Bill Text: CA SB1109 | 2023-2024 | Regular Session | Amended

California Senate Bill 1109

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Cannabis: demographic information of license applicants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State. Chapter 878, Statutes of 2024. [SB1109 Detail]

Download: California-2023-SB1109-Amended.html

Amended IN Senate April 16, 2024

Amended IN Senate March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1109

Introduced by Senator Bradford

February 13, 2024

An act to add Section 26012.6 to the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

SB 1109, as amended, Bradford. 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, 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.

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. publish the aggregate demographic data that it collects on its internet website. The bill would require the department to maintain the confidentiality of the information it receives, as specified, and to only release the information in an aggregate form that cannot be used to identify an individual. The bill would specify that a licensee or applicant is not required to provide the demographic information, as described above, as a condition of licensure or license renewal, and is not subject to discipline for not providing the demographic information. 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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) (1) 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.

(2) The demographic data may be requested when an initial license is issued or at the time of license renewal.
(c) The department shall consolidate the demographic data received as described in subdivision (b) and shall publish the aggregate demographic data that it collects on its internet website.
(d) The department shall maintain the confidentiality of the information it receives from an applicant or licensee under this section and shall only release the information in an aggregate form that cannot be used to identify an individual.
(e) A licensee or applicant shall not be required to provide the information specified in subdivision (b) as a condition of licensure or license renewal, and a licensee shall not be subject to discipline for not providing the information specified in subdivision (b).
(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 public’s 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.