Today's Law As Amended

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AB-1578 Cannabis programs: cooperation with federal authorities.(2017-2018)



SECTION 1.

 Section 11362.6 is added to the Health and Safety Code, to read:

11362.6.
 (a) A state or local agency shall not do any of the following without a federal agent first obtaining a court order signed by a judge and presenting that order to the state or local agency:
(1) Use agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, obtain information, or arrest a person for commercial or noncommercial cannabis activity that is authorized or allowed under state and local law in the State of California.
(2) Provide confidential information in response to a request made by a federal agency or federal entity for information about a person who is licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code and who is authorized or allowed under state and local law to possess, cultivate, transport, manufacture, sell, or possess for sale cannabis or cannabis products, if that request is made for the purpose of investigating or enforcing federal laws related to commercial cannabis activity that is legal under state and local laws.
(3) Provide confidential information about a person who has applied for or received a license or conditional license to engage in commercial cannabis activity pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, if that request is made for the purpose of investigating or enforcing federal laws related to commercial cannabis activity that is legal under state and local law.
(4) Transfer an individual to federal law enforcement for cannabis-related activity that is legal under state and applicable local law or detain an individual at the request of federal law enforcement or federal authorities for cannabis-related activity that is legal under state and applicable local law.
(5) Share confidential information about a person licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code for the purpose of investigating or enforcing federal laws related to commercial or noncommercial cannabis activity that is legal under state and local law.
(b) Notwithstanding subdivision (a), a state or local agency shall release information related to an individual or entity upon the written request of the individual or entity to release that information. The release of information pursuant to this subdivision shall be limited to the specific request and shall not extend beyond the circumstances requested by the individual or entity.
(c) This section does not prohibit a state or local agency from cooperating with or participating in a task force with a federal agency to investigate conduct that is illegal under state and local law, including, but not limited to, trafficking in cannabis across state lines.
(d) A state or local agency shall enforce state and local laws concerning cannabis-related activity, including state and local laws that do any of the following:
(1) Prevent access to cannabis by persons under 21 years of age.
(2) Take cannabis out of the illegal market.
(3) Prevent the illegal diversion of cannabis from California to other states.
(4) Prevent the illegal production or distribution of cannabis.
(5) Preserve scarce law enforcement resources to prevent and prosecute violent crimes.
(6) Prevent the operation of a car or other vehicle used for transportation while the driver is impaired by cannabis.
(7) Prohibit the cultivation of cannabis on public lands.
(e) For purposes of this section, the following definitions shall apply:
(1) “Confidential information” means information that is exempted from disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(2) “Cooperation” means using state or local agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person.
(3) “State or local agency” means all of the following:
(A) A law enforcement agency, including, but not limited to, police, sheriffs, university police, and other campus police agencies.
(B) A licensing authority as defined in Section 26001 of the Business and Professions Code.
(C) Any other state or local agency with information that identifies a person licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.
(D) A city, county, city and county, or state agency with information regarding individuals who have obtained medical cannabis program cards pursuant to Article 2.5 (commencing with Section 11362.7).
(4) “Task force” means at least one state or local law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes, so long as the primary purpose is not enforcement of federal laws related to cannabis-related activity that is legal under state and local law.