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California Code, Business and Professions Code - BPC § 26031.6

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) It is a violation of this division for a person to use or possess the universal symbol described in paragraph (7) of subdivision (c) of Section 26130 in connection with commercial activity other than commercial cannabis activity licensed under this division.  For purposes of this section, use or possession of the universal symbol in connection with commercial activity includes, but is not limited to, use or possession of any package, label, or advertisement of any kind bearing the universal symbol, or bearing any likeness, simulation, or any representation substantially similar to the universal symbol, whether or not that package, label, or advertisement is affixed to, or otherwise associated with, cannabis or cannabis products.

(b) A person using or possessing the universal symbol in connection with commercial activity shall do both of the following:

(1) Maintain records establishing that the use or possession is in connection with commercial cannabis activity licensed pursuant to this division.

(2) Produce those records upon demand of a peace officer, an employee of the department, or an employee of the California Department of Tax and Fee Administration.

(c) A person shall not alter or crop the universal symbol except in a manner allowed by this Division or permitted by regulation.

(d) Each individual package, label, advertisement, or other document or object of any kind bearing the universal symbol or any likeness or simulation of the universal symbol in violation of this section shall constitute a separate violation of this section.

(e)(1) A package, label, advertisement, or other document or object of any kind bearing the universal symbol or any likeness or simulation of the universal symbol in violation of this section is contraband and shall be seized and summarily forfeited to the state, and may be summarily destroyed by the state, subject to subdivision (f).  A peace officer or an employee of the department may summarily seize such contraband.

(2) Failure to maintain or produce records as required pursuant to subdivision (b) in connection with a package, label, advertisement, or other document or object of any kind bearing the universal symbol shall establish that the package, label, advertisement, or other document or object is contraband for purposes of this subdivision.

(f) A person from whom a package, label, advertisement, or other document or object is seized pursuant to subdivision (e) may petition the superior court of the county in which the seizure occurred within 10 days of the seizure to seek the return of the package, label, advertisement, or other document or object.  The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the package, label, advertisement, or other document or object was not used or possessed in connection with commercial activity other than commercial cannabis activity licensed pursuant to this division.

(g) This section does not prohibit the educational, informational, or other noncommercial use or possession of the universal symbol.

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Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 26031.6 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-26031-6/

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