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 the Department of Cannabis Control. 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 knowingly 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, and authorizes injunctive relief, as specified. The bill would make each day the violation continues a separate violation for this purpose. The bill would specify what entities may bring an action for civil penalties or injunctive relief and how the civil penalty is distributed. 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.