California 2019-2020 Regular Session

California Assembly Bill AB3192 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3192Introduced by Assembly Member CooperFebruary 21, 2020 An act to amend Section 26240 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 3192, as introduced, Cooper. California Cannabis Equity Act.The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law authorizes local jurisdictions to issue local licenses for commercial cannabis activity in the local jurisdiction, as provided.Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. Existing law defines local equity program for purposes of the act to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.This bill would make nonsubstantive changes to the provision defining terms for purposes of the California Cannabis Equity Act of 2018. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26240 of the Business and Professions Code is amended to read:26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3192Introduced by Assembly Member CooperFebruary 21, 2020 An act to amend Section 26240 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 3192, as introduced, Cooper. California Cannabis Equity Act.The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law authorizes local jurisdictions to issue local licenses for commercial cannabis activity in the local jurisdiction, as provided.Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. Existing law defines local equity program for purposes of the act to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.This bill would make nonsubstantive changes to the provision defining terms for purposes of the California Cannabis Equity Act of 2018. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 3192
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1515 Introduced by Assembly Member CooperFebruary 21, 2020
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1717 Introduced by Assembly Member Cooper
1818 February 21, 2020
1919
2020 An act to amend Section 26240 of the Business and Professions Code, relating to cannabis.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 3192, as introduced, Cooper. California Cannabis Equity Act.
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2828 The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law authorizes local jurisdictions to issue local licenses for commercial cannabis activity in the local jurisdiction, as provided.Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. Existing law defines local equity program for purposes of the act to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.This bill would make nonsubstantive changes to the provision defining terms for purposes of the California Cannabis Equity Act of 2018.
2929
3030 The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law authorizes local jurisdictions to issue local licenses for commercial cannabis activity in the local jurisdiction, as provided.
3131
3232 Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. Existing law defines local equity program for purposes of the act to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.
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3434 This bill would make nonsubstantive changes to the provision defining terms for purposes of the California Cannabis Equity Act of 2018.
3535
3636 ## Digest Key
3737
3838 ## Bill Text
3939
4040 The people of the State of California do enact as follows:SECTION 1. Section 26240 of the Business and Professions Code is amended to read:26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
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4242 The people of the State of California do enact as follows:
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4444 ## The people of the State of California do enact as follows:
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4646 SECTION 1. Section 26240 of the Business and Professions Code is amended to read:26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
4747
4848 SECTION 1. Section 26240 of the Business and Professions Code is amended to read:
4949
5050 ### SECTION 1.
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5252 26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
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5454 26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
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5656 26240. For purposes of this chapter, the following definitions apply:(a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.(b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:(1) Reference to local historical rates of arrests or convictions for cannabis law violations.(2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.(3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.(c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.(d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.(e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:(1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.(2) Tiered fees or fee waivers for cannabis-related permits and licenses.(3) Assistance in paying state regulatory and licensing fees.(4) Assistance securing business locations prior to or during the application process.(5) Assistance securing capital investments or direct access to capital.(6) Assistance with regulatory compliance.(7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.(8) Other services deemed by the bureau to be consistent with the intent of this chapter.(f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.
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6060 26240. For purposes of this chapter, the following definitions apply:
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6262 (a) Eligible local jurisdiction means a local jurisdiction that demonstrates an intent to develop a local program or that has adopted or operates a local equity program.
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6464 (b) Equity assessment means an assessment conducted by the local jurisdiction that was used to inform the creation of a local equity program, and that assessment may include the following:
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6666 (1) Reference to local historical rates of arrests or convictions for cannabis law violations.
6767
6868 (2) Identification of the impacts that cannabis-related policies have had historically on communities and populations within that local jurisdiction.
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7070 (3) Other information that demonstrates how individuals and communities within the local jurisdiction have been disproportionately or negatively impacted by the War on Drugs.
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7272 (c) Local equity applicant means an applicant who has submitted, or will submit, an application to a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that local jurisdictions local equity program.
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7474 (d) Local equity licensee means a person who has obtained a license from a local jurisdiction to engage in commercial cannabis activity within the jurisdictional boundaries of that local jurisdiction and who meets the requirements of that jurisdictions local equity program.
7575
7676 (e) Local equity program means a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization as evidenced by the local jurisdictions equity assessment. Local equity programs may include, but are not limited to, the following types of services:
7777
7878 (1) Small business support services offering technical assistance or professional and mentorship services to those persons from economically disadvantaged communities that experience high rates of poverty or communities most harmed by cannabis prohibition, determined by historically high rates of arrests or convictions for cannabis law violations.
7979
8080 (2) Tiered fees or fee waivers for cannabis-related permits and licenses.
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8282 (3) Assistance in paying state regulatory and licensing fees.
8383
8484 (4) Assistance securing business locations prior to or during the application process.
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8686 (5) Assistance securing capital investments or direct access to capital.
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8888 (6) Assistance with regulatory compliance.
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9090 (7) Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.
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9292 (8) Other services deemed by the bureau to be consistent with the intent of this chapter.
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9494 (f) Transitional worker means a person who, at the time of starting employment at the business premises, resides in a ZIP Code or census track area with higher than average unemployment, crime, or child death rates, and faces at least one of the following barriers to employment: (1) is homeless; (2) is a custodial single parent; (3) is receiving public assistance; (4) lacks a GED or high school diploma; (5) has a criminal record or other involvement with the criminal justice system; (6) suffers from chronic unemployment; (7) is emancipated from the foster care system; (8) is a veteran; or (9) is over 65 years of age and is financially compromised.