Current through the 2024 Legislative Session.
Section 26051 - [Effective Until 1/1/2025] Construction with other laws; unfair competition(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.(b) It shall be unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any person or persons to monopolize, any part of the trade or commerce related to cannabis. The Attorney General shall have the sole authority to enforce the provisions of this subdivision.(c) In determining whether to grant, deny, or renew a retail license, microbusiness license, or a license issued under Section 26070.5, the department shall consider if an excessive concentration exists in the area where the licensee will operate. For purposes of this section "excessive concentration" applies when either of the following conditions exist: (1) The ratio of licensees to population in the census tract or census division in which the applicant premises is located exceeds the ratio of licensees to population in the county in which the applicant premises is located, unless denial of the application would unduly limit the development of the legal market so as to perpetuate the illegal market for cannabis or cannabis products.(2) The ratio of retail licenses, microbusiness licenses, or licenses under Section 26070.5 to the population in the census tract, census division, or jurisdiction exceeds that allowable by local ordinance adopted under Section 26200.Ca. Bus. and Prof. Code § 26051
Amended by Stats 2021 ch 70 (AB 141),s 38, eff. 7/12/2021.Amended by Stats 2018 ch 92 (SB 1289),s 21, eff. 1/1/2019.Added by Stats 2017 ch 27 (SB 94),s 34, eff. 6/27/2017.This section is set out more than once due to postponed, multiple, or conflicting amendments.