California Cannabis Administrative Hearings & Appeals Lawyers
Operating in the heavily regulated cannabis space brings additional, often unexpected, challenges that operators must mitigate to achieve and maintain success. Whether you are launching a start-up, buying, or selling a cannabis business in California, state and local regulatory agencies will question the procurement and validity of licenses and dissect your operations to ensure you are following the letter of the law. If you have been cited for an infraction or non-compliance issue that is jeopardizing your cannabis industry operations in California, and requires your appearance at an administrative hearing, we can help. Our industry specialists provide each of our clients with the specialized legal experience and resources necessary to navigate and overcome these obstacles by developing proven legal solutions to overcome the difficulties and inconveniences imposed on California Cannabis business owners.
When is a California Cannabis Business Required to Attend an Administrative Hearing?
Even with preventative actions, administrative hearings happen daily in California, and an operator’s business could hang in the balance due to allegations of non-compliance or disqualification from grandfathering laws. A request for an administrative hearing may be filed by the
Department of Cannabis Control (DCC) to enforce
cannabis legislation or issue disciplinary action against an operation in wide-ranging categories, including:
- Failure to comply with the provisions of DCC or any rule or regulation adopted pursuant to the division.
- Failure to maintain safe conditions for inspection by the DCC.
- Failure to comply with licensing conditions or operating procedures.
- Violations of any state or local law, ordinance, or regulation regarding worker protections or legal rights on the employees of a licensee.
- Conduct that constitutes grounds for denial of licensure.
- Failure to comply with the requirement of a local ordinance regulating commercial cannabis activity.
- The sale of cannabis or cannabis products by licensee of adult use cannabis or cannabis products to a person under 21 years of age.
- The sale of medicinal cannabis or medicinal cannabis products by licensee of medical cannabis and cannabis products to a person without a physician’s recommendation.
Simply put, California cannabis administrative hearings can be the result of failing to comply with “any state law,” or “any other grounds contained in regulations adopted by the DCC.” This all-encompassing language allows the DCC to suspend, revoke, deny a license or place their respective licensee on probation because of a successful enforcement action. That is why we are here. Attending an administrative hearing with experienced counsel by your side may provide the legal guidance you need to defend your position and help keep your cannabis business operating in good standing. Our talented cannabis industry lawyers in California remain on top of all proposed and enacted legislation, so we can accurately advise our clients of their rights and the potential legal solutions that will allow them to move forward with confidence.
At Manzuri Law, Our Skilled Cannabis Attorneys and Specialists Also Focuses On The Following Practice Areas:
Can I Appeal the Fines, Suspension, Revocation, or Denial Associated with My California Cannabis Business License?
Alleged violations, compliance challenges, or even minor infractions can place your California cannabis business license in jeopardy of suspension or revocation or expose your business to financially devastating fines or sanctions. The
Administrative Procedure Act (APA) gives you the right to appeal the fines or decisions handed down during California cannabis license administrative hearings. For over a decade, our California cannabis lawyers have provided the legal experience, skill, and resources that help our clients’ cannabis businesses succeed in state administrative hearings and appeals. That includes guiding clients through appeals involving:
- Contested California cannabis license applications
- Fines, sanctions, and penalties for alleged violations
- California cannabis business license denials, suspensions, and revocations
- Non-renewals of specialty California cannabis licenses
The appeals process is challenging by design, and includes stringent timelines and complex submission requirements that can compromise your appeal before it reaches the proper channels for consideration. As one of the nation’s first law firms to specialize only in cannabis law, Manzuri Law leads the way for clients to attain success in both administrative hearings and the appeals process. If you have already attended an administrative hearing, your application was denied, and/or you are facing penalties, we can help you launch an effective appeal with the
Cannabis Control Appeals Panel (CCAP). Launching a successful appeal is the best path to recovery of your license, registration, or other business concerns that were affected during the hearing.
Contact Our Trusted Cannabis Administrative Hearings & Appeals Attorneys in California for Help Today Contact one of our California cannabis law firm specialists today by phone at (310) 912-2960 or online to ensure your operations are functioning optimally, so you can fully and compliantly align your complete business interests. Frequently Asked Questions for Our Cannabis Administrative Hearings & Appeals Lawyers in California
What Happens During a California Cannabis Administrative Hearing? An Administrative Hearing is a trial-like proceeding where disagreements between a license applicant or current licensee and DCC are resolved. Both sides present arguments and evidence regarding the dispute and/or decision. The Administrative law judges (ALJs) who run the hearings are neutral judicial officers who conduct hearings and settlement conferences. Although the hearing is conducted with more informal procedural rules than a trial, having a skilled California cannabis defense attorney by your side can help you overcome the allegations using proven legal solutions.
What is the Cannabis Control Appeals Panel? The Cannabis Control Appeals Panel (CCAP) consists of
five members, three of which are appointed by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly. The CCAP hears and decides appeals regarding decisions made by the DCC against license applicants or licensees.
Who May File an Appeal with CCAP? A license applicant or licensee who disagrees with the DCC’s final decision regarding their license application or existing license may appeal to CCAP after an initial administrative hearing has taken place. Decisions that may be appealed include, but are not limited to, denial of a license application, denial of a license renewal, or a disciplinary action suspending, revoking, or placing conditions on an existing license.
Is There a Time Limit For Filing a Notice Of Appeal? Yes. The Notice of Appeal must be received by CCAP within 30 days after the final day on which the Department may reconsider its decision. Failure to file the Notice of Appeal by the deadline may result in a dismissal of the appeal.
Do I Need a California Cannabis Law Firm to Represent Me During an Appeal? Though not required, licensees may choose to employ the services of a cannabis law firm in California. The individual or corporate licensee’s attorney must be an active member of the California State Bar, as a layperson or consultant may not represent a party before the CCAP. For over a decade, our California cannabis lawyers have provided the legal experience, skill, and resources to help our clients’ cannabis businesses succeed in state administrative hearings and appeals.
