take corruption very seriously,” said Jones-Sawyer, who declared himself the state’s “cannabis cop” after publication of the Times investigations.

Proposition 64 left ultimate business licensing in the hands of cities and counties. Part-time, often low-paid local elected officials became gatekeepers over decisions worth potentially millions of dollars to business owners in the hyper-competitive cannabis market.

The state’s dual state and local licensing system is widely blamed for creating a fertile ground for corruption. The Times investigation uncovered a possible six-figure bribe demand by the former mayor in Baldwin Park — later corroborated by a federal plea agreement — and other potential conflicts of interest around the state.

At Wednesday’s hearing, Amy Jenkins, representing the California Cannabis Industry Assn., blamed local regulations for the corruption problem, arguing that measures such as license caps allowed municipal leaders to pick winners and losers in the market and open up opportunities for payoffs.

Fewer than half of California’s cities and counties allow some type of cannabis business — retail, cultivation, manufacturing or other types of licenses — to operate within their borders. The audit, Jenkins said, could lead to more “liberal” local regulations that reduce opportunities for payoffs and allow more cannabis businesses to open.

“Legal cannabis has failed and will continue to fail until we are able to fully integrate cannabis into our economy,” she said.

Assemblyman Jim Patterson, R-Fresno, agreed that there was an “undercurrent of misconduct” in cannabis licensing. He suggested that his own community be among those examined to determine which practices are least likely to lead to corruption.

“Fresno’s now the fifth-largest city in the state of California, it’s the capital city of a significant region of the state. For whatever it’s worth I think the Fresno region ought to be considered part of that,” Patterson said.

Previous attempts by Jones-Sawyer to investigate corruption in the weed industry had been stymied, with lobbyists for local communities arguing against such proposals, calling them politically motivated, he said.

But with the Times series on the failures of Proposition 64, a new committee chair and the latitude to pick which cities to target, Jones-Sawyer said he was finally was able to marshal enough support to get the audit approved.

No one at Wednesday’s hearing opposed the plan.

“Going from, I had to fight just to get it heard to where it’s now a unanimous decision, I think people now understand how important it is to ferret out corruption, even if it’s just one elected official,” he said.

Source:  https://www.record-bee.com/2023/03/24/california-launches-probe-of-cannabis-licensing-to-clean-house-of-corruption/



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California Cannabis Updates

August 23 2024: Department of Cannabis Control Files Emergency Rulemaking Action to Readopt Cultivation License Changes pursuant to Business and Professions Code section 26061.5

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Department of Cannabis Control Files Emergency Rulemaking Action to Readopt Cultivation License Changes pursuant to Business and Professions Code section 26061.5

August 23, 2024

The Department of Cannabis Control (DCC) has filed an action with the Office of Administrative Law (OAL) to readopt its emergency regulations implementing Senate Bill 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes including: change the type of size of a cultivation license; place a cultivation license in inactive status; or make a one-time change to a cultivation license’s date of renewal.

View the proposed finding of emergency and notice of proposed adoption and the proposed text of emergency regulations below:

The five-calendar day public comment period for this emergency action starts once OAL posts notice of the filing on its website. Emergency regulations under review by OAL can be found on its Emergency Regulation’s Under Review webpage.



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California Cannabis Updates

Oakland police seize banned tobacco products, psilocybin candy bars from smoke shop

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Oakland police are investigating an unlicensed smoke shop in East Oakland where officers seized several illegal products earlier this week, including cartons of banned tobacco products from out of state and nearly 10 pounds of marijuana bud.

Police on Wednesday confiscated other items at the shop in the 2500 block of Seminary Avenue that included Psilocybin “magic” mushroom candy bars and close to 20 pounds of suspected THC products.

Officers with the police department’s Alcohol Beverage Action Team were following up on anonymous complaints about the shop. In addition to seizing illegal items, they detained a store clerk.

No arrests were made, but the case will be forwarded to the Alameda County District Attorney’s office for further action, including civil charges and potential eviction, police said in a news release on Thursday.

https://www.cbsnews.com/sanfrancisco/news/east-oakland-smoke-shop-bust-illegal-tobacco-marijuana-mushrooms-thc-seminary-avenue/



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California Cannabis Updates

CBS News Report: Cannabis-legal California battling surging illegal marijuana operations

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DISCOVERY BAY – In a state where cannabis is widely legalized, California still has a significant illegal marijuana scene. The state Department of Cannabis Control (DCC) is only two years old but is quickly tackling and dismantling these operations.

For Bill Jones of the DCC, it was just another Tuesday as he pulled up to an unsuspecting house in a gated neighborhood. To the untrained eye, one would never guess what was hiding inside.

“It really could be anywhere,” Jones told CBS News Bay Area. “It could be your neighborhood, could be my neighborhood.

CBS News Bay Area was invited on a ride along while DCC officers executed search warrants and seized illegal crops.

Inside four homes in a Discovery Bay neighborhood, officers found illegal cannabis operations.

“We’re going to see anywhere between 3,000 to 5,000 plants,” Jones said. “And we’re talking about a square mile here.”

Jones has been in law enforcement for nearly three decades and the DCC holds a personal significance as he was part of the team tasked with standing the department up in 2021.

“I hired all these officers,” Jones said. “I’m so proud of my people. They work so hard.”

Upon entry into the house, the smell of cannabis fills the space and each room has its own microclimate as those who tended to the crop closely monitored the environment of the plants. But in doing so, the practice created an illegal and hazardous space.

“There’s a really sharp contrast between the illegal cannabis market and the licensed cannabis market,” Jones explained. “The illegal market which in part has criminal organizations like Mexican cartels and Chinese triads and other transnational criminal organizations operating it. They pay no taxes, they have no concerns about how they grow and distribute, they use banned chemicals and pesticides. They take advantage of their employees, sometimes they even engage in human trafficking.”

In the first two stops, officers seized nearly 2,000 plants totaling 1,000 pounds of cannabis.

Read full report

https://www.cbsnews.com/sanfrancisco/news/cannabis-control-ride-pot-bust-grow-house-discovery-bay/



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