Pursuant to Business and Professions Code section 26011.5, the protection of the public is of the highest priority for the Bureau of Cannabis Control (Bureau). In keeping with its mandate to protect the public, the Bureau has adopted these recommended uniform guidelines in order to promote consistency in disciplinary orders for similar offenses on a statewide basis. This document is intended for use by those involved in the administrative disciplinary process (e.g., Administrative Law Judges (ALJ), Deputy Attorneys General (DAG), Bureau licensees and their legal counsel, and other interested parties), and may be revised from time to time, and distributed to interested parties upon request.
The Bureau requests that the suggested disciplinary orders contained in these guidelines be levied consistently and appropriately, based on the nature and seriousness of the violation(s) confirmed in an administrative action. The Bureau recognizes that mitigating or aggravating circumstances, in addition to other factors, may necessitate departure from these recommended orders and terms of probation. If there are any deviations from the guidelines, the Bureau requests that the ALJ hearing the matter include an explanation in the Proposed Decision so that the circumstances can be better understood and evaluated by the Bureau before final action is taken.
Additionally, these guidelines only apply to formal administrative disciplinary processes. These guidelines do not apply to other alternatives available to the Bureau, such as administrative citations and fines, except in cases where an Accusation has been filed against a registrant or licensee for failure to pay an assessed administrative fine and/or comply with an order of abatement issued by the Bureau
FACTORS TO BE CONSIDERED IN DETERMINING PENALTIES
In determining whether revocation, suspension, probation, fine, or a combination is to be imposed in a given case, factors such as the following should be considered:
1. Nature and severity of the act(s), offenses, or crime(s) under consideration.
2. Actual or potential harm to the public.
3. Actual or potential harm to any consumer.
4. Prior disciplinary record.
5. Number and/or variety of current violations.
6. Mitigating evidence.
7. Rehabilitation evidence, including but not limited to, a statement of rehabilitation containing any evidence that demonstrates fitness for licensure, or a certificate of rehabilitation under Penal Code section 4852.01.
8. In case of a criminal conviction, compliance with conditions of sentence and/or court ordered probation.
9. Overall criminal record.
10. Time passed since the act(s) or offense(s) occurred.
11. If applicable, evidence of expungement proceedings pursuant to Penal Code Section 1203.4.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) specifies the offenses for which the Bureau may take disciplinary action. Following are samples of the codes and regulation numbers, titles of the offenses and the associated Bureau determined disciplinary recommendations. When filing an accusation, the Bureau or Office of the Attorney General are not limited to the violations listed herein. They may also cite any and all additional related statutes and regulations violated not listed below. The following is not a comprehensive list of potential violations and in no way, should limit the Bureau or the Attorney General’s Office from asserting any relevant and applicable violation. The Bureau suggests that for cases with multiple violations, suspensions or other disciplines run concurrently. All standard terms of probation as stated herein shall be included for all probations.
As used herein, statutes and regulations are referenced as follows: Business and Professions Code: (B&P) Title 16, California Code of Regulations: (CCR) Penal Code: (PC)