AB 1288 Cannabis: track and trace

This bill is part of the 2019 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years. 

AB 1288  (Cooley D)   Cannabis: track and trace.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, 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.

This bill would require the information captured by the track and trace program to additionally include the date of retail sale to a customer and whether the sale is on the retail premises or by delivery.

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 requires licensing authorities, upon the request of a state or local law enforcement agency, to allow access to or provide information contained within this database to assist law enforcement in their duties and responsibilities pursuant to MAUCRSA.

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.

This bill would require the department, in consultation with the bureau, to ensure, no later than July 1, 2020, that the track and trace program is fully integrated into the California Law Enforcement Telecommunications System, as described.

Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.

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