Bill to Extend Privacy Protections for Cannabis Users Passes Assembly Privacy Committee

For immediate release:

SACRAMENTO—Assembly Bill 2402 by Assemblymember Evan Low (D-Cupertino), to extend critical privacy protections that exist for medical cannabis users to adult-use cannabis users, passed the Assembly Committee on Privacy and Consumer Protection by a bipartisan vote of 7 - 0.

While cannabis is now legal in California, many individuals do not wish to have their cannabis use made public and there may be some gaps in protections for users. A doctor’s recommendation for medical cannabis is considered “medical information” with all of the strict restrictions that accompany that designation, however consumers that purchased an identical product for adult-use in the same retail location may be subject to reprisal because they lack the same protections.

“With the legalization of Cannabis in California, users deserve the same protections as other consumers across the state,” said Assemblymember Evan Low. “AB 2402 continues the State’s efforts to balance sensible cannabis laws with the need to protect the public.”

AB 2402 provides two exemptions, that personal information may be shared for the purpose of payment and that nonpublic personal information may be shared to authorized employees of the state, city, county, or city to perform official duties specific to the underlying text or local ordinance.

The bill also ensures that all personal information of medical cannabis users is kept confidential by deeming identification cards issued to medical cannabis users to be “medical information” under state law and therefore protected from unauthorized disclosure.

AB 2402 is supported by the California Growers Association. The bill now heads to the Assembly Committee on Appropriations.