Bus. & Prof. Code, § 26039.4 · Chapter 3. Enforcement
Bus. & Prof. Code, § 26039.4
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
A peace officer, including a peace officer with the department, may seize cannabis, industrial hemp, and cannabis products in any of the following circumstances:
(a) The cannabis or cannabis product is subject to recall or embargo by the department.
(b) The cannabis or cannabis product is subject to seizure or destruction pursuant to this division.
(c) The cannabis or cannabis product is seized related to an investigation or disciplinary action for violation of this division.
(d) The industrial hemp or cannabis product is subject to seizure under the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code).
(e) The industrial hemp is in violation of United States Domestic Industrial Hemp Program (7 U.S.C. § 990 et seq.), and, if applicable, the California State Regulatory Plan for Hemp Production (Chapter 8 of Division 4 of Title 3 of the California Code of Regulations), or an applicable tribal plan.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 248, Sec. 9. (AB 8) Effective January 1, 2026.
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§ionNum=26039.4.
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- sha256 7f2283ffb700cdc2c71064889e75563b64fbbb8e6fa2397d3c20a1c248dcf758
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- 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
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