Cannabis Administrative
Prosecutor Program
(CAPP)
Cannabis Control Section
Cannabis Control Section
• Comprised of attorneys and staff
with extensive experience in
administrative procedures and
civil enforcement.
• We work with state agencies
(DCC, CDFW , SWRCB, CDTFA)
• Coordination with EPIC
What is CAPP?
• AGO Program that creates partnerships with local jurisdictions. • Works with existing code enforcement to administratively prosecute violations.
• Leverages the skill and experience of the Cannabis Control Section to establish more cost-effective enforcement procedures.
• See, Government Code section 53069.4.
• AB 1684
Why is CAPP Needed? • The scale of unlicensed commercial cannabis activity.
• To support the use of available and effective tools
for local jurisdictions.
• To create a permanent infrastructure for a cost
effective and sustained fight against illegal
cannabis activity and the related environmental,
social, and public health harms.
Benefits of CAPP to Local Jurisdictions
• Speed and scale of enforcement
• Utilize State resources to maximize the use of local funds for enforcement actions
• Contribute data to help the State stifle illegal large-scale cannabis businesses that are operating within multiple jurisdictions • Assistance to help bolster local jurisdiction’s zoning ordinances • Ability for Cost Recovery through Tax Liens and Voluntary Settlements How CAPP Works
1. Investigation/Conflict Check.
2. Post and Serve Notice of Violation, Citation, and Order to Show Cause.
3. Voluntary Abatement and Stipulated Administrative Order.
4. Due Process Hearing.
5. Abatement Warrant.
6. Seizure of tangible property.
7. Costs of Enforcement Tallied and Recorded As a Property Tax Lien.
Cost Recovery
• Example: An officer takes 10 hours and drives 100
miles to serve 10 sites, each citation would bear the
cost of 1 hour in fully weighted officer time and pay
the cost of mileage on 10 miles.
• The hearing costs would be added to the lien.
• NOTE: Only local jurisdictions that authorize the
recovery of attorney fees by ordinance would
recover prosecution costs.
Implementation
• CAPP may look different depending on the
jurisdiction’s needs and available resources.
• Through Memoranda of Understanding (MOUs) with
the Attorney General’s Office, DAGs from the
Cannabis Control Section will administratively
prosecute violations for unpermitted cannabis activity.
Questions?
• If you would like to discuss anything further please reach out to:
Justin Buller: [email protected]
Ethan Turner: [email protected]