AB 2614, as introduced, Bonta. Medical cannabis: state licenses: out-of-state convictions.
The Medical Marijuana Regulation and Safety Act provides for the licensure of persons engaged in specified activities relating to medical cannabis and authorizes licensing authorities to only issue state licenses to qualified applicants. Existing law prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization.
This bill would prohibit the denial of a state license to an applicant if the denial is based solely on a conviction outside of the state of California where the sentencing did not include a period of incarceration, but only if a local government with knowledge of that prior conviction issues a permit, license, or other authorization permitting the applicant to engage in commercial cannabis activity.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19325 of the Business and Professions
2Code is amended to read:
An applicant shall not be denied a state license if the
2denial is based solely on any of the following:
3(a) A conviction or act that is substantially related to the
4qualifications, functions, or duties of the business or profession
5for which the application is made for which the applicant or
6licensee has obtained a certificate of rehabilitation pursuant to
7Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part
83 of the Penal Code.
9(b) A conviction that was subsequently dismissed pursuant to
10Section 1203.4, 1203.4a, or 1203.41 of the Penal Code.
11(c) A conviction outside
of the state of California where the
12sentencing did not include a period of incarceration, but only if a
13local government with knowledge of that prior conviction issues
14a permit, license, or other authorization permitting the applicant
15to engage in commercial cannabis activity.
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