Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1109Introduced by Senator BradfordFebruary 13, 2024 An act to amend add Section 26053 of 26012.6 to the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 1109, as amended, Bradford. Cannabis licensure. Cannabis: demographic information of persons with financial interests in license applicants.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters, 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. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. activities, and requires the Department of Cannabis Control to administer its provisions, except as specified. Existing law requires the department to provide on its internet website information regarding the status of every license issued by the department, as described. Existing law requires an applicant for a state license to conduct commercial cannabis activity, as specified, to provide a complete list of every person with a financial interest in the applicant, as described.Existing law generally requires that all commercial cannabis activity be conducted between licensees and, among other things, requires that each applicant or licensee apply for, and, if approved, obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.This bill would make nonsubstantive changes to those provisions.This bill would require the department to collect and consolidate the demographic information, as defined, about every person with a financial interest in a license applicant, as described. The bill would require the department to make the data collected and consolidated available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which the bill would deem confidential and prohibit its disclosure. The bill would make its provisions operative only if the department unifies its licensing system under MAUCRSA.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26012.6 is added to the Business and Professions Code, to read:26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.SEC. 2. This act shall become operative only if the Department of Cannabis Control unifies its licensing system for commercial cannabis activity under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 26012.6 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of persons with a financial interest in cannabis license applicants, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.SECTION 1.Section 26053 of the Business and Professions Code is amended to read:26053.(a)All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.(b)(1)A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license.(2)A person with a financial interest in a state testing laboratory license under this division is prohibited from holding a financial interest in any other type of cannabis license.(c)Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division.(d)Each applicant or licensee shall apply for, and, if approved, shall obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.
Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1109Introduced by Senator BradfordFebruary 13, 2024 An act to amend add Section 26053 of 26012.6 to the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 1109, as amended, Bradford. Cannabis licensure. Cannabis: demographic information of persons with financial interests in license applicants.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters, 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. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. activities, and requires the Department of Cannabis Control to administer its provisions, except as specified. Existing law requires the department to provide on its internet website information regarding the status of every license issued by the department, as described. Existing law requires an applicant for a state license to conduct commercial cannabis activity, as specified, to provide a complete list of every person with a financial interest in the applicant, as described.Existing law generally requires that all commercial cannabis activity be conducted between licensees and, among other things, requires that each applicant or licensee apply for, and, if approved, obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.This bill would make nonsubstantive changes to those provisions.This bill would require the department to collect and consolidate the demographic information, as defined, about every person with a financial interest in a license applicant, as described. The bill would require the department to make the data collected and consolidated available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which the bill would deem confidential and prohibit its disclosure. The bill would make its provisions operative only if the department unifies its licensing system under MAUCRSA.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 18, 2024
Amended IN Senate March 18, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1109
Introduced by Senator BradfordFebruary 13, 2024
Introduced by Senator Bradford
February 13, 2024
An act to amend add Section 26053 of 26012.6 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1109, as amended, Bradford. Cannabis licensure. Cannabis: demographic information of persons with financial interests in license applicants.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters, 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. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. activities, and requires the Department of Cannabis Control to administer its provisions, except as specified. Existing law requires the department to provide on its internet website information regarding the status of every license issued by the department, as described. Existing law requires an applicant for a state license to conduct commercial cannabis activity, as specified, to provide a complete list of every person with a financial interest in the applicant, as described.Existing law generally requires that all commercial cannabis activity be conducted between licensees and, among other things, requires that each applicant or licensee apply for, and, if approved, obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.This bill would make nonsubstantive changes to those provisions.This bill would require the department to collect and consolidate the demographic information, as defined, about every person with a financial interest in a license applicant, as described. The bill would require the department to make the data collected and consolidated available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which the bill would deem confidential and prohibit its disclosure. The bill would make its provisions operative only if the department unifies its licensing system under MAUCRSA.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters, 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. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. activities, and requires the Department of Cannabis Control to administer its provisions, except as specified. Existing law requires the department to provide on its internet website information regarding the status of every license issued by the department, as described. Existing law requires an applicant for a state license to conduct commercial cannabis activity, as specified, to provide a complete list of every person with a financial interest in the applicant, as described.
Existing law generally requires that all commercial cannabis activity be conducted between licensees and, among other things, requires that each applicant or licensee apply for, and, if approved, obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.
This bill would make nonsubstantive changes to those provisions.
This bill would require the department to collect and consolidate the demographic information, as defined, about every person with a financial interest in a license applicant, as described. The bill would require the department to make the data collected and consolidated available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which the bill would deem confidential and prohibit its disclosure. The bill would make its provisions operative only if the department unifies its licensing system under MAUCRSA.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 26012.6 is added to the Business and Professions Code, to read:26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.SEC. 2. This act shall become operative only if the Department of Cannabis Control unifies its licensing system for commercial cannabis activity under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 26012.6 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of persons with a financial interest in cannabis license applicants, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.SECTION 1.Section 26053 of the Business and Professions Code is amended to read:26053.(a)All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.(b)(1)A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license.(2)A person with a financial interest in a state testing laboratory license under this division is prohibited from holding a financial interest in any other type of cannabis license.(c)Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division.(d)Each applicant or licensee shall apply for, and, if approved, shall obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 26012.6 is added to the Business and Professions Code, to read:26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
SECTION 1. Section 26012.6 is added to the Business and Professions Code, to read:
### SECTION 1.
26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
26012.6. (a) For purposes of this section, demographic data includes, but is not limited to, race, ethnicity, gender, sexual orientation, income level, education level, prior convictions, and veteran status.
(b) The department shall collect and consolidate the demographic data about every person with a financial interest in a person applying for a license, as described in subdivision (d) of Section 26051.5.
(c) The department shall make the demographic data collected and consolidated as described in subdivision (b) available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.
SEC. 2. This act shall become operative only if the Department of Cannabis Control unifies its licensing system for commercial cannabis activity under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).
SEC. 2. This act shall become operative only if the Department of Cannabis Control unifies its licensing system for commercial cannabis activity under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).
SEC. 2. This act shall become operative only if the Department of Cannabis Control unifies its licensing system for commercial cannabis activity under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Division 10 (commencing with Section 26000) of the Business and Professions Code).
### SEC. 2.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 26012.6 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of persons with a financial interest in cannabis license applicants, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 26012.6 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of persons with a financial interest in cannabis license applicants, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 26012.6 to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 3.
In order to protect the privacy of persons with a financial interest in cannabis license applicants, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.
(a)All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.
(b)(1)A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license.
(2)A person with a financial interest in a state testing laboratory license under this division is prohibited from holding a financial interest in any other type of cannabis license.
(c)Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division.
(d)Each applicant or licensee shall apply for, and, if approved, shall obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.