On July 12, 2021, California Governor Gavin Newsom approved Assembly Bill No. 141 (AB-141), an act amending, adding, and repealing various sections of the State’s legal codes to implement provisions of the Budget Act of 2021.
The bill’s most notable updates to existing law include explaining the function of the new Department of Cannabis Control (DCC), setting state provisional license sunset guidelines, and establishing a cannabis trade sample scheme, among other changes. While there is surely more to come in the way of implementation, the following provides the first in a series of snapshots of changes expressed in the final version of the bill, this week focusing on the DCC. The information presented comes from California Legislative Information.
Department of Cannabis Control (DCC)
AB-141 establishes the Department of Cannabis Control (DCC) in the Business, Consumer Services, and Housing Agency. DCC assumes the powers, duties, purposes, functions, responsibilities, and jurisdiction of the Bureau of Cannabis Control (BCC), Department of Food and Agriculture (DFA), and State Department of Public Health (SDPH) under MAUCRSA, unless otherwise specified.
DCC must be supervised and controlled by a Director. On July 12, 2021, Nicole Elliott was appointed by the Governor as Director of DCC.
DCC’s website must include information about the status of every DCC-issued license, including licensees’ address-of-record counties. As of January 1, 2022, this information must include information on license suspensions and revocations, as well as final DCC decisions. AB-141 prohibits sharing personal identifying information, including home addresses, home telephone numbers, dates of birth, or social security numbers.
Except in state and federal court proceedings, AB-141 exempts DCC from the existing requirement that certain California agencies obtain the Attorney General’s written consent before (a) employing legal counsel to represent those agencies in certain judicial or administrative adjudicative proceedings or (b) contracting with outside counsel.
AB-141 adds DCC to the list of entities to which an unsafe handgun may be sold if the unsafe handgun is to be used as a service weapon by a peace officer.
BCC, CDFA, CDPH, and DCC may obtain criminal history information from the Department of Justice and Federal Bureau of Investigation for an applicant for any California state commercial cannabis license. These state agencies may request and receive from local or state agencies certified records of all arrests and convictions, certified records about probation, and any and all other related documentation needed to complete applicant or licensee investigations. Local or state agencies may provide those records to those state agencies upon request. AB-141 authorizes those state agencies’ employees acting on DCC’s behalf to receive applicants’ criminal history information until July 1, 2022.
DCC may institute or continue proceedings against applicants who have withdrawn applications after filing with DCC, for the denial of licenses on any ground provided by law or to enter an order denying licenses on any ground.
DCC may institute or continue disciplinary proceedings against persons whose licenses have been suspended, forfeited, or canceled by order of DCC or a court of law, or have been surrendered without DCC’s written consent, on any ground provided by law or to enter an order suspending or revoking licenses or otherwise taking disciplinary action against licensees on any such ground.
A licensing authority agent may possess, transport, or obtain cannabis or cannabis products as necessary to conduct activities reasonably related to the licensing authority’s duties.
Working with Dom and his team has been an amazing experience, they are organized and very prompt with returning my calls and emails. I believe that communication is the key to success and I felt a strong heartbeat with the KVK Lawyer team.
KVK has been an invaluable source of guidance, legal knowledge, and proactive communication for our case with a bank service provider. Although legal proceedings can be long, GianDominic provided a clear path and strategy to having my mothers’ case resolved and settled in a positive and timely manner… many thanks and highly recommend!”
“Our lender terminated a Home Affordable Modification Trial Plan after we had been enrolled. We did not know what to do and had already been in bankruptcy. KV&K litigated a Breach of Contract lawsuit on our behalf against the lender to stop the foreclosure and get us our day in Court. To settle the lawsuit, the lender started our Trial Plan again and finalized the modification. The experience was positive because I was able to meet with the attorney and email or call with any questions during the litigation.“
“Words cannot begin to express the gratitude I have for GianDominic Vitiello. My family was in jeopardy of losing our home in foreclosure. From my initial phone call to the law of office Katchko, Vitiello & Karikomi I knew I’d made the right decision to have them assist us with our situation. Mr. Vitiello thoroughly explained our options and he consistently kept up to date on everything that was going on with the litigation. He was never too busy to explain the process to us time and time again. Mr. Vitiello genuinely cares. There is no way we could have stayed in our home without him.“
Me and my family want to thank you for all of the work you did on our case. I appreciate the way you took the time to explain the process to me and to respond to all of my questions. There was not a day that I could not get a hold of you. We are very pleased with the result. I plan on recommending your firm to everyone!
The Earley Family
We are so grateful to GianDominic and his team for helping us save our home from foreclosure. Prior to our calling their office, we had completed our trial Home Affordable Modification Agreement payments, were trying to submit our notarized documents to our lender, as well as already making our modified payments. Our lender terminated the agreement and was requiring us to reapply for a new Modification Agreement. From the moment we had our first phone meeting with GianDominic Vitiello, we knew we had found the right law firm to handle our case. A Breach of Contract lawsuit was filed on our behalf against our lender. Not long after the lawsuit was filed our lender was settling our case and finalizing our Home Affordable Modification Agreement paperwork. GianDominic thoroughly explained our options and always kept us updated. Anytime we had questions, he was available, either by email or phone. We are so happy for everything GianDominic has done for our family and we would not be in our home today without him and his team. We are forever grateful and will always recommend you to everyone we know.
Mr. and Mrs. Hernandez
“When we started with GianDominic, the demand from the other side was unacceptable to me, and my then-lawyer was advising me to settle for that number. I hired GianDominic instead and we fought the good fight for almost a year. We ended up with a settlement that was 10x better. That’s the Dom magic!”
As a single mother, nothing was more freighting than the possibility of losing my own home to foreclosure. The home my grandfather helped me buy. The house my children have called home for over 17 years. When a predatory loan servicer took over my servicing rights, they began to lose and misplace my mortgage payments. They’d call me nonstop inquiring about the payments I already made. I sent them proof of those payments and yet they still ignored all my correspondence and put my home in foreclosure with a sale date. I contacted NUMEROUS attorneys claiming to be experienced in predatory loan servicing, but they were inexperienced and not motivated to take on my case. I was BLESSED beyond words to have found GianDominic Vitiello, Anthony, and Ed [Angwin] too! Three of the kindest, compassionate and bad assed legal counsel. They were ready to take on my case and fight for me to save my home. They took an impossible situation, and saved myself, and my children’s home from being stolen and sold by this predatory servicing company. I contacted every state agency for help but they didn’t.