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California Hashish: Previous Legal Conviction Not a Deal Breaker Below Proposed Guidelines Amendments – Canna Regulation Weblog™

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On October 16, 2020, the Bureau of Hashish Management (“BCC”) issued a Notice of Proposed Rulemaking referring to regulatory modifications to the industrial hashish license utility course of. The proposed rule modifications will have an effect on Title 16, California Code of Rules, sections 5002, 5017, 5021 and 5600.

These proposed laws will implement the statutory modifications referred to as for in AB 2138, which was signed by the Governor on September 30, 2018. The provisions inside AB 2138 turned operative on July 1, 2020, and have been meant to take away among the licensing and employment obstacles confronted by these with prior legal convictions or disciplinary actions the place these people can display rehabilitation. In keeping with the BCC’s press launch:

[T]he alters to the statutes prohibit bureaus from requiring candidates for licensure to reveal data or documentation concerning the applicant’s legal historical past. Moreover, if a bureau decides to disclaim an applicant for licensure, the bureau should present the applicant with discover of the denial, together with the explanation for the denial, in addition to directions for interesting the choice and the method for receiving a duplicate of the applicant’s conviction historical past.

AB 2138 additionally amends BPC part 480 to ban a bureau from denying a license to candidates based mostly on a legal conviction or the acts underlying a conviction if the applicant makes a exhibiting of rehabilitation. The amendments to BPC part 482 require bureaus to think about, when figuring out whether or not to disclaim, droop, or revoke a license, whether or not an applicant or licensee has made a exhibiting of rehabilitation, if the individual has both accomplished the legal sentence and not using a parole or probation violation, or if the individual is rehabilitated based mostly on the bureau’s rehabilitation standards.”

Along with the foregoing, the language of BPC §480 has been amended to permit a bureau to disclaim a license for causes associated to a legal conviction or formal self-discipline if:

  1. The conviction was prior to now seven years and is considerably associated to the {qualifications}, capabilities, or duties of the enterprise or career; or
  2. The conviction is considerably associated to the {qualifications}, capabilities, or duties of the enterprise or career and was for a severe felony, as outlined in Penal Code part 1192.7, and sure specified intercourse offenses, even when the conviction occurred greater than seven years in the past; or
  3. The applicant is presently incarcerated or was launched from incarceration inside the final seven years for a criminal offense that’s considerably associated to the {qualifications}, capabilities, or duties of the enterprise or career; or
  4. The applicant was launched from incarceration greater than seven years in the past for a criminal offense that’s considerably associated to the {qualifications}, capabilities, or duties of the enterprise or career and the conviction was for a severe felony, as outlined in Penal Code part 1192.7, and sure specified intercourse offenses; or
  5. The applicant has been topic to formal self-discipline by a licensing board or bureau in or outdoors of California inside the previous seven years based mostly on considerably associated skilled misconduct.

The brand new guidelines will present extra particular standards for figuring out whether or not a criminal offense is “considerably associated to the {qualifications}, capabilities, or duties of the career.”

The written remark interval for these proposed laws will probably be open till 5 p.m. on December 1, 2020. Written feedback on the proposed laws could also be submitted to the BCC by mail or e-mail as follows:

Kaila Fayne

Bureau of Hashish Management

2920 Kilgore Highway

Rancho Cordova, CA 95670

E-mail: [email protected]

The onerousness of the hashish licensing course of right here in California has been a standard grievance because the inception of legalization, and has actually had a chilling impact on the variety of former black- and grey-market operators which have moved into the authorized, regulated area. Hopefully, offering these regulatory modifications will actually serve to scale back licensing and employment alternatives for individuals who have been rehabilitated following legal conviction, and will probably be a minimum of a small step in the proper directing of permitting higher participation within the regulated hashish market.