Skip to main content

Bus. & Prof. Code, § 26038.1 · Chapter 3. Enforcement

Bus. & Prof. Code, § 26038.1

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) In addition to other remedies permitted by law, a licensee under this division may bring an action in superior court against a person engaging in commercial cannabis activity without a license as required by this division.

(b) In order to prevail in an action brought pursuant to subdivision (a), a licensee shall demonstrate actual harm resulting from the unlicensed commercial cannabis activity.

(c) In an action pursuant to subdivision (a), the court may enter an order enjoining the defendant from engaging in commercial cannabis activity without a license as required by this division.

(d) A licensee that prevails in an action brought pursuant to subdivision (a) shall be entitled to both of the following:

(1) Either of the following damages, at the election of the prevailing licensee:

(A) Actual damages caused by the unlicensed commercial cannabis activity.

(B) Statutory damages not to exceed seventy-five thousand dollars ($75,000).

(2) Reasonable attorney’s fees and costs.

(e) This section does not apply to any violation of the Labor Code committed by a person engaging in unlicensed cannabis activity and shall not form the basis for a cause of action under the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698) of Division 2 of the Labor Code).

Notes and commentary — not statutory text

History

Added by Stats. 2023, Ch. 467, Sec. 1. (AB 1171) Effective January 1, 2024.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=26038.1.
Text hash
sha256 d68081d17d7292920ab524beffb348ee959e363a2b7dc6848c32be6423c8fdd9
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.