Alert – California: CCAP Regulations: We want your feedback on cannabis industry due process and appeal rights!

Public comment is now being accepted on proposed regulatory amendments aimed at ensuring cannabis licensees have meaningful due process and appeal rights when facing disciplinary action.

PURPOSE OF AMENDMENTS
On November 25, 2022, the Cannabis Control Appeals Panel (CCAP/Panel) issued a notice of proposal to amend Rule 6014 to improve due process by instituting automatic stay.

These amendments grant an automatic stay of disciplinary action pending completion of an appeal before the Panel. The stay will go into effect immediately upon filing an appeal, until the Panel reviews the underlying decision and determines that it complied with all applicable laws, ensuring that licensees do not unfairly lose income, goodwill, or other benefits of cannabis licensure.

The proposed amendments also protect the public against particularly egregious violators by allowing the Department of Cannabis Control to move to deny the stay. In cases where the Department demonstrates that the stay would present an immediate danger to the health, safety, and welfare of the public, the Panel may deny the stay and allow the disciplinary penalty to go into effect.

PROPOSED RULEMAKING DOCUMENTS

HOW TO SUBMIT A PUBLIC COMMENT
The Panel is currently accepting comments on the proposed amendments. Members of the public are invited to submit their feedback by written comments or in-person at the February 9th public hearing. 

1. Written Comments: Send your comment by mail or email, as listed below.

Christopher Phillips, Chief Counsel
Cannabis Control Appeals Panel
400 R Street, Suite 320
Sacramento, CA 95811
Telephone: (916) 322–6870
Email: Christopher.Phillips@ccap.ca.gov
 
Deadline: Written comments, including those sent by postal mail or email, must be received by 1:30 p.m. on Thursday, February 9, 2023.

2. Public Hearing: Present comments at the public hearing, either in person or by video conference. Any person may present statements or arguments orally or in writing. It is requested, but not required, that persons making oral comments at the hearing also submit a written copy of their testimony.

Meeting Date and Time
Thursday, February 9, 2023
1:30 p.m.
 
Click here for the February 9th meeting agenda where you can find video conference login information and meeting location. 
 
Any questions? Email us at info@ccap.ca.gov.

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