Assembly Bill 491, authored by Assembly Member Greg Wallis (R- Palm Springs) and sponsored by RCRC, enhances local enforcement mechanisms against unlicensed cannabis activities.
Rural communities have been inundated with unlicensed and unregulated cannabis activity that is undermining the health and safety of residents as well as regulated cannabis businesses. While counties and cities are currently authorized to enforce local ordinances through several methods, including imposition of administrative penalties, the existing penalty statutes were primarily designed for ordinary zoning and building violations. Experience has shown that these processes are not always well suited to addressing large-scale illegal commercial cannabis operations. This leaves local law enforcement agencies and code enforcement departments struggling to deal with the growth of illicit cannabis activities.
To strengthen enforcement mechanisms for local jurisdictions, AB 491 provides additional tools for addressing illicit land use activities, including unlicensed cannabis operations. Specifically, AB 491 establishes: (1) streamlined judicial reviewed for minor administrative penalties (under $25,000) imposed for unpermitted cannabis activities; (2) efficient collection of final penalty order (i.e., after administrative/judicial review is complete), in the same manner presently used for pesticide enforcement fines; (3) clarifies that priority of real property liens used to collect administrative penalties for these violations, by providing that such liens have the same priority as a judgment lien.
Local jurisdictions are a critical partner to successfully regulate the commercial cannabis marketplace. AB 491 will bolster safe access to the cannabis market by providing additional enforcement mechanisms to efficiently shutdown unlawful operators that undermine the legal marketplace and undercut local economies.
Counties wishing to support this legislation may use the draft support letter available for download here.
AB 491 is currently in the Senate Rules Committee, awaiting policy committee referral. For more information, please contact Sarah Dukett, RCRC Policy Advocate.