Job Description and Duties
Following the passage of Proposition 64 in 2016 and subsequent litigation, including the Medicinal and Adult-Use Cannabis Regulation and Safety Act in 2017, the Department has been more engaged in the permitting of activities related to commercial cannabis cultivation and enforcement of laws protecting natural resources at risk from unpermitted activity. The Department’s Cannabis Enforcement and Permitting Program has expanded, as has the need for legal support.
Given the application prerequisites and required experience, the incumbent will be expected to provide legal support to Department staff with minimal lead time and supervision. Specifically, the incumbent will be required to advise sworn wildlife officers and scientific staff engaged in cannabis enforcement activities. Legal support may include but may not be limited to: advising staff called as witnesses for criminal, civil and administrative proceedings; coordination with local and state prosecutors litigating Fish and Game Code violations; advising enforcement staff before, during or after site inspections pursuant to a criminal search warrant or other authority; and representing the Department as a prosecutor in administrative civil proceedings. Administrative litigation may include scheduling hearing dates, settlement meetings and negotiation with opposing counsel, and issuing subpoena’s for witnesses and records. Incumbents will likely be required to litigate complex matters with adverse and hostile witnesses over multiple days, comply with discovery guidelines, and prehearing briefing deadlines. General knowledge of the Administrative Procedures Act (APA) is desirable.
Because enforcement and permit compliance efforts may be coordinated with the State Water Resources Control Board and the California Department of Food and Agriculture, the incumbent may be asked to attend inter-agency meetings to represent the Department as needed. The incumbent will report to the Assistant Chief Counsel for enforcement and may receive training and guidance from a senior enforcement attorney in the cannabis program, classified as an Attorney IV.
The incumbent may be required to travel as needed to meet with regional staff or accompany staff, consultants and opposing counsel on site inspections, which may be located in remote locations. Overnight travel may be required.
You will find additional information about the job in the Duty Statement.