Update on Eek
Update on Eek – we published an article about what we thought was an additional cannabis industry regulator. It turns out that the California Cannabis Authority [“CAA”] is more of wannabe to be regulator at this point. In the process of our inquiry, we illustrated the power of a careful target request under the California Public Records Act which can be used anytime information about a government agency is needed. Here ie the request we sent:
Dear Ms. Martinson,
We are writing to request that the California Cannabis Authority [“CCA”], a Joint Powers provide us, pursuant to the California Public Records Act § 6250 et seq., provide us with the ability to inspect or provide copies of the Memoranda of Understanding [“MOU’s”] that CCA has entered into with the State of California’s cannabis regulatory and tax agencies, specifically
- The Bureau of Cannabis Control [“BCC”]
- The California Dept. of Food & Agriculture [“CDFA”} CalCannabis Unit
- The California Dept. of Public Health’s [“CDPH’s”] Manufactured Cannabis Safety Board [“MCSB”]
- The California Dept. of Tax and Fee Administration [“CDTFA”]
with respect to their arrangements with respect to information sharing with METRC and any other information data bases, copies of any SOC audit reports, and privacy assessments that may exist.
If there are any fees for searching or copying these records, please inform us if the cost will exceed $50. However, we would also like to request a waiver of all fees in the disclosure of the requested information is in the public interest, and will contribute significantly to the public’s understanding of CCA’s role in the regulation and oversight of the commercial cannabis industry in California.
The California Public Records Act requires a response within ten business days. If access to the records we are requesting will take longer, please contact us with the information about when we should expect them.
If you deny any or all of this request please cite each specific exemption, you feel justifies the refusal to release the information and notify us of the appeal procedures available under the law.
We appreciate your cooperation with our request.
This is the response we received
Dear Mr. Zoot
Thank you for your inquiry which has been forward to me for reply. In your letter, you request copies of or the opportunity to inspect the Memoranda of Understanding (“MOUs”) that CCA has entered into with the State of California’s cannabis regulatory agencies regarding METRC information sharing.
At this time, we have not finalized any MOUs with any agency of the State of California for access to information in METRC. While we hope to complete those negotiations soon we have not finalized any MOUs at this time. See Cal. Public Records Act (Cal Gov’t Code) Sec. 6254(a), (p).
You have also requested copies of any “SOC audit reports, and privacy assessments that may exist.” They do not.
Certainly, if you have any questions that we might help answer for you, in addition to any other public documents you may wish to see, don’t hesitate to reach out.
Thus, the CAA is very much a tiger that is waiting for its teeth to grow in. We will keep an eye on it.
as a final reminder, WE ARE STILL OFFERING A REWARD TO THE CAPTURE OF whoever PILFERED THE WHO HASH.