Due Process? Most Pot Businesses Aren’t Entitled to it, State AG Says.

State Attorney General Xavier Becerra argued in a court filing last week that provisional cannabis license holders do not have a right to due process under California law. The contention is significant because the vast majority of California’s cannabis businesses (83%) are still operating with provisional licenses, according to the state.

Becerra was responding to a lawsuit filed by Hayward-based Harrens Lab, which had its license revoked by the Bureau of Cannabis Control (BCC) without an option to appeal the decision.

Government bureaucracy is the reason so many businesses are operating without permanent licenses in the first place. In 2018, the state launched a stopgap program in response to a permitting backlog. Now its beneficiaries are learning they aren’t entitled to the right of due process in the eyes of the state.