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SB-657 Cannabis cultivation: county agricultural commissioners: reporting.(2019-2020)

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Date Published: 06/24/2019 09:00 PM
SB657:v97#DOCUMENT

Amended  IN  Assembly  June 24, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 657


Introduced by Senator Monning
(Coauthor: Senator Caballero)
(Coauthor: Assembly Member Mark Stone)

February 22, 2019


An act to add Section 26069.5 to the Business and Professions Code, relating to cannabis cultivation.


LEGISLATIVE COUNSEL'S DIGEST


SB 657, as amended, Monning. Cannabis cultivation: county agricultural commissioners: reporting.

The Control, Regulate and Tax Adult Use of Marijuana Act (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 (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed.

MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain. Existing law requires the track and trace program to capture, at a minimum, information on the licensee receiving the product, the transaction date, and the cultivator from which the product originates. Existing law requires the track and trace program to include an electronic seed to sale software tracking system with data points for the different stages of commercial activity, including, but not limited to, cultivation, harvest, processing, distribution, inventory, and sale.

To facilitate the administration of the track and trace program, existing law requires the department to create an electronic database containing electronic shipping manifests with, at a minimum, specified information about shipments. Existing law states that information received and contained in records kept by the department or licensing authorities pursuant to the track and trace program and the above-described provisions is confidential and exempt from disclosure pursuant to the California Public Records Act, except as necessary for authorized employees of the State of California or any city, county, or city and county to perform official duties pursuant to MAUCRSA or a local ordinance.

Existing law establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires a county agricultural commissioner to compile, and to transmit to the Secretary of Food and Agriculture, reports of the condition, acreage, production, and value of the agricultural products in the county.
This bill would authorize a county agricultural commissioner to report to the secretary on the condition, acreage, production, and value of cannabis produced in the commissioner’s county under a cultivation license issued pursuant to MAUCRSA, the Medicinal and Adult-Use Cannabis Regulation and Safety Act in a similar manner as required for agricultural products pursuant to the above-described provision. The bill would provide that this data may be organized by categories including, but not limited to, state cultivator license type and other specified categories. The bill would prohibit a county agricultural commissioner from seeking reimbursement from certain funding sources for expenses incurred pursuant to this authority. The bill would require the appropriate licensing authority under MAUCRSA, upon the request of a county agricultural commissioner, to allow access to, or provide information that is contained within, the database created to facilitate the administration of the track and trace program for use in the report, subject to certain determinations made by the licensing authority and the above-described confidentiality requirement.

AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with, and further the purposes and intent of, AUMA.

This bill would declare that its provisions implement specified substantive provisions of AUMA and are consistent with, and further the purposes and intent of, AUMA.

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

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


SECTION 1.

 Section 26069.5 is added to the Business and Professions Code, to read:

26069.5.
 (a)  A county agricultural commissioner may report to the secretary on the condition, acreage, production, and value of cannabis produced in the commissioner’s county under a cultivation license issued pursuant to this division, in a similar manner as required for agricultural products pursuant to Section 2279 of the Food and Agricultural Code. division. The cannabis data may be submitted in a separate report that is similar to those reports required for agricultural products pursuant to Section 2279 of the Food and Agricultural Code. This section does not require the department to publish this report.
(b) Data on cannabis production that is included in a report pursuant to this section may be organized by categories including, but not limited to, the following:
(1) State cultivator license type, as set forth in Chapter 5 (commencing with Section 26050), and regulations adopted pursuant to that chapter.
(2) Local license, permit, or other authorization type, as described in Section 26200.
(3) Price tier, including for different strains of cannabis, different production methods, or different parts of a plant, such as flowers or leaves.
(c) A county agricultural commissioner may not seek reimbursement for expenses incurred in making a report pursuant to this section from either of the following sources:
(1) The Department of Food and Agriculture Fund.
(2) Funding that may otherwise be available for the purposes of this section from a cooperative agreement entered into pursuant to Section 2222 of the Food and Agricultural Code.

(d)Upon the request of a county agricultural commissioner, the appropriate licensing authority shall allow access to or provide information contained within the database created pursuant to Section 26067 for use in a report pursuant to this section, subject to both of the following determinations by the licensing authority:

(1)Use of the information in a report pursuant to this section is necessary to enable authorized employees of the State of California or a local jurisdiction to make determinations or perform other official duties required by this division or a local ordinance.

(2)Access to the database is necessary for the county agricultural commissioner to obtain the information.

(e)Information from the database that is included in a report pursuant to this section shall be subject to the confidentiality requirements of paragraph (6) of subdivision (b) of Section 26067.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, adding Section 26069.5 to the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 and is consistent with and furthers the purposes and intent of that act as stated in Section 3 of that act.