CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2094Introduced by Assembly Member Jones-SawyerFebruary 05, 2020 An act to amend Section 11366.5 of the Health and Safety Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2094, as introduced, Jones-Sawyer. 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.This bill would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to $50,000 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. The bill would make each day the violation continues a separate violation for this purpose.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11366.5 of the Health and Safety Code is amended to read:11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2094Introduced by Assembly Member Jones-SawyerFebruary 05, 2020 An act to amend Section 11366.5 of the Health and Safety Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2094, as introduced, Jones-Sawyer. 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.This bill would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to $50,000 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. The bill would make each day the violation continues a separate violation for this purpose.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2094
Introduced by Assembly Member Jones-SawyerFebruary 05, 2020
Introduced by Assembly Member Jones-Sawyer
February 05, 2020
An act to amend Section 11366.5 of the Health and Safety Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2094, as introduced, Jones-Sawyer. 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.This bill would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to $50,000 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. The bill would make each day the violation continues a separate violation for this purpose.
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.
This bill would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to $50,000 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. The bill would make each day the violation continues a separate violation for this purpose.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11366.5 of the Health and Safety Code is amended to read:11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11366.5 of the Health and Safety Code is amended to read:11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
SECTION 1. Section 11366.5 of the Health and Safety Code is amended to read:
### SECTION 1.
11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation. (d)(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.
11366.5. (a) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any a controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Any A person who has under his or her management or control any of a building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(c) Any A person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(d) A licensing authority, as defined in Section 26001 of the Business and Professions Code, may impose an administrative fine of up to fifty thousand dollars ($50,000) per violation against a person who violates subdivision (a) for the purpose of unlawfully manufacturing, storing, or distributing cannabis. Each day of violation shall constitute a separate violation.
(d)
(e) For the purposes of this section, excessive profits means the receipt of consideration of a value substantially higher than fair market value.