BUREAU OF CANNABIS CONTROL, § 5038. Disaster Relief

Bureau of Cannabis Control Emergency Regulations CODE OF REGULATIONS TITLE 16 DIVISION

§ 5038. Disaster Relief
(a) If a licensee is unable to comply with any licensing requirements due to a disaster, the
licensee may notify the Bureau of this inability to comply and request relief from the specific
licensing requirement.
(b) The Bureau may exercise its discretion to provide temporary relief from specific regulatory
requirements in this division and from other licensing requirements when allowed by law.
(c) Temporary relief from specific licensing requirements shall be issued for a reasonable
amount of time in order to allow the licensee to recover from the disaster.
(d) The Bureau may require that certain conditions be followed in order for a licensee to receive
temporary relief from specific licensing requirements.
(e) A licensee shall not be subject to an enforcement action for a violation of a licensing
requirement in which the licensee has received temporary relief.
(f) For the purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or
similar public calamity, whether or not resulting from natural causes.
(g) A licensed premises that has been vacated by a licensee due to a disaster shall not be deemed
to have been surrendered, abandoned, or quit under section 5022 of this division.
(h) Notwithstanding subsection (a) of this section, if a licensee needs to move cannabis goods
stored on the premises to another location immediately to prevent loss, theft, or degradation of
the cannabis goods from the disaster, the licensee may move the cannabis goods without
obtaining prior approval from the Bureau if the following conditions are met:
(1) The cannabis goods are moved to a secure location where access to the cannabis goods can
be restricted to the licensee, its employees, and contractors;
(2) The licensee notifies the Bureau in writing that the cannabis goods have been moved and that
the licensee is requesting relief from complying with specific licensing requirements pursuant to
subsection (a) of this section within 24 hours of moving the cannabis goods;
(3) The licensee agrees to grant the Bureau access to the location where the cannabis goods have
been moved to for inspection; and
(4) The licensee submits in writing to the Bureau within 10 business days of moving the cannabis
goods a request for temporary relief that clearly indicates what statutory and regulatory sections
relief is requested from, the time period for which the relief is requested, and the reasons relief is
needed for the specified amount of time.
Authority: Section 26013, Business and Professions Code. Reference: Section 26012, Business
and Professions Code.

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