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

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Date Published: 08/29/2017 04:00 AM
AB1578:v96#DOCUMENT

Amended  IN  Senate  August 28, 2017
Amended  IN  Assembly  May 08, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1578


Introduced by Assembly Member Jones-Sawyer
(Coauthors: Assembly Members Bonta, Chiu, Wood, Eggman, and Cristina Garcia)
(Coauthors: Senators Skinner and Wiener)

February 17, 2017


An act to add Section 11362.6 to the Health and Safety Code, relating to marijuana. cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 1578, as amended, Jones-Sawyer. Marijuana and cannabis Cannabis programs: cooperation with federal authorities.
Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA) Medicinal and Adult-Use Cannabis Regulation and Safety Act, provides for the licensure and regulation of medical cannabis, commercial cannabis activity, which responsibility is generally divided between the Bureau of Marijuana Cannabis Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial nonmedical marijuana activities, which responsibility is also generally divided between those same state entities. Existing law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who have a physician’s recommendation for medical marijuana. cannabis. Existing law requires the counties to process applications and maintain records for the identification card program.
This bill would prohibit a state or local agency, as defined, from taking certain actions without a federal agent obtaining a court order signed by a judge, judge and presenting that order to the state or local agency, including using 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 marijuana or medical cannabis activity that is authorized or allowed under state or and local law in the State of California and from transferring an individual to federal law enforcement or detaining an individual at the request of federal law enforcement or federal authorities for marijuana- or cannabis-related conduct activity that is legal under state or and applicable local law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


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: 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 marijuana or medical cannabis activity that is authorized or allowed under state or and local law in the State of California.
(2) Respond Provide confidential information in response to a request made by a federal agency or federal entity for information about an individual 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 or and local law to possess, cultivate, transport, manufacture, sell, or possess for sale marijuana or marijuana products or medical cannabis or medical cannabis products, if that request is made for the purpose of investigating or enforcing the federal Controlled Substances Act related to marijuana or cannabis or other federal marijuana or cannabis law. 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 marijuana or commercial medical cannabis activity pursuant to MCRSA or AUMA, Division 10 (commencing with Section 26000) of the Business and Professions Code, if that request is made for the purpose of investigating or enforcing the federal Controlled Substances Act related to marijuana or cannabis or other federal marijuana or cannabis law. federal laws related to commercial cannabis activity that is legal under state and local law.
(4) Transfer an individual to federal law enforcement for marijuana- or cannabis-related conduct activity that is legal under state or and applicable local law or detain an individual at the request of federal law enforcement or federal authorities for marijuana- or cannabis-related conduct activity that is legal under state or 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.

(c)

(e) For purposes of this section, the following definitions shall apply:

(1)“AUMA” means the Control, Regulate and Tax Adult Use Marijuana Act, enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election and generally codified in Division 10 (commencing with Section 26000) of the Business and Professions Code.

(2)“MCRSA” means the Medical Cannabis Regulation and Safety Act, generally codified in Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, and other provisions regarding licensing of cultivators, manufacturers, testing laboratories, distributors, and dispensaries of medical cannabis and medical cannabis products located in this article and in Article 2.5 (commencing with Section 11362.7).

(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 under AUMA or MCRSA. as defined in Section 26001 of the Business and Professions Code.
(C) Any other state or local agency with information that identifies licensees under AUMA or MCRSA. 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 marijuana 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.