'(2) CIVIL ACTION FOR RELIEF- The Attorney General may, in a
civil action, obtain appropriate relief to prevent and restrain a
violation of this title.
'SEC. 302. PROCEDURE FOR ISSUANCE OF
MARIJUANA PERMITS.
'(a) Who Entitled to Permit-
'(1) GENERALLY- The Secretary shall issue a permit for operations
requiring a permit under section 301 unless the Secretary finds that--
'(A) the applicant (or if the applicant is a corporation, any of its officers,
directors, or principal stockholders) has been convicted of a disqualifying
offense;
'(B) the applicant is, by reason of business experience, financial standing,
or trade connections, not likely to commence operations within a reasonable
period or to maintain such operations in conformity with Federal law; or
'(C) the operations proposed to be conducted by the applicant are
in violation of the law of the State in which they are to be conducted.
'(2) DISQUALIFYING OFFENSES- For the purposes of paragraph (1):
'(A) GENERALLY- Except as provided in subparagraph (B) a
disqualifying offense is an offense related to the production,
consumption, or sale of marijuana that is--
'(i) a felony under Federal or State law, if the conviction occurred
not later than 5 years before the date of the application; or
'(ii) a misdemeanor under Federal law, if the conviction occurred
not later than 3 years before the date of the application.
'(B) EXCLUDED OFFENSES- A disqualifying offense does not
include a Federal or State offense based on conduct that--
'(i) was legal under State law in the State when and where the
conduct took place, or
'(ii) is, as of the date of the application, no longer an offense in that State.
'(b) Refusal of Permit; Hearing- If upon examination of any application
for a permit the Secretary has reason to believe that the applicant is
not entitled to such permit, the Secretary shall so notify the applicant
and, upon request by the applicant, afford the applicant due notice
and opportunity for hearing on the application. If the Secretary, after
affording such notice and opportunity for hearing, still finds that the
applicant is not entitled to a permit hereunder, the Secretary shall
by order deny the application stating the findings which are
the basis for the order.
'(c) Form of Application-
civil action, obtain appropriate relief to prevent and restrain a
violation of this title.
'SEC. 302. PROCEDURE FOR ISSUANCE OF
MARIJUANA PERMITS.
'(a) Who Entitled to Permit-
'(1) GENERALLY- The Secretary shall issue a permit for operations
requiring a permit under section 301 unless the Secretary finds that--
directors, or principal stockholders) has been convicted of a disqualifying
offense;
'(B) the applicant is, by reason of business experience, financial standing,
or trade connections, not likely to commence operations within a reasonable
period or to maintain such operations in conformity with Federal law; or
'(C) the operations proposed to be conducted by the applicant are
in violation of the law of the State in which they are to be conducted.
'(2) DISQUALIFYING OFFENSES- For the purposes of paragraph (1):
'(A) GENERALLY- Except as provided in subparagraph (B) a
disqualifying offense is an offense related to the production,
consumption, or sale of marijuana that is--
'(i) a felony under Federal or State law, if the conviction occurred
not later than 5 years before the date of the application; or
'(ii) a misdemeanor under Federal law, if the conviction occurred
not later than 3 years before the date of the application.
'(B) EXCLUDED OFFENSES- A disqualifying offense does not
include a Federal or State offense based on conduct that--
'(i) was legal under State law in the State when and where the
conduct took place, or
'(ii) is, as of the date of the application, no longer an offense in that State.
'(b) Refusal of Permit; Hearing- If upon examination of any application
for a permit the Secretary has reason to believe that the applicant is
not entitled to such permit, the Secretary shall so notify the applicant
and, upon request by the applicant, afford the applicant due notice
and opportunity for hearing on the application. If the Secretary, after
affording such notice and opportunity for hearing, still finds that the
applicant is not entitled to a permit hereunder, the Secretary shall
by order deny the application stating the findings which are
the basis for the order.
'(c) Form of Application-
Next Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
1
1
