Cannabis: facilities used for unlawful purposes.

Existing law makes it a crime for a person who has management or control of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, room, space, or enclosure, for the purpose of unlawfully manufacturing, storing, or distributing a controlled substance for sale or distribution. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) provides for the licensure and regulation of commercial cannabis activity by specified licensing entities, including the Bureau of Cannabis Control, the State Department of Public Health, and the Department of Food and Agriculture. Existing law establishes the Cannabis Fines and Penalties Account, which is disbursed upon appropriation of the Legislature. This bill would impose a civil penalty of up to $30,000 per violation against a person who violates the prohibition on renting, leasing, or making available a building, room, space, or enclosure for the purpose of unlawfully manufacturing, distributing, or selling cannabis, in addition to the criminal penalty. The bill would make each day the violation continues a separate violation for this purpose. The bill would authorize a case to impose the civil penalty to be brought by a licensing entity, the Office of the Attorney General, or a local jurisdiction. The bill would authorize the entity bringing the case to recover the costs of the investigation and reasonable attorney's fees either from the defendant or from the fine, as specified. The bill would require the remaining civil penalty to be deposited in the Cannabis Fines and Penalties Account.