Stay Informed!
Our newsletter provides valuable information for businesses, often including the latest legal developments affecting the industries we serve.
Chapter 8 (Other Provisions) of the Bureau of Cannabis Control ("Bureau" or "BCC") Text of Regulations covers research funding, including eligibility, selection process and criteria, as well as release of funds.
As per the eligibility requirements of this section, only public universities in California are eligible to qualify for and receive research funding.
§ 5900 (a) Only public universities in California shall be eligible to be selected to receive funds disbursed pursuant to Revenue and Taxation Code section 34019(b).
§ 5901 (b) Subject to available funding, the amounts to be disbursed to the university or universities will not exceed the sum of ten million dollars ($10,000,000) for each fiscal year, ending with the 2028-2029 fiscal year.
Authority: Section 26013, Business and Professions Code.
Reference: Section 34019, Revenue and Taxation Code.
A Request for Proposal (RFP) is the document issued by the Bureau, which notifies all eligible fund recipients of the following, at a minimum:
§ 5901 (a) The funding available for research related to the Act or regulations adopted pursuant thereto;
§ 5901 (b) Disbursement of funds to eligible applicants through a review and selection process, including the criteria that will be used for review and selection;
§ 5901 (c) The specified timeframes for the proposal review and selection process, including the deadline for submission of proposals;
§ 5901 (d) Proposal requirements, including necessary documentation;
§ 5901 (e) Any priorities or restrictions imposed upon the use of the funds;
§ 5901 (f) The governing statutes and regulations; and
§ 5901 (g) The name, address, and telephone number of a contact person within the Bureau, who can provide further information regarding the process for submission of proposals.
Authority: Section 26013, Business and Professions Code.
Reference: Section 34019, Revenue and Taxation Code.
§ 5902 (a) The selection process shall involve eligible proposals timely received by the Bureau, in response to an applicable RFP, or similar notice.
§ 5902 (b) The Bureau will consider only one proposal per applicant for a given research project. Applicants may submit more than one proposal if the proposals are for separate and distinct research projects or activities.
§ 5902 (c) The Bureau will make a selection for funding, based on criteria including, but not limited to:
(1) The extent to which the proposed project is designed to achieve objectives as specified in Revenue and Taxation Code section 34019(b).
(2) The extent to which the proposed project is designed to achieve measurable outcomes, and the clarity of the measures for success, including, for research-based objectives, the scientific and technical merit of the proposed project as evaluated by relevant experts.
(3) The extent to which the proposed project is feasible, demonstrated by:
(A) A timeline for project completion, including readiness; and
(B) Budget detail.
(4) Qualifications of the staff who will be assigned or working on the proposed project.
(5) Any other criteria to determine the proposed project’s efficacy in evaluating the implementation and effect of the Act.
§ 5902 (d) Applicants selected for funding will be notified in writing, along with the amount of the proposed funding.
§ 5902 (e) The Bureau’s selection decision is final and not subject to appeal.
Authority: Section 26013, Business and Professions Code.
Reference: Section 34019, Revenue and Taxation Code.
§ 5903 (a) The Bureau shall not cause funds to be disbursed until the Applicant has executed a Grant Agreement, and any other required documents.
§ 5903 (b) Selected recipients shall receive a single disbursement of funds for the duration of the research project.
§ 5903 (c) Funds released to the recipient that will be used for the purchase of any equipment related to the research project shall, at a minimum, meet the following conditions:
(1) Prior to the purchase of any equipment, the recipient shall obtain written approval from the Bureau.
(2) Receipts or other documentation for the purchase of any equipment shall be provided to the Bureau immediately upon purchase and request, and retained pursuant to section 5904 of this division.
§ 5903 (d) Any funds that are not used prior to the completion of the research project shall be forfeited.
Authority: Section 26013, Business and Professions Code.
Reference: Section 34019, Revenue and Taxation Code.
The recipient of funds shall provide regular performance reports to the Bureau.
§ 5904 (a) Unless otherwise specified in the Grant Agreement, performance reports shall be provided to the Bureau in the following manner:
(1) At monthly intervals for research projects with an estimated completion time not exceeding one year.
(2) At quarterly intervals for research projects with an estimated completion time exceeding one year.
§ 5904 (b) Performance reports shall include, at a minimum:
(1) A detailed, estimated time schedule of completion for the research project;
(2) Description of any measurable outcomes, results achieved, or other completed objectives of the research project;
(3) Description of remaining work to be completed;
(4) Summary of the expenditures of the funds, and whether the research project is meeting the proposed budget, and if not, the reasons for any discrepancies and what actions will be taken to ensure the research project will be completed; and
(5) Any changes to the information provided in the proposal, including, but not limited to, change in staff.
Authority: Section 26013, Business and Professions Code.
Reference: Section 34019, Revenue and Taxation Code.
Recipients shall retain all research and financial data necessary to substantiate the purposes for which the funds were spent for the duration of the funding, and for a period of seven years after completion of the research project. Recipients shall provide such documentation to the Bureau upon request. Authority: Section 26013, Business and Professions Code. Reference: Section 26160, Business and Professions Code; and Section 34019, Revenue and Taxation Code.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26160, Business and Professions Code; and Section 34019, Revenue and Taxation Code.
Our newsletter provides valuable information for businesses, often including the latest legal developments affecting the industries we serve.
© 2024 Rogoway Group | All rights reserved.
* Rogoway Law Group, P.C. and Rogoway Law N.W. P.C. are part of the Rogoway Group, a Swiss Verein.