AB 1103: Controlled substances: research.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-10-10
Current Status:
Passed
(2025-10-10: Chaptered by Secretary of State - Chapter 571, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to deputize 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to deputize 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances to human and animal research subjects. substances. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have an approval letter from an institutional review board or an institutional animal care and use committee sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to deputize 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval. The bill would require the Attorney General to collaborate with the chairperson of the panel on the formulation of any regulations relating to the panel.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances to human and animal research subjects. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have an approval letter from an institutional review board or an institutional animal care and use committee and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to deputize 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval. The bill would require the Attorney General to collaborate with the chairperson of the panel on the formulation of any regulations relating to the panel.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances to human and animal research subjects. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals that have an approval letter from an institutional review board or an institutional animal care and use committee and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign deputize 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval. The bill would require the Attorney General to collaborate with the chairperson of the panel on the formulation of any regulations relating to the panel.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances to human and animal research subjects. The bill would authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2028. 2028, and would additionally exempt the above-described panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and authorize the panel, until January 1, 2028, to expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances for reasonable cause and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2029. 2028.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I and or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2029.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
The bill would exempt studies registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat specified disorders in military veterans and conducted at Veterans Affairs Administration facilities from authorization or review by the Research Advisory Panel.This bill would revise and recast these provisions to require the panel to review research projects that require the administration of Schedule I and Schedule II controlled substances to human research subjects. The bill would require the panel to prioritize and expedite the review of projects that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2029.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
The bill would exempt studies registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat specified disorders in military veterans and conducted at Veterans Affairs Administration facilities from authorization or review by the Research Advisory Panel.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)(1)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
(2)This subdivision shall become inoperative on January 1, 2028.
SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Bureau for Private Postsecondary Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of completed and timely applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that comply with federal law and include all of the following:
(1)For all research projects, proof of independent peer review of the study for scientific merit and rigor by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)For all research projects, if otherwise required by law, one of the following:
(A)A Schedule I or II research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application.
(D)Other evidence of authorization to conduct the research project pursuant to the federal Controlled Substances Act.
(3)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(4)(A)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, demonstrating that the boards evaluation of the underlying research protocol has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(B)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and deputize those panel members to approve those applications on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 11.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Sections 11121.1 and 11126 of the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)(1)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
(2)This subdivision shall become inoperative on January 1, 2028.
SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Bureau for Private Postsecondary Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of completed and timely applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that comply with federal law and include all of the following:
(1)For all research projects, proof of independent peer review of the study for scientific merit and rigor by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)For all research projects, if otherwise required by law, one of the following:
(A)A Schedule I or II research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application.
(D)Other evidence of authorization to conduct the research project pursuant to the federal Controlled Substances Act.
(3)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(4)(A)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, demonstrating that the boards evaluation of the underlying research protocol has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(B)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and deputize those panel members to approve those applications on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 11.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Sections 11121.1 and 11126 of the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)(A)(1)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
(B)(2)This paragraph subdivision shall become inoperative on January 1, 2028.
SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Bureau for Private Postsecondary Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2. 5.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances, or both, to human and animal research subjects. substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of completed and timely applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include both comply with federal law and include all of the following:
(1)Proof For all research projects, proof of independent peer review of the study for scientific merit and rigor by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)For all research projects, if otherwise required by law, one of the following:
(A)A Schedule I or II research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application.
(D)Other evidence of authorization to conduct the research project pursuant to the federal Controlled Substances Act.
(3)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(2)(4)(A)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, demonstrating that the boards evaluation of the underlying research protocol has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(B)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and deputize those panel members to approve those applications on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances, or both, to human and animal subjects. substances.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 11.Section 11482 is added to the Health and Safety Code, to read:11482.Any rules or regulations related to the panel shall be formulated by the Attorney General in collaboration with the chairperson of the panel.SEC. 12.SEC. 11.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes Sections 1 and 2 of this act, which amend Sections 11121.1 and 11126 of the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)(A)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
(B)This paragraph shall become inoperative on January 1, 2028.
SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances, or both, to human and animal research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of completed and timely applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include both of the following:
(1)Proof of independent peer review of the study for scientific merit and rigor by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)(A)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, demonstrating that the boards evaluation of the underlying research protocol has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(B)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and deputize those panel members to approve those applications on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)The panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances, or both, to human and animal subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 11.Section 11482 is added to the Health and Safety Code, to read:11482.Any rules or regulations related to the panel shall be formulated by the Attorney General in collaboration with the chairperson of the panel.
SEC. 12.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects. substances, or both, to human and animal research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of completed and timely applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all both of the following:
(1)For all research projects, proof Proof of independent peer review of the study for scientific merit and rigor by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3)(2)(A)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board demonstrating that the boards evaluation of the underlying research protocol has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, Code, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4)For all research projects, one of the following:(A)A Schedule I research registration issued by the United States Drug Enforcement Administration.(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application. (5)(B)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations. treatment.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and approve them deputize those panel members to approve those applications on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the The panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects. substances, or both, to human and animal subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal. cure.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 11.Section 11482 is added to the Health and Safety Code, to read:11482.Any rules or regulations related to the panel shall be formulated by the Attorney General in collaboration with the chairperson of the panel.
SEC. 11.SEC. 12.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
As used in this article, state body does not include any of the following:
(a)Except as provided in subdivision (e) of Section 11121, state agencies provided for in Article VI of the California Constitution.
(b)Districts or other local agencies whose meetings are required to be open to the public pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(c)State agencies provided for in Article IV of the California Constitution whose meetings are required to be open to the public pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2).
(d)State agencies when they are conducting proceedings pursuant to Section 3596.
(e)State agencies provided for in Section 109260 of the Health and Safety Code, except as provided in Section 109390 of the Health and Safety Code.
(f)The Credit Union Advisory Committee established pursuant to Section 14380 of the Financial Code.
(g)Panel members assigned by the chairperson of the Research Advisory Panel to conduct an expedited review pursuant to subdivision (e) of Section 11480.1 of the Health and Safety Code.
SECTION 1.SEC. 2.Section 11126 of the Government Code is amended to read:11126.(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 2.SEC. 3.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 3.SEC. 4.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 4.SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel may expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:
(1)For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group within an institutional setting that has previous experience with research or grant review.
(2)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(3)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4)For all research projects, one of the following:
(A)A Schedule I research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application.
(5)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members assigned to conduct an expedited review pursuant to this subdivision are not a state body under the Bagley-Keene Open Meeting Act. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 5.SEC. 6.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 6.SEC. 7.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project for reasonable cause.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.
(c)Approval may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 7.SEC. 8.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 8.SEC. 9.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.SEC. 10.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 10.SEC. 11.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2029. 2028.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 2.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 3.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The panel shall annually select a chairperson from among its members. In order to ensure continuity, the Attorney General shall also continue to employ an executive officer of the panel and necessary employees, whose duties shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 4.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel shall prioritize and may expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:
(1)For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group. group within an institutional setting that has previous experience with research or grant review.
(2)For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(3)For research projects involving human subjects, an approval letter from an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4)For all research projects, one of the following:
(A)A Schedule I research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration, accompanied by a written acknowledgment of receipt of the application.
(5)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual meeting of the panel. Assigned panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
(f)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 5.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)This section shall become operative January 1, 2028.
SEC. 5.SEC. 6.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project under either of the following circumstances: for reasonable cause.
(1)The panel has substantial concerns about the safety and well-being of human research subjects.(2)The panel has substantial concerns that controlled substance research samples are being diverted.(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.
(c)Approval shall may be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 7.Section 11480.5 of the Health and Safety Code is amended to read:11480.5.(a)The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code.
(b)The panel shall provide a report to the Legislature on or before January 1, 2026, that provides an update on the backlog of applications that includes, at minimum, the number of backlog applications that have been reviewed and how many are still pending review.
(c)This section shall remain in effect only until January 1, 2027, 2028, and as of that date is repealed.
SEC. 6.SEC. 8.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 9.Section 11481 is added to the Health and Safety Code, to read:11481.(a)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, whether it was approved under the expedited process set forth in subdivision (c) of former Section 11480.1, and where available, the conclusions of the research project.
(b)This section shall become operative January 1, 2028.
SEC. 7.SEC. 10.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2029.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 2.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 3.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c)The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(e)(d)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 4.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:
(1)Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.
(2)If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(3)An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4)One For all research projects, one of the following:
(A)A Schedule I research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.
(5)For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.
(d)Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
SEC. 5.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project under either of the following circumstances:
(1)The panel has substantial concerns about the safety and well-being of human research subjects.
(2)The panel has substantial concerns that controlled substance research samples are being diverted.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.
(c)Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 6.Section 11481 of the Health and Safety Code is amended to read:11481.The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
SEC. 7.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
(a)(1)Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2)As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3)The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4)Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b)For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c)Nothing in this article shall be construed to do any of the following:
(1)Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2)Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3)Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4)Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5)Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6)Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7)(A)Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B)However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C)For purposes of this paragraph, the negotiator may be a member of the state body.
(D)For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E)Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8)Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9)Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10)Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11)Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12)Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13)Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14)Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15)Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16)Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17)Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18)(A)Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B)Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C)After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19)Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20)(A)Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B)This paragraph shall become inoperative on January 1, 2027. 2029.
(21)(A)Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B)Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C)After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D)If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d)(1)Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2)Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e)(1)Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2)For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A)An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B)(i)A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii)Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C)Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3)The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4)For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5)Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f)In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1)Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2)Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3)Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4)Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5)Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6)Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7)Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A)When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B)For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8)Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9)Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g)This article does not prevent either of the following:
(1)The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2)The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h)This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i)This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j)Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1)When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2)To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3)To the extent that an internal audit containing proprietary information would be disclosed.
(4)To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k)The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SECTION 1.SEC. 2.Section 11213 of the Health and Safety Code is amended to read:11213.(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use controlled those substances, as defined in this division, for those purposes upon approval for use of such those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480 and 11481. 11480.
(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480 or Section 11481. 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
(c)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.SEC. 2.SEC. 3.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.
(d)The panel shall annually select a chairperson from among its members. The Attorney General may also appoint an executive officer of the panel, whose duties include coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(e)The panel may hold hearings on, and in other ways study, research projects concerning cannabis or hallucinogenic drugs in this state. Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.(f)The panel may approve research projects, which have been registered by the Attorney General, into the nature and effects of cannabis or hallucinogenic drugs, and shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.(g) The panel may withdraw approval of a research project at any time, and when approval is withdrawn shall notify the head of the research project to return any quantities of cannabis to the Attorney General.(h)The panel shall report annually to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and, where available, the conclusions of the research project.(i)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.(e)Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 4.Section 11480.1 is added to the Health and Safety Code, to read:11480.1.(a)In order to ensure compliance with state law and public policy protecting the rights of human subjects in medical and scientific research, the panel shall review research projects that require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state.
(b)The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c)The panel shall prioritize and expedite the review of research project applications that include all of the following:
(1)Proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.
(2)If approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A)A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B)A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C)Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D)A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(3)An approval letter from a federally chartered institutional review board of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4)One of the following:
(A)A Schedule I research registration issued by the United States Drug Enforcement Administration.
(B)An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C)A copy of the application for a research registration submitted to the United States Drug Enforcement Administration.
(d)The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals internet website.
(e)Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications.
SEC. 5.Section 11480.3 is added to the Health and Safety Code, to read:11480.3.(a)The panel may withdraw approval from a research project under either of the following circumstances:
(1)The panel has substantial concerns about the safety and well-being of human research subjects.
(2)The panel has substantial concerns that controlled substance research samples are being diverted.
(b)Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.
(c)Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d)Upon withdrawal of its approval, the panel shall notify the head of the research project to return any quantities of cannabis to the Attorney General, subject to any federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 3.SEC. 6.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The Research Advisory Panel may hold hearings on, and in other ways study, research projects concerning the treatment of abuse of controlled substances.(b)The panel may approve research projects, which have been registered by the Attorney General, concerning the treatment of abuse of controlled substances and shall inform the chief of such approval. The panel may withdraw approval of a research project at any time and when approval is withdrawn shall so notify the chief.(c)11481.The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
(d)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.SEC. 7.The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
(a)Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use for such purposes such substances as are defined as controlled substances controlled substances, as defined in this division, for those purposes upon approval for use of such controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480 and 11481.
Such(b)Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project which that has been approved by the Research Advisory Panel pursuant to Section 11480 or Section 11481. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
(c)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.
SEC. 2.Section 11480 of the Health and Safety Code is amended to read:11480.(a)The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b)There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.
(d)The panel shall annually select a chairperson from among its members.
(e)The panel may hold hearings on, and in other ways study, research projects concerning cannabis or hallucinogenic drugs in this state. Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
(f)The panel may approve research projects, which have been registered by the Attorney General, into the nature and effects of cannabis or hallucinogenic drugs, and shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(g) The panel may withdraw approval of a research project at any time, and when approval is withdrawn shall notify the head of the research project to return any quantities of cannabis to the Attorney General.
(h) The panel shall report annually to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and, where available, the conclusions of the research project.
(i)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.
SEC. 3.Section 11481 of the Health and Safety Code is amended to read:11481.(a)The Research Advisory Panel may hold hearings on, and in other ways study, research projects concerning the treatment of abuse of controlled substances.
The(b)The panel may approve research projects, which have been registered by the Attorney General, concerning the treatment of abuse of controlled substances and shall inform the chief of such approval. The panel may withdraw approval of a research project at any time and when approval is withdrawn shall so notify the chief.
The(c)The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
(d)Notwithstanding any other law, a research study registered with the United States Drug Enforcement Agency into the therapeutic administration of psychedelics to treat military veterans with post-traumatic stress disorder, traumatic brain injury, substance use disorders, and treatment-resistant depression, and conducted at a Veterans Affairs Administration facility, is exempt from authorization or review by the Research Advisory Panel.
|
Date
|
Status
|
|---|---|
| Oct 10, 2025 | Chaptered by Secretary of State - Chapter 571, Statutes of 2025. |
| Oct 10, 2025 | Approved by the Governor. |
| Sep 16, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep 9, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3117.). |
| Sep 8, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2627.). |
| Sep 4, 2025 | Read second time. Ordered to third reading. |
| Sep 3, 2025 | Read third time and amended. Ordered to second reading. |
| Aug 20, 2025 | Read second time. Ordered to third reading. |
| Aug 19, 2025 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 10, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 9, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 8). |
| Jun 27, 2025 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 26, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 25). |
| Jun 3, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. |
| May 28, 2025 | Referred to Coms. on HEALTH and JUD. |
| May 20, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 19, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1607.) |
| May 15, 2025 | Read second time. Ordered to third reading. |
| May 14, 2025 | From committee: Do pass. (Ayes 15. Noes 0.) (May 14). |
| May 5, 2025 | Re-referred to Com. on APPR. |
| May 1, 2025 | Read second time and amended. |
| Apr 30, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 29). |
| Apr 21, 2025 | Re-referred to Com. on HEALTH. |
| Apr 10, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| Apr 1, 2025 | Re-referred to Com. on HEALTH. |
| Mar 28, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| Mar 17, 2025 | Referred to Coms. on HEALTH and M. & V.A. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2025 | AB 1103 Ward Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2025 | Assembly 3rd Reading AB1103 Ward By Padilla | Senate Floor |
Passed |
|
| Jul 8, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 25, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] | Senate Standing Committee on Health |
Passed |
|
| May 19, 2025 | AB 1103 Ward Assembly Third Reading | Assembly Floor |
Passed |
|
| May 14, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Biocom California | ** Support | |
| California Civil Liberties Advocacy | ** Support | |
| California Life Sciences Association | ** Support | |
| California Medical Association | ** Support | |
| California Narcotics Officers' Association (CNOA) | ** Against | |
| California NORML | ** Support | |
| California Pharmacists Association (CPhA) | ** Support | |
| City and County of San Francisco | ** Support | |
| Compassionate Veterans | ** Support | |
| Courage California | ** Support | |
| Drug Policy Alliance | ** Support | |
| Heroic Hearts Project | ** Support | |
| Navy Seal Foundation | ** Support | |
| Smart Justice | ** Support | |
| The American Legion | ** Support | |
| Veterans Exploring Treatment Solutions | ** Support | |
| Veterans Exploring Treatment Solutions (source) | ** Support | |
| Veterans Exploring Treatment Solutions Vets | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1103
Author:(Ward)
As Amended Ver:September 3, 2025
Majority vote
SUMMARY
Authorizes, until January 1, 2028, the Research Advisory Panel (RAPC) to expedite review of projects that have sought or received certain federal approvals and have proof of independent peer review of the study. Authorizes the chairperson of RAPC to assign two or more panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel, and authorizes individual panel members to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of full panel meetings to conduct their individual reviews. Extends RAPC's existing exemption from the Bagley-Keene Open Meeting Act to January 1, 2028. Makes Legislative findings about the need to limit public access to the meetings of RAPC.
Senate Amendments
- Exempt individual RAPC panel members assigned to review and approve a research project from the Bagley-Keene Open Meeting Act until January 1, 2028.
- Remove the 10-day minimum from the reasonable period of time that RAPC is required to provide to a research project after communicating concerns and proposing withdrawal of approval.
- Specify that, in order to be eligible for expedited review, applications for research projects should be completed and timely.
- Make other technical changes to conform with AB 1170 (Dixon), Chapter 67, Statutes of 2025.
COMMENTS
RAPC. Research entities seeking to conduct research projects concerning cannabis or hallucinogenic drugs in California must submit their research proposals to the RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, the Department of Public Health, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the Attorney General (AG). The California Department of Justice (DOJ) provides administrative and legal support to the RAPC. RAPC's work complements a regulatory approval process that includes Institutional Review Boards (IRBs), the Food and Drug Administration (FDA), and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, IRBs are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects.
Bagley-Keene. The Bagley-Keene Open Meeting Act applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
RAPC meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle noted that a group of more than 70 leading addiction researchers and advocates sent a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state's capacity to respond to health crises tightly intertwined with homelessness. The San Francisco Chronicle story states this extra regulatory step delays trials by five to 10 months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC traditionally meets bimonthly, but it had not held a meeting from August 2023 to July 2024. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose that it was supposed to fall under Bagley-Keene. The story states that holding those meetings in public raised alarm about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. The result was a ballooning backlog which, according to the author's office, has been completely addressed after AB 2841 (Waldron), Chapter 156, Statutes of 2024, gave RAPC an exemption to Bagley-Keene in order to address one barrier to them meeting.
Scientific review of research proposals. Research proposals are reviewed by several entities before they are ultimately approved. The steps in this approval process can vary based on the subject of the research. Human subjects, animal subjects, and In-Vitro studies dealing with Schedule I and II controlled substances in California are all approved by their funder, the DEA, and RAPC at a minimum. Research on human subjects must also be approved by an IRB. In practice, all of these approvals and reviews happen before the proposal is reviewed by RAPC. Following RAPC approval, the study is then subject to continuous monitoring by the IRB, DEA, FDA, and RAPC.
FDA. For clinical drug trials, the FDA requires an Investigational New Drug (IND) application, which is a request for authorization from the FDA to administer an investigational drug or biological product to humans. The FDA defines a clinical investigation as any experiment in which a drug is administered or dispensed to, or used involving, one or more human subjects. An experiment is any use of a drug except for the use of a marketed drug in the course of medical practice. The sponsor is any person who takes responsibility for and initiates a clinical investigation. The sponsor may be an individual of a pharmaceutical company, government agency, academic institution, private organization, or other organization.
The FDA is responsible for reviewing the pre-clinical pharmacology and toxicology, chemistry and manufacturing, and previous human data (if available) under an IND application. The FDA has two primary objectives in reviewing an IND: 1) to assure the safety and rights of subjects in all phases of an investigation, and 2) to help assure that the quality of the scientific evaluation of the drug is adequate to permit an evaluation of the drug's effectiveness and safety in phases two and three studies.
DEA. For pharmaceutical controlled substances, the DEA's responsibility is twofold: to prevent diversion and abuse of these substances while ensuring an adequate and uninterrupted supply is available to meet the country's legitimate medical, scientific, and research needs. The DEA works closely with state and local authorities and other federal agencies to carry out this responsibility. According to the DEA, there are two separate categories for researcher registration which are based on controlled substance schedules: a schedule I researcher and a schedule II-V researcher. If a researcher wishes to conduct research in schedules I and schedules II-V, they must obtain two separate registrations. The DEA may require a state license to conduct research and/or a state controlled substance registration, if applicable, to be obtained before issuing a federal registration.
A schedule I research protocol must include the name, address, and DEA registration number of the investigator, as well as their institution or company and their qualifications. The protocol must also include the purpose of the research project, the controlled substances involved, including the amount needed (with justification) and the source, a detailed description of the research procedures, the dosages to be administered, the method of administration, the location of the study, a statement of security provisions for handling the substances, and a manufacturing or import statement.
IRB. According to the University of California (UC), IRBs are administrative committees designated to provide ethical and regulatory oversight of research that involves human subjects. IRBs exist to protect the rights, safety, and welfare of human subjects involved in research projects, consistent with ethical principles and federal, state, and local regulations. IRBs are enacted under federal regulation (Title 45, Code of Federal Regulations, Section 46) and are regulated by the Office for Human Research Protections within the U.S. Department of Health & Human Services.
Institutional Animal Care and Use Committee (IACUC). An IACUC is required by federal regulations for most institutions that use animals in research, teaching, and testing. The IACUC has a key oversight role, including the review and approval of animal use activities, and inspection of animal facilities. The principal investigator or instructor, and their staff, are responsible for understanding and following the regulations, as well as institutional policies, governing animal care and use. Members of each IACUC are appointed by the chief executive of the research facility, and must include at least one Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program responsibility for activities involving animals at the research facility, and at least one member not affiliated in any way with the facility other than as a member of the IACUC, to provide representation for general community interests in the proper care and treatment of animals.
According to the Author
This bill would expedite the AG's mandatory review and required approval of substance use disorder research and other clinical research projects to be conducted at California institutions, including clinical trials administering Schedule I and II psychedelics (as well as other hallucinogens and cannabis) to treat opioid use disorders, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans. Eliminating any and all unnecessary delays in commencing such clinical research in California will save lives.
Arguments in Support
Veterans Exploring Treatment Solutions (VETS) is sponsoring this bill and states in support that it will maintain the proper safety and oversight function of RAPC while eliminating statutory burdens that slow the ability of the panel to approve research. VETS applauds the commitment of individual RAPC panel members to facilitate life-saving research, but recognizes existing statutory requirements that slow the work of RAPC, slow the approval of research, and ultimately slow the development of life-saving treatments for veterans experiencing suicidality and other mental health conditions. VETS argues that we desperately need to accelerate the development of more effective treatments for service-related injuries and mental health conditions fueling the disproportionate incidence of suicide among veterans.
Smart Justice also supports this bill arguing it comes at a critical time when the Trump Administration is making cuts to Medicaid and other federal programs that will impact treatment programs in California for mental health and substance use disorder. California must treat addiction and mental health treatment as a public health emergency. Smart Justice argues that removing burdensome administrative barriers from the ability to commence clinical research in California will expedite new and more effective FDA-approved treatments that will save lives that might otherwise be lost due to effective treatments arriving too late.
The California Pharmacists Association (CPhA) supports this bill stating that it streamlines and modernizes the oversight of critical medical and scientific research involving controlled substances while maintaining strong safety and ethical standards. By prioritizing and expediting the review of research already vetted by federal agencies and peer-reviewed institutions, it reduces unnecessary delays, supports scientific innovation, and accelerates the development of potentially life-saving treatments. At the same time, it preserves safeguards for human and animal subjects. CPhA argues that research delays have impacted studies focused on high-priority public health issues, such as substance use disorder, PTSD, and treatment-resistant mental health conditions, and have contributed to a broader loss of research funding and academic talent across the state.
Arguments in Opposition
The California Narcotics Officers' Association (CNOA) opposes this bill stating that the expedited review process bypasses broader deliberation and scrutiny that could identify potential risks or gaps in oversight, and the extension of the open meeting exemption further restricts transparency around how decisions affecting controlled substances—an area of high law enforcement concern—are made. CNOA argues this bill undermines necessary transparency and checks on sensitive controlled substance research.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM HEALTH: 16-0-0
YES: Bonta, Chen, Addis, Aguiar-Curry, Arambula, Carrillo, Flora, Mark González, Krell, Patel, Patterson, Celeste Rodriguez, Sanchez, Schiavo, Sharp-Collins, Stefani
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
ASSEMBLY FLOOR: 75-0-4
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer‑Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Dixon, Flora, Jeff Gonzalez, Papan
UPDATED
VERSION: September 3, 2025
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0001828
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1103 |
THIRD READING
Bill No: AB 1103
Author: Ward (D)
Amended: 9/3/25 in Senate
Vote: 21
SENATE HEALTH COMMITTEE: 11-0, 6/25/25
AYES: Menjivar, Valladares, Durazo, Gonzalez, Grove, Limón, Padilla, Richardson, Rubio, Weber Pierson, Wiener
SENATE JUDICIARY COMMITTEE: 12-0, 7/8/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Caballero
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 75-0, 5/19/25 - See last page for vote
SUBJECT: Controlled substances: research
SOURCE: Veterans Exploring Treatment Solutions
DIGEST:
This bill codifies processes for the review of research projects by the Research Advisory Panel of California (RAPC) in an expedited manner, and its general review of applications for research projects that do not meet the expedited criteria. Extends RAPC’s exemption that allows for holding closed sessions by one year, until January 1, 2028.
Senate Floor Amendments of 9/3/25 clarify the documents needed, as applicable, in order for RAPC to review research project applications in an expedited manner, such as research registration with and approval from the US Drug Enforcement Administration (DEA) and other related evidence, as well as approval from the US Food and Drug Administration (FDA) and any relevant approval letters.
ANALYSIS:
Existing law:
- Establishes RAPC as an independent panel to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. Permits RAPC to hold hearings and approve research projects, which have been registered by the California Attorney General (AG), concerning cannabis or hallucinogenic drugs, or the treatment of abuse of controlled substances in the state. Permits RAPC to withdraw approval of a research project at any time. [Health and Safety Code (HSC) §11480 and §11481]
- Permits persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use substances as are defined as controlled substances, upon approval for use of such controlled substances in bona fide research, instruction, or analysis by RAPC. [HSC §11213]
- Requires RAPC, annually and in a manner it determines, to report to the Legislature and the Governor those research projects it approved, the nature of each research project, and the conclusions of the research project, where available. [HSC §11480 and §11481]
- Establishes the Bagley-Keene Open Meeting Act (Bagley-Keene), which requires state bodies to conduct their business in open public meetings, with some exceptions, and establishes requirements and procedures for such meetings. [Government Code (GOV) §11120, et seq.]
- Prohibits Bagley-Keene from being construed to prevent various state bodies from holding closed sessions for specified purposes, including RAPC until January 1, 2027, to discuss, review, and approve research projects containing specified sensitive and confidential information, like trade secrets and/or intellectual property. [GOV §11126(c)(20)]
- Defines a “state body” as each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order;
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body;
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons; or,
- A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. [GOV §11121]
- Specifies that certain state agencies and other entities conducting specified duties do not fall within the meaning of “state body.” [GOV §11121.1]
This bill:
- Codifies RAPC’s expedited review process of applications, until January 1, 2028, for research projects as follows, with the review and criteria for expedited review to be published on RAPC’s website:
- Requires RAPC, in order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects;
- Requires RAPC to inform the AG of the head of the approved research projects that are entitled to receive quantities of cannabis;
- Permits RAPC to expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include such things as:
- Proof of independent peer review of the study for all research projects;
- Schedule I or II research registration issued by the United States Drug Enforcement Administration;
- An approval from the DEA for a research registration that is conditional on the approval of the panel;
- A copy of the application for a research registration submitted to the DEA, accompanied by a written acknowledgment of receipt of the application;
- Other evidence of authorization to conduct the research project pursuant to the federal Controlled Substances Act;
- A letter indicating federal FDA approval for an investigational new drug, or a letter indicating federal agreement that the study may proceed, and a specified approval letter from an institutional review board for projects involving human subjects;
- Documentation that a required 30-day period allowing for federal response to a proposed project has occurred; and,
- Processes and required documentation for projects involving animal subjects.
- Codifies RAPC’s general review of applications for research projects that do not meet the expedited criteria.
- Requires RAPC, effective January 1, 2028 (after the expedited provisions in this bill sunset), to review research projects (this process being considered RAPC’s standard review) that would require the administration of Schedule I or Schedule II controlled substances to research subjects, and inform the California Attorney General (AG) of the head of the approved research projects that are entitled to receive specified quantities of cannabis.
- Provides a process for RAPC to withdraw approval of a research project for reasonable cause, requiring notice to the head of the research project within specified timeframes.
- Extends RAPC’s exemption, as described in 5) above of existing law, that allows for holding closed sessions by one year, until January 1, 2028.
- Exempts panel members assigned by the chairperson of RAPC, who conduct the expedited reviews, from the definition of “state body,” pursuant to 7) above of existing law, until January 1, 2028.
- Requires the AG to continue to employ a RAPC executive officer and necessary employees, whose duties include, but are not limited to, coordinating with RAPC’s chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
- Revises and recasts the provision requiring RAPC to report to the Legislature and the Governor on all research projects so that it begins January 1, 2028, and includes the reporting element that tells whether a research project was approved under the expedited process, in addition to the information required in 3) above of existing law.
Comments
According to the author of this bill:
This bill would expedite state review and approval of federally sanctioned drug trials and other clinical research projects that study the potential medical uses of Schedule I and II controlled substances conducted at California institutions. This includes clinical trials administering psychedelic compounds to treat opioid use disorders, other substance use disorders, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), major depressive disorder, generalized anxiety disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans and daily rates of suicide among Californians generally. According to a January 2025 report by the California Department of Public Health (CDPH) Office of Suicide Prevention, suicide is the leading cause of violent death in the state, and a major preventable public health concern in California that can have both immediate- and long-term emotional and economic impacts on individuals, families, and entire communities. As these clinical trials are prerequisites to developing new and more effective FDA-approved treatments for these conditions, eliminating any and all unnecessary delays in commencing such clinical research in California will expedite the availability of these treatments, and save lives that could otherwise be lost due to effective treatments arriving too late.
Background
RAPC’s purpose and process. Research entities in California seeking to conduct projects concerning cannabis or hallucinogenic drugs, as well as other Schedule I and II controlled substances, must submit their research proposals to RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, CDPH, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the AG. DOJ provides administrative and legal support to the RAPC whose work complements a regulatory approval process that includes Institutional Review Boards, the FDA, and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, Institutional Review Boards are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects. This bill, in part, codifies RAPC’s general review process, including the expedited review process by a subset of the group authorized to approve projects that meet all of the established criteria and present no extraordinary circumstances.
Bagley-Keene. Bagley-Keene applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person with notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
Meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle notes that a group of more than 70 addiction researchers and advocates penned a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state’s capacity to respond to health crises tightly intertwined with homelessness. The Chronicle story states this extra regulatory step delays trials by five to ten months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC is supposed to meet bimonthly, but at the time the January 2024 article had been written, RAPC had not held a meeting since August 2023. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose in 2023 that it was supposed to fall under Bagley-Keene. The story states that if such meetings were open to the public, concerns would be raised about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. Meetings ordinarily scheduled for every other month had been canceled since October 2023. The result was a ballooning backlog: as of early May 2024, there were 42 new studies and 28 amendments to existing projects awaiting approval, according to state officials. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC an exemption to Bagley-Keene to allow for holding closed sessions in certain situations, such as to discuss, review, and approve research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, until January 1, 2027, to assist in an expedited review to address the backlog. This bill, among other things, seeks to extend that exemption until January 1, 2028, even though RAPC indicates that the backlog of applications has been largely addressed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 9/3/25)
Veterans Exploring Treatment Solutions (source)
Biocom California
California Civil Liberties Advocacy
California Life Sciences Association
California Medical Association
California NORML
California Pharmacists Association
City and County of San Francisco
Compassionate Veterans
Courage California
Drug Policy Alliance
Heroic Hearts Project
Navy SEAL Foundation
Smart Justice California
The American Legion
OPPOSITION: (Verified 9/3/25)
California Narcotic Officers’ Association
ARGUMENTS IN SUPPORT: Veterans Exploring Treatment Solutions (VETS), as sponsor, and other supporters of this bill argue that eliminating unnecessary delays in research will accelerate the development of new and effective FDA-approved treatments for TBI, PTSD, treatment-resistant depression, generalized anxiety disorder, and substance use disorders. These conditions impact many vulnerable populations and drive rates of suicide in California, the third-largest veteran population in the U.S. (after Texas and Florida). VETS further states that while charities like theirs do as much as they can with scarce resources to turn the tide on veteran suicide, they simply cannot meet the growing demand from veterans for these treatments through private philanthropy alone. Ultimately, the only way to meet this demand is by expediting clinical research into psychedelics, accelerating the availability of FDA-approved psychedelic treatments in the U.S., and making them accessible through the Veterans Health Administration, currently serving 9 million enrolled veterans each year.
ARGUMENTS IN OPPOSITION: The California Narcotic Officers’ Association argues this bill significantly expands RAPC’s authority in ways that raise serious concerns regarding transparency, public accountability, and the integrity of law enforcement oversight, such as an excessive expedited review, extended private sessions beyond public accountability, reduced community confidence and oversight, and potential enforcement complications. They further state that this bill undermines necessary transparency and checks on sensitive controlled substance research.
ASSEMBLY FLOOR: 75-0, 5/19/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Dixon, Flora, Jeff Gonzalez, Papan
Prepared by: Reyes Diaz / HEALTH / (916) 651-4111
9/6/25 10:36:35
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1103 |
THIRD READING
Bill No: AB 1103
Author: Ward (D)
Amended: 7/10/25 in Senate
Vote: 21
SENATE HEALTH COMMITTEE: 11-0, 6/25/25
AYES: Menjivar, Valladares, Durazo, Gonzalez, Grove, Limón, Padilla, Richardson, Rubio, Weber Pierson, Wiener
SENATE JUDICIARY COMMITTEE: 12-0, 7/8/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Caballero
ASSEMBLY FLOOR: 75-0, 5/19/25 - See last page for vote
SUBJECT: Controlled substances: research
SOURCE: Veterans Exploring Treatment Solutions
DIGEST:
This bill codifies processes for the review of research projects by the Research Advisory Panel of California (RAPC) in an expedited manner, and its general review of applications for research projects that do not meet the expedited criteria. Extends RAPC’s exemption that allows for holding closed sessions by one year, until January 1, 2028.
ANALYSIS:
Existing law:
- Establishes RAPC as an independent panel to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. Permits RAPC to hold hearings and approve research projects, which have been registered by the California Attorney General (AG), concerning cannabis or hallucinogenic drugs, or the treatment of abuse of controlled substances in the state. Permits RAPC to withdraw approval of a research project at any time. [Health and Safety Code (HSC) §11480 and §11481]
- Permits persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use substances as are defined as controlled substances, upon approval for use of such controlled substances in bona fide research, instruction, or analysis by RAPC. [HSC §11213]
- Requires RAPC, annually and in a manner it determines, to report to the Legislature and the Governor those research projects it approved, the nature of each research project, and the conclusions of the research project, where available. [HSC §11480 and §11481]
- Establishes the Bagley-Keene Open Meeting Act (Bagley-Keene), which requires state bodies to conduct their business in open public meetings, with some exceptions, and establishes requirements and procedures for such meetings. [Government Code (GOV) §11120, et seq.]
- Prohibits Bagley-Keene from being construed to prevent various state bodies from holding closed sessions for specified purposes, including RAPC until January 1, 2027, to discuss, review, and approve research projects containing specified sensitive and confidential information, like trade secrets and/or intellectual property. [GOV §11126(c)(20)]
- Defines a “state body” as each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order;
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body;
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons; or,
- A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. [GOV §11121]
- Specifies that certain state agencies and other entities conducting specified duties do not fall within the meaning of “state body.” [GOV §11121.1]
This bill:
- Codifies RAPC’s expedited review process of applications, until January 1, 2028, for research projects as follows, with the review and criteria for expedited review to be published on RAPC’s website:
- Requires RAPC, in order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects;
- Requires RAPC to inform the AG of the head of the approved research projects that are entitled to receive quantities of cannabis;
- Permits RAPC to expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include such things as:
- Proof of independent peer review of the study for all research projects;
- A letter indicating federal approval for an investigational new drug, or a letter indicating federal agreement that the study may proceed, and a specified approval letter from an institutional review board for projects involving human subjects;
- Documentation that a required 30-day period allowing for federal response to a proposed project has occurred; and,
- Processes and required documentation for projects involving animal subjects.
- Codifies RAPC’s general review of applications for research projects that do not meet the expedited criteria.
- Requires RAPC, effective January 1, 2028 (after the expedited provisions in this bill sunset), to review research projects (this process being considered RAPC’s standard review) that would require the administration of Schedule I or Schedule II controlled substances to research subjects, and inform the California Attorney General (AG) of the head of the approved research projects that are entitled to receive specified quantities of cannabis.
- Provides a process for RAPC to withdraw approval of a research project for reasonable cause, requiring notice to the head of the research project within specified timeframes.
- Extends RAPC’s exemption, as described in 5) above of existing law, that allows for holding closed sessions by one year, until January 1, 2028.
- Exempts panel members assigned by the chairperson of RAPC, who conduct the expedited reviews, from the definition of “state body,” pursuant to 7) above of existing law, until January 1, 2028.
- Requires the AG to continue to employ a RAPC executive officer and necessary employees, whose duties include, but are not limited to, coordinating with RAPC’s chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
- Revises and recasts the provision requiring RAPC to report to the Legislature and the Governor on all research projects so that it begins January 1, 2028, and includes the reporting element that tells whether a research project was approved under the expedited process, in addition to the information required in 3) above of existing law.
Comments
According to the author of this bill:
This bill would expedite state review and approval of federally sanctioned drug trials and other clinical research projects that study the potential medical uses of Schedule I and II controlled substances conducted at California institutions. This includes clinical trials administering psychedelic compounds to treat opioid use disorders, other substance use disorders, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), major depressive disorder, generalized anxiety disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans and daily rates of suicide among Californians generally. According to a January 2025 report by the California Department of Public Health (CDPH) Office of Suicide Prevention, suicide is the leading cause of violent death in the state, and a major preventable public health concern in California that can have both immediate- and long-term emotional and economic impacts on individuals, families, and entire communities. As these clinical trials are prerequisites to developing new and more effective Food and Drug Administration (FDA)-approved treatments for these conditions, eliminating any and all unnecessary delays in commencing such clinical research in California will expedite the availability of these treatments, and save lives that could otherwise be lost due to effective treatments arriving too late.
Background
RAPC’s purpose and process. Research entities in California seeking to conduct projects concerning cannabis or hallucinogenic drugs, as well as other Schedule I and II controlled substances, must submit their research proposals to RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, CDPH, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the AG. DOJ provides administrative and legal support to the RAPC whose work complements a regulatory approval process that includes Institutional Review Boards, the FDA, and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, Institutional Review Boards are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects. This bill, in part, codifies RAPC’s general review process, including the expedited review process by a subset of the group authorized to approve projects that meet all of the established criteria and present no extraordinary circumstances.
Bagley-Keene. Bagley-Keene applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person with notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
Meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle notes that a group of more than 70 addiction researchers and advocates penned a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state’s capacity to respond to health crises tightly intertwined with homelessness. The Chronicle story states this extra regulatory step delays trials by five to ten months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC is supposed to meet bimonthly, but at the time the January 2024 article had been written, RAPC had not held a meeting since August 2023. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose in 2023 that it was supposed to fall under Bagley-Keene. The story states that if such meetings were open to the public, concerns would be raised about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. Meetings ordinarily scheduled for every other month had been canceled since October 2023. The result was a ballooning backlog: as of early May 2024, there were 42 new studies and 28 amendments to existing projects awaiting approval, according to state officials. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC an exemption to Bagley-Keene to allow for holding closed sessions in certain situations, such as to discuss, review, and approve research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, until January 1, 2027, to assist in an expedited review to address the backlog. This bill, among other things, seeks to extend that exemption until January 1, 2028, even though RAPC indicates that the backlog of applications has been largely addressed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Senate Rule 28.8
SUPPORT: (Verified 8/12/25)
Veterans Exploring Treatment Solutions (source)
Biocom California
California Civil Liberties Advocacy
California Life Sciences Association
California Medical Association
California NORML
California Pharmacists Association
City and County of San Francisco
Compassionate Veterans
Courage California
Drug Policy Alliance
Heroic Hearts Project
Navy SEAL Foundation
Smart Justice California
The American Legion
OPPOSITION: (Verified 8/12/25)
None received
ARGUMENTS IN SUPPORT: Veterans Exploring Treatment Solutions (VETS), as sponsor, and other supporters of this bill argue that eliminating unnecessary delays in research will accelerate the development of new and effective FDA-approved treatments for TBI, PTSD, treatment-resistant depression, generalized anxiety disorder, and substance use disorders. These conditions impact many vulnerable populations and drive rates of suicide in California, the third-largest veteran population in the U.S. (after Texas and Florida). VETS further states that while charities like theirs do as much as they can with scarce resources to turn the tide on veteran suicide, they simply cannot meet the growing demand from veterans for these treatments through private philanthropy alone. Ultimately, the only way to meet this demand is by expediting clinical research into psychedelics, accelerating the availability of FDA-approved psychedelic treatments in the U.S., and making them accessible through the Veterans Health Administration, currently serving 9 million enrolled veterans each year.
ASSEMBLY FLOOR: 75-0, 5/19/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Dixon, Flora, Jeff Gonzalez, Papan
Prepared by: Reyes Diaz / HEALTH / (916) 651-4111
8/20/25 23:28:48
**** END ****
SENATE COMMITTEE ON HEALTH
Senator Caroline Menjivar, Chair
BILL NO: AB 1103
AUTHOR: | Ward | ||
VERSION: | June 3, 2025 | ||
HEARING DATE: | June 25, 2025 | ||
CONSULTANT: | Reyes Diaz | ||
SUBJECT: Controlled substances: research
SUMMARY:
Codifies processes for the review of research projects by the Research Advisory Panel of California (RAPC) in an expedited manner, and its general review of applications for research projects that do not meet the expedited criteria. Extends RAPC’s exemption that allows for holding closed sessions by one year, until January 1, 2028.
Existing law:
- Establishes RAPC as an independent panel to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. Permits RAPC to hold hearings and approve research projects, which have been registered by the California Attorney General (AG), concerning cannabis or hallucinogenic drugs, or the treatment of abuse of controlled substances in the state. Permits RAPC to withdraw approval of a research project at any time. [HSC §11480 and §11481]
- Permits persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use substances as are defined as controlled substances, upon approval for use of such controlled substances in bona fide research, instruction, or analysis by RAPC. [HSC §11213]
- Requires RAPC, annually and in a manner it determines, to report to the Legislature and the Governor those research projects it approved, the nature of each research project, and the conclusions of the research project, where available. [HSC §11480 and §11481]
- Establishes the Bagley-Keene Open Meeting Act (Bagley-Keene), which requires state bodies to conduct their business in open public meetings, with some exceptions, and establishes requirements and procedures for such meetings. [GOV §11120, et seq.]
- Prohibits Bagley-Keene from being construed to prevent various state bodies from holding closed sessions for specified purposes, including RAPC until January 1, 2027, to discuss, review, and approve research projects containing specified sensitive and confidential information, like trade secrets and/or intellectual property. [GOV §11126(c)(20)]
- Defines a “state body” as each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order;
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body;
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons; or,
- A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. [GOV §11121]
- Specifies that certain state agencies and other entities conducting specified duties do not fall within the meaning of “state body.” [GOV §11121.1]
This bill:
- Codifies RAPC’s expedited review process of applications, until January 1, 2028, for research projects as follows, with the review and criteria for expedited review to be published on RAPC’s website:
- Requires RAPC, in order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects;
- Requires RAPC to inform the AG of the head of the approved research projects that are entitled to receive quantities of cannabis;
- Permits RAPC to expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include such things as:
- Proof of independent peer review of the study for all research projects;
- A letter indicating federal approval for an investigational new drug, or a letter indicating federal agreement that the study may proceed, and a specified approval letter from an institutional review board for projects involving human subjects;
- Documentation that a required 30-day period allowing for federal response to a proposed project has occurred; and,
- Processes and required documentation for projects involving animal subjects.
- Codifies RAPC’s general review of applications for research projects that do not meet the expedited criteria.
- Requires RAPC, effective January 1, 2028 (after the expedited provisions in this bill sunset), to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects, and inform the California Attorney General (AG) of the head of the approved research projects that are entitled to receive specified quantities of cannabis.
- Provides a process for RAPC to withdraw approval of a research project for reasonable cause, requiring notice to the head of the research project within specified timeframes.
- Extends RAPC’s exemption, as described in 5) above of existing law, that allows for holding closed sessions by one year, until January 1, 2028.
- Exempts panel members assigned by the chairperson of RAPC, who conduct the expedited reviews, from the definition of “state body,” pursuant to 7) above of existing law.
- Requires the AG to continue to employ a RAPC executive officer and necessary employees, whose duties include, but are not limited to, coordinating with RAPC’s chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
- Revises and recasts the provision requiring RAPC to report to the Legislature and the Governor on all research projects so that it begins January 1, 2028, and includes the reporting element that tells whether a research project was approved under the expedited process, in addition to the information required in 3) above of existing law.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, the California Department of Justice (DOJ) states this bill has no fiscal impact.
PRIOR VOTES:
Assembly Floor: | 75 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Health Committee: | 16 - 0 |
COMMENTS:
- Author’s statement. According to the author, this bill would expedite state review and approval of federally-sanctioned drug trials and other clinical research projects that study the potential medical uses of Schedule I and II controlled substances conducted at California institutions. This includes clinical trials administering psychedelic compounds to treat opioid use disorders, other substance use disorders, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), major depressive disorder, generalized anxiety disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans and daily rates of suicide among Californians generally. According to a January 2025 report by the California Department of Public Health (CDPH) Office of Suicide Prevention, suicide is the leading cause of violent death in the state, and a major preventable public health concern in California that can have both immediate- and long-term emotional and economic impacts on individuals, families, and entire communities. As these clinical trials are prerequisites to developing new and more effective Food and Drug Administration (FDA)-approved treatments for these conditions, eliminating any and all unnecessary delays in commencing such clinical research in California will expedite the availability of these treatments, and save lives that could otherwise be lost due to effective treatments arriving too late.
- RAPC’s purpose and process. Research entities in California seeking to conduct projects concerning cannabis or hallucinogenic drugs, as well as other Schedule I and II controlled substances, must submit their research proposals to RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, CDPH, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the AG. DOJ provides administrative and legal support to the RAPC whose work complements a regulatory approval process that includes Institutional Review Boards, the FDA, and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, Institutional Review Boards are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects. This bill, in part, codifies RAPC’s general review process, including the expedited review process by a subset of the group authorized to approve projects that meet all of the established criteria and present no extraordinary circumstances.
- Bagley-Keene. Bagley-Keene applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person with notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
- Meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle notes that a group of more than 70 addiction researchers and advocates penned a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state’s capacity to respond to health crises tightly intertwined with homelessness. The Chronicle story states this extra regulatory step delays trials by five to ten months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC is supposed to meet bimonthly, but at the time the January 2024 article had been written, RAPC had not held a meeting since August 2023. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose in 2023 that it was supposed to fall under Bagley-Keene. The story states that if such meetings were open to the public, concerns would be raised about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. Meetings ordinarily scheduled for every other month had been canceled since October 2023. The result was a ballooning backlog: as of early May 2024, there were 42 new studies and 28 amendments to existing projects awaiting approval, according to state officials. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC an exemption to Bagley-Keene to allow for holding closed sessions in certain situations, such as to discuss, review, and approve research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, until January 1, 2027, to assist in an expedited review to address the backlog. This bill, among other things, seeks to extend that exemption until January 1, 2028.
- Double referral. This bill is double referred. Should it pass out of this Committee, it will be referred to the Senate Judiciary Committee.
- Prior legislation. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC’s current exemption to Bagley-Keene to allow for closed sessions in certain situations.
- Support. Veterans Exploring Treatment Solutions (VETS), as sponsor, and other supporters of this bill argue that eliminating unnecessary delays in research will accelerate the development of new and effective FDA-approved treatments for TBI, PTSD, treatment-resistant depression, generalized anxiety disorder, and substance use disorders. These conditions impact many vulnerable populations and drive rates of suicide in California, the third-largest veteran population in the U.S. (after Texas and Florida). VETS further states that while charities like theirs do as much as they can with scarce resources to turn the tide on veteran suicide, they simply cannot meet the growing demand from veterans for these treatments through private philanthropy alone. Ultimately, the only way to meet this demand is by expediting clinical research into psychedelics, accelerating the availability of FDA-approved psychedelic treatments in the U.S., and making them accessible through the Veterans Health Administration, currently serving 9 million enrolled veterans each year.
- Amendments. The author requests that the Committee approve the following amendments, which would be adopted coming out of committee:
- Clarify the criteria for the expedited review process, such that applications qualify for this process if they contain all elements required for a complete and timely research application submitted to the panel following its standard review process, and elements required for research conducted in the United States pursuant to federal law;
- Specify that if federal requirements for the approval of controlled substance research change in any material way, RAPC is required to promulgate emergency rules to adjust the foregoing requirements accordingly and permit RAPC to continue conducting the expedited reviews; and,
- Make other technical, clarifying changes.
SUPPORT AND OPPOSITION:
Support: Veterans Exploring Treatment Solutions (sponsor)
Biocom California
California Life Sciences Association
California Medical Association
California NORML
California Pharmacists Association
City and County of San Francisco
Compassionate Veterans
Courage California
Drug Policy Alliance
Heroic Hearts Project
Navy SEAL Foundation
Smart Justice California
The American Legion
Oppose: None received
-- END --
SENATE COMMITTEE ON HEALTH
Senator Caroline Menjivar, Chair
BILL NO: AB 1103
AUTHOR: | Ward | ||
VERSION: | June 3, 2025 | ||
HEARING DATE: | June 25, 2025 | ||
CONSULTANT: | Reyes Diaz | ||
SUBJECT: Controlled substances: research
SUMMARY:
Codifies processes for the review of research projects by the Research Advisory Panel of California (RAPC) in an expedited manner, and its general review of applications for research projects that do not meet the expedited criteria. Extends RAPC’s exemption that allows for holding closed sessions by one year, until January 1, 2028.
Existing law:
- Establishes RAPC as an independent panel to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. Permits RAPC to hold hearings and approve research projects, which have been registered by the California Attorney General (AG), concerning cannabis or hallucinogenic drugs, or the treatment of abuse of controlled substances in the state. Permits RAPC to withdraw approval of a research project at any time. [HSC §11480 and §11481]
- Permits persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use substances as are defined as controlled substances, upon approval for use of such controlled substances in bona fide research, instruction, or analysis by RAPC. [HSC §11213]
- Requires RAPC, annually and in a manner it determines, to report to the Legislature and the Governor those research projects it approved, the nature of each research project, and the conclusions of the research project, where available. [HSC §11480 and §11481]
- Establishes the Bagley-Keene Open Meeting Act (Bagley-Keene), which requires state bodies to conduct their business in open public meetings, with some exceptions, and establishes requirements and procedures for such meetings. [GOV §11120, et seq.]
- Prohibits Bagley-Keene from being construed to prevent various state bodies from holding closed sessions for specified purposes, including RAPC until January 1, 2027, to discuss, review, and approve research projects containing specified sensitive and confidential information, like trade secrets and/or intellectual property. [GOV §11126(c)(20)]
- Defines a “state body” as each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order;
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body;
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons; or,
- A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. [GOV §11121]
- Specifies that certain state agencies and other entities conducting specified duties do not fall within the meaning of “state body.” [GOV §11121.1]
This bill:
- Codifies RAPC’s expedited review process of applications, until January 1, 2028, for research projects as follows, with the review and criteria for expedited review to be published on RAPC’s website:
- Requires RAPC, in order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects;
- Requires RAPC to inform the AG of the head of the approved research projects that are entitled to receive quantities of cannabis;
- Permits RAPC to expedite the review of applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include such things as:
- Proof of independent peer review of the study for all research projects;
- A letter indicating federal approval for an investigational new drug, or a letter indicating federal agreement that the study may proceed, and a specified approval letter from an institutional review board for projects involving human subjects;
- Documentation that a required 30-day period allowing for federal response to a proposed project has occurred; and,
- Processes and required documentation for projects involving animal subjects.
- Codifies RAPC’s general review of applications for research projects that do not meet the expedited criteria.
- Requires RAPC, effective January 1, 2028 (after the expedited provisions in this bill sunset), to review research projects that would require the administration of Schedule I or Schedule II controlled substances to research subjects, and inform the California Attorney General (AG) of the head of the approved research projects that are entitled to receive specified quantities of cannabis.
- Provides a process for RAPC to withdraw approval of a research project for reasonable cause, requiring notice to the head of the research project within specified timeframes.
- Extends RAPC’s exemption, as described in 5) above of existing law, that allows for holding closed sessions by one year, until January 1, 2028.
- Exempts panel members assigned by the chairperson of RAPC, who conduct the expedited reviews, from the definition of “state body,” pursuant to 7) above of existing law.
- Revises and recasts the provision requiring RAPC to report to the Legislature and the Governor on all research projects so that it begins January 1, 2028, and includes the reporting element that tells whether a research project was approved under the expedited process, in addition to the information required in 3) above of existing law.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, the California Department of Justice (DOJ) states this bill has no fiscal impact.
PRIOR VOTES:
Assembly Floor: | 75 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Health Committee: | 16 - 0 |
COMMENTS:
- Author’s statement. According to the author, this bill would expedite state review and approval of federally-sanctioned drug trials and other clinical research projects that study the potential medical uses of Schedule I and II controlled substances conducted at California institutions. This includes clinical trials administering psychedelic compounds to treat opioid use disorders, other substance use disorders, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), major depressive disorder, generalized anxiety disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans and daily rates of suicide among Californians generally. According to a January 2025 report by the California Department of Public Health (CDPH) Office of Suicide Prevention, suicide is the leading cause of violent death in the state, and a major preventable public health concern in California that can have both immediate- and long-term emotional and economic impacts on individuals, families, and entire communities. As these clinical trials are prerequisites to developing new and more effective Food and Drug Administration (FDA)-approved treatments for these conditions, eliminating any and all unnecessary delays in commencing such clinical research in California will expedite the availability of these treatments, and save lives that could otherwise be lost due to effective treatments arriving too late.
- RAPC’s purpose and process. Research entities in California seeking to conduct projects concerning cannabis or hallucinogenic drugs, as well as other Schedule I and II controlled substances, must submit their research proposals to RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, CDPH, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the California Attorney General (AG). DOJ provides administrative and legal support to the RAPC whose work complements a regulatory approval process that includes Institutional Review Boards, the FDA, and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, Institutional Review Boards are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects. This bill, in part, codifies RAPC’s general review process, including the expedited review process by a subset of the group authorized to approve projects that meet all of the criteria and present no extraordinary circumstances.
- Bagley-Keene. Bagley-Keene applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
- Meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle notes that a group of more than 70 addiction researchers and advocates penned a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state’s capacity to respond to health crises tightly intertwined with homelessness. The Chronicle story states this extra regulatory step delays trials by five to ten months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC is supposed to meet bimonthly, but it has not held a meeting since August 2023. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose last year that it was supposed to fall under Bagley-Keene. The story states that holding those meetings in public raised alarm about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. Meetings ordinarily scheduled for every other month had been canceled since October 2023. The result was a ballooning backlog: as of early May 2024, there were 42 new studies and 28 amendments to existing projects awaiting approval, according to state officials. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC an exemption to Bagley-Keene to allow for holding closed sessions in certain situations, such as to discuss, review, and approve research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, until January 1, 2027, to assist in an expedited review to address the backlog. This bill, among other things, seeks to extend that exemption until January 1, 2028.
- Double referral. This bill is double referred. Should it pass out of this Committee, it will be referred to the Senate Judiciary Committee.
- Prior legislation. AB 2841 (Waldron, Chapter 156, Statutes of 2024) provided RAPC’s current exemption to Bagley-Keene to allow for closed sessions in certain situations.
- Support. Veterans Exploring Treatment Solutions (VETS), as sponsor, and other supporters of this bill argue that eliminating unnecessary delays in research will accelerate the development of new and effective FDA-approved treatments for TBI, PTSD, treatment-resistant depression, generalized anxiety disorder, and substance use disorders. These conditions impact many vulnerable populations and drive rates of suicide in California, the third-largest veteran population in the U.S. (after Texas and Florida). VETS further states that while charities like theirs do as much as they can with scarce resources to turn the tide on veteran suicide, they simply cannot meet the growing demand from veterans for these treatments through private philanthropy alone. Ultimately, the only way to meet this demand is by expediting clinical research into psychedelics, accelerating the availability of FDA-approved psychedelic treatments in the U.S., and making them accessible through the Veterans Health Administration, currently serving 9 million enrolled veterans each year.
- Amendments. The author requests that the Committee approve the following amendments, which would be adopted coming out of committee:
- Add criteria to the expedited review process, such that applications qualify for this process if they contain all elements required for a complete and timely research application submitted to the panel following its standard review process, and elements required for research conducted in the United States pursuant to federal law; and,
- Specify that if federal requirements for the approval of controlled substance research change in any material way, RAPC is required to promulgate emergency rules to adjust the foregoing requirements accordingly and permit RAPC to continue conducting the expedited reviews.
- Make other technical, clarifying changes.
SUPPORT AND OPPOSITION:
Support: Veterans Exploring Treatment Solutions (sponsor)
Biocom California
California Life Sciences Association
California Medical Association
California NORML
California Pharmacists Association
City and County of San Francisco
Compassionate Veterans
Courage California
Drug Policy Alliance
Heroic Hearts Project
Navy Seal Foundation
Smart Justice California
The American Legion
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1103
Author:(Ward)
As Amended Ver:May 1, 2025
Majority vote
SUMMARY
Authorizes, until January 1, 2028, the Research Advisory Panel (RAPC) to expedite review of projects that have sought or received certain federal approvals and have proof of independent peer review of the study. Authorizes the chairperson of RAPC to assign two or more panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel, and authorizes individual panel members to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of full panel meetings to conduct their individual reviews. Extends RAPC's existing exemption from the Bagley-Keene Open Meeting Act to January 1, 2028.
Major Provisions
COMMENTS
RAPC. Research entities seeking to conduct research projects concerning cannabis or hallucinogenic drugs in California must submit their research proposals to the RAPC prior to receiving a federal Drug Enforcement Agency (DEA) license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, the Department of Public Health, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the Attorney General (AG). The California Department of Justice (DOJ) provides administrative and legal support to the RAPC. RAPC's work complements a regulatory approval process that includes Institutional Review Boards (IRBs), the Food and Drug Administration (FDA), and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, IRBs are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects.
Bagley-Keene. The Bagley-Keene Open Meeting Act applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
RAPC meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle noted that a group of more than 70 leading addiction researchers and advocates sent a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state's capacity to respond to health crises tightly intertwined with homelessness. The San Francisco Chronicle story states this extra regulatory step delays trials by 5 to 10 months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC traditionally meets bimonthly, but it had not held a meeting from August 2023 to July 2024. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose that it was supposed to fall under Bagley-Keene. The story states that holding those meetings in public raised alarm about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. The result was a ballooning backlog which, according to the author's office, has been completely addressed after AB 2841 (Waldron), Chapter 156, Statutes of 2024, gave RAPC an exemption to Bagley-Keene in order to address one barrier to them meeting.
Scientific review of research proposals. Research proposals are reviewed by several entities before they are ultimately approved. The steps in this approval process can vary based on the subject of the research. Human subjects, animal subjects, and In-Vitro studies dealing with Schedule I and II controlled substances in California are all approved by their funder, the DEA, and RAPC at a minimum. Research on human subjects must also be approved by an IRB. In practice, all of these approvals and reviews happen before the proposal is reviewed by RAPC. Following RAPC approval, the study is then subject to continuous monitoring by the IRB, DEA, FDA, and RAPC.
FDA. For clinical drug trials, the FDA requires an Investigational New Drug (IND) application, which is a request for authorization from the FDA to administer an investigational drug or biological product to humans. The FDA defines a clinical investigation as any experiment in which a drug is administered or dispensed to, or used involving, one or more human subjects. An experiment is any use of a drug except for the use of a marketed drug in the course of medical practice. The sponsor is any person who takes responsibility for and initiates a clinical investigation. The sponsor may be an individual of a pharmaceutical company, government agency, academic institution, private organization, or other organization.
The FDA is responsible for reviewing the pre-clinical pharmacology and toxicology, chemistry and manufacturing, and previous human data (if available) under an IND application. The FDA has two primary objectives in reviewing an IND: 1) to assure the safety and rights of subjects in all phases of an investigation, and 2) to help assure that the quality of the scientific evaluation of the drug is adequate to permit an evaluation of the drug's effectiveness and safety in phases two and three studies.
DEA. For pharmaceutical controlled substances, the DEA's responsibility is twofold: to prevent diversion and abuse of these substances while ensuring an adequate and uninterrupted supply is available to meet the country's legitimate medical, scientific, and research needs. The DEA works closely with state and local authorities and other federal agencies to carry out this responsibility. According to the DEA, there are two separate categories for researcher registration which are based on controlled substance schedules: a schedule I researcher and a schedule II-V researcher. If a researcher wishes to conduct research in schedules I and schedules II-V, they must obtain two separate registrations. The DEA may require a state license to conduct research and/or a state controlled substance registration, if applicable, to be obtained before issuing a federal registration.
A schedule I research protocol must include the name, address, and DEA registration number of the investigator, as well as their institution or company and their qualifications. The protocol must also include the purpose of the research project, the controlled substances involved, including the amount needed (with justification) and the source, a detailed description of the research procedures, the dosages to be administered, the method of administration, the location of the study, a statement of security provisions for handling the substances, and a manufacturing or import statement.
IRB. According to the University of California (UC), IRBs are administrative committees designated to provide ethical and regulatory oversight of research that involves human subjects. IRBs exist to protect the rights, safety, and welfare of human subjects involved in research projects, consistent with ethical principles and federal, state, and local regulations. IRBs are enacted under federal regulation (Title 45, Code of Federal Regulations, Section 46) and are regulated by the Office for Human Research Protections within the U.S. Department of Health & Human Services.
Institutional Animal Care and Use Committee (IACUC). An IACUC is required by federal regulations for most institutions that use animals in research, teaching, and testing. The IACUC has a key oversight role, including the review and approval of animal use activities, and inspection of animal facilities. The principal investigator or instructor, and their staff, are responsible for understanding and following the regulations, as well as institutional policies, governing animal care and use. Members of each IACUC are appointed by the chief executive of the research facility, and must include at least one Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program responsibility for activities involving animals at the research facility, and at least one member not affiliated in any way with the facility other than as a member of the IACUC, to provide representation for general community interests in the proper care and treatment of animals.
According to the Author
This bill would expedite the AG's mandatory review and required approval of substance use disorder research and other clinical research projects to be conducted at California institutions, including clinical trials administering Schedule I and II psychedelics (as well as other hallucinogens and cannabis) to treat opioid use disorders, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans. Eliminating any and all unnecessary delays in commencing such clinical research in California will save lives.
Arguments in Support
Veterans Exploring Treatment Solutions (VETS) is sponsoring this bill and states in support that it will maintain the proper safety and oversight function of RAPC while eliminating statutory burdens that slow the ability of the panel to approve research. VETS applauds the commitment of individual RAPC panel members to facilitate life-saving research, but recognizes existing statutory requirements that slow the work of RAPC, slow the approval of research, and ultimately slow the development of life-saving treatments for veterans experiencing suicidality and other mental health conditions. VETS argues that we desperately need to accelerate the development of more effective treatments for service-related injuries and mental health conditions fueling the disproportionate incidence of suicide among veterans.
Smart Justice also supports this bill arguing it comes at a critical time when the Trump Administration is making cuts to Medicaid and other federal programs that will impact treatment programs in California for mental health and substance use disorder. California must treat addiction and mental health treatment as a public health emergency. Smart Justice argues that removing burdensome administrative barriers from the ability to commence clinical research in California will expedite new and more effective FDA-approved treatments that will save lives that might otherwise be lost due to effective treatments arriving too late.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, DOJ states this bill has no fiscal impact.
VOTES
ASM HEALTH: 16-0-0
YES: Bonta, Chen, Addis, Aguiar-Curry, Arambula, Carrillo, Flora, Mark González, Krell, Patel, Patterson, Celeste Rodriguez, Sanchez, Schiavo, Sharp-Collins, Stefani
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
UPDATED
VERSION: May 1, 2025
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0000418
Date of Hearing: May 14, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1103
Author:(Ward) – As Amended Ver:May 1, 2025
Policy Committee: | Health | Vote: | 16 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill recasts and revises provisions requiring the Research Advisory Panel (RAPC), which is administered by the Department of Justice (DOJ), to review research projects that administer Schedule I and Schedule II controlled substances to human or animal subjects.
The bill authorizes, until January 1, 2028, the RAPC to expedite review of projects that have received certain federal approvals and meet other specified criteria. This bill authorizes the executive officer of the RAPC to assign two or more panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel. The bill authorizes individual panel members to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of full panel meetings to conduct their individual reviews. The bill extends, until January 1, 2028, the RAPC’s authorization to hold closed sessions. The bill requires RAPC annually report on its activities to the Legislature and the Governor.
FISCAL EFFECT:
DOJ states this bill has no fiscal impact.
COMMENTS:
Purpose. Veterans Exploring Treatment Solutions (VETS) is the sponsor of this bill. According to the author:
[This bill] would expedite the Attorney General’s mandatory review and required approval of substance use disorder research and other clinical research projects to be conducted at California institutions. This includes clinical trials administering Schedule I and II psychedelics (as well as other hallucinogens and cannabis) to treat opioid use disorders, traumatic brain injury, post traumatic stress disorder and other mental health conditions fueling the disproportionate incidence of suicide among California veterans. As these clinical trials are prerequisites to developing new, more effective Food and Drug Administration (FDA)-approved treatments for these conditions, eliminating any and all unnecessary delays in commencing such clinical research in California will save lives.
Background. RAPC. Research entities seeking to conduct research projects concerning cannabis or hallucinogenic drugs in California must submit their research proposals to RAPC prior to receiving a federal Drug Enforcement Administration (DEA) license to use controlled substances in a research project. Such research entities may be affiliated with public or private research universities, private pharmaceutical companies, or drug manufacturers. RAPC evaluates the scientific validity of each proposed project. Members of RAPC are experts in their fields, appointed by the Governor, the Department of Public Health, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the Attorney General. DOJ provides administrative and legal support to the RAPC. RAPC’s work complements a regulatory approval process that includes institutional review boards (IRBs), the federal Food and Drug Administration (FDA), and DEA review of research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids.
RAPC Meetings Halted. The Los Angeles Times reported in May 2024 that RAPC had long met behind closed doors to make its decisions, but concerns arose last year that it was subject to the Bagley-Keene Act. The Bagley-Keene Act establishes requirements for open and closed meetings by government entities. The story states that holding those meetings in public raised alarm about exposing trade secrets and other sensitive information, so RAPC stopped meeting entirely. The result was a ballooning backlog which, according to the author’s office, has been completely addressed since AB 2841 (Waldron), Chapter 156, Statutes of 2024, gave RAPC a temporary exemption to the Bagley-Keene Act.
Since resuming meetings, RAPC has tested an expedited review, similar to the process proposed in this bill, for amended research applications. This bill seeks to codify an expedited process for review and approval of new research applications as well.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: April 29, 2025
ASSEMBLY COMMITTEE ON HEALTH
Mia Bonta, Chair
ABPCA Bill Id:AB 1103
Author:(Ward) – As Amended Ver:April 10, 2025
SUBJECT: Controlled substances: research.
SUMMARY: Requires the Research Advisory Panel (RAPC) to review research projects that administer Schedule I and Schedule II controlled substances to human research subjects and requires RAPC to prioritize and expedite the review of projects that have sought or received certain federal approvals and have proof of independent peer review of the study, which would include authority of the chairperson to assign two or more panel members to review the research project and to approve it, without a vote by the entire panel. Specifically, this bill:
- Requires RAPC to review research projects conducted in this state that require the administration of Schedule I and Schedule II controlled substances to human or animal research subjects.
- Requires RAPC to prioritize and expedite the review of project applications containing all of the following:
- For all research projects:
- Proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group; and,
- A Schedule I research registration issued by the United States Drug Enforcement Administration (DEA), an approval from the DEA for a research registration that is conditional on the approval of RAPC, or a copy of the application for a research registration submitted to the DEA.
- For projects with human subjects:
- If approval by the United States Food and Drug Administration (FDA) of an investigational new drug (IND) application is otherwise required by law, the application must include a letter from the FDA approving the application for an IND, a letter from the FDA indicating that the study may proceed, documentation that the 30-day statutory period for the FDA to respond to a project’s submission of an application for approval of an IND has expired, or a signed copy of FDA IND application; and,
- An approval letter from a federally chartered institutional review board (IRB) of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects.
- For projects with animal subjects: An approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.
- For all research projects:
- Requires applications for research projects that do not satisfy the expedited review criteria in 2) above to be reviewed pursuant to the standard review process and approved by a vote of the full panel. Requires the posting of the RAPC expedited review criteria and process on the RAPC website.
- Requires the Attorney General (AG) to continue to employ an executive officer of RAPC.
- Authorizes the RAPC chairperson, in consultation with the RAPC executive officer, to assign two or more RAPC members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting.
- Authorizes RAPC members to communicate and consult asynchronously with RAPC members with complementary core competencies outside of RAPC meetings in order to conduct their individual reviews and approvals.
- Limits RAPC’s current authority to withdraw approval of a research project to only circumstances in which RAPC has substantial concerns about the safety and well-being of human research subjects or substantial concerns that controlled substance research samples are being diverted. Requires RAPC to communicate written concerns in a notice of pending withdrawal to the head of a research project including a course of action to address the concerns and a reasonable period in which to cure, not less than 10 days prior to the effective date of the withdrawal. Requires approval to be reinstated if the concerns are addressed.
- Extends the current authorization of RAPC to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law, from January 1, 2027 to January 1, 2029. Makes Legislative findings about the need to limit public access to the meetings of RAPC.
EXISTING LAW:
- Establishes RAPC as an independent panel to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects. Permits RAPC to hold hearings and approve research projects, which have been registered by the AG, concerning cannabis or hallucinogenic drugs, or the treatment of abuse of controlled substances in the state. Permits RAPC to withdraw approval of a research project at any time. [Health & Safety Code (HSC) § 11480 and § 11481]
- Requires RAPC to annually, and in the manner determined by RAPC, report to the Legislature and the Governor those research projects approved by RAPC, the nature of each research project, and where available, the conclusions of the research project. [HSC § 11480]
- Permits people who are entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those substances upon approval by RAPC in bona fide research, instruction, or analysis. [HSC § 11213]
- Permits the AG, with the approval of RAPC, to authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research, and prohibits them from being compelled in any civil, criminal, administrative, legislative, or other proceedings to identify the individuals who are the subjects of research for which the authorization was obtained. [HSC § 11603]
- Permits the AG, with the approval of RAPC, to authorize the possession and distribution of controlled substances by persons engaged in research and exempts those persons from state prosecution for possession and distribution of controlled substances to the extent of the authorization. [HSC § 11604]
- Establishes the experimental subjects bill of rights. [HSC § 24172]
- Requires that experimental subjects provide their informed consent, voluntarily and freely given, prior to any medical experiment being undertaken. Defines informed consent to include, but not be limited to, being provided both verbally and in the written consent form, in nontechnical terms and in a language the subject is fluent in, a number of enumerated facts regarding the proposed experiment, which might influence the decision to undergo the experiment. [HSC § 24173]
- Exempts from state informed consent requirements any person who is conducting a medical experiment as an investigator within an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations. [HSC § 24178]
- Establishes the Bagley-Keene Open Meeting Act (Bagley-Keene), which requires state bodies to conduct their business in open public meetings, except as provided by Bagley-Keene, and establishes requirements and procedures for such meetings. [Government Code (GOV) § 11120, et seq.]
- Prohibits Bagley-Keene from being construed to prevent various state bodies from holding closed sessions for specified purposes. [GOV § 11126]
- Defines a “state body” as each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order;
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body;
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons; or,
- A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation. [GOV § 11121]
- Defines Schedule I-V drugs for the purposes of state law. [HSC § 11053, et seq.]
FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, this bill would expedite the AG’s mandatory review and required approval of substance use disorder research and other clinical research projects to be conducted at California institutions, including clinical trials administering Schedule I and II psychedelics (as well as other hallucinogens and cannabis) to treat opioid use disorders, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions fueling the disproportionate incidence of suicide among California veterans. The author states that eliminating any and all unnecessary delays in commencing such clinical research in California will save lives.
- BACKGROUND.
- RAPC. Research entities seeking to conduct research projects concerning cannabis or hallucinogenic drugs in California must submit their research proposals to the RAPC prior to receiving a DEA license to use controlled substances in a research project. These researchers are affiliated with public and private research universities, as well as private pharmaceutical companies and drug manufacturers. RAPC evaluates the scientific validity of each proposed project, and may reject proposals where the research is poorly conceived, would produce conclusions of little scientific value, or would not justify the exposure of human subjects in California to the risk of the proposed controlled substance exposure. Members of the panel are experts in their fields, and are appointed by the Governor, the Department of Public Health, the State Board of Pharmacy, the University of California, a statewide professional medical society, a private medical university, and the AG. The California Department of Justice (DOJ) provides administrative and legal support to the RAPC. RAPC’s work complements a regulatory approval process that includes IRBs, the FDA, and DEA review of controlled substance research studies using Schedule I and II controlled substances, or that involve new treatments for misuse of substances, such as fentanyl and other opioids. While the FDA and DEA are government institutions, IRBs are institutional entities registered with the FDA and charged with providing ethical oversight of research involving human subjects.
- Bagley-Keene. Bagley-Keene applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. Bagley-Keene covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from Bagley-Keene are social gatherings and conferences. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least ten days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
- RAPC meetings halt because of interpretation of Bagley-Keene. A January 2024 article in the San Francisco Chronicle noted that a group of more than 70 leading addiction researchers and advocates sent a letter to Governor Newsom, California AG Rob Bonta, and state lawmakers requesting a dissolution of RAPC, which they called a nonviable obstruction to essential research and public health activities in California. The letter argued the cost of the RAPC delays is immense, entirely unique to California, and limiting the state’s capacity to respond to health crises tightly intertwined with homelessness. The San Francisco Chronicle story states this extra regulatory step delays trials by five to 10 months, costing taxpayers hundreds of thousands of dollars and leading some study funders to abandon California entirely. RAPC traditionally meets bimonthly, but it had not held a meeting from August 2023 to July 2024. A story in the Los Angeles Times in May 2024 stated that RAPC had long met behind closed doors to make its decisions, but concerns arose last year that it was supposed to fall under Bagley-Keene. The story states that holding those meetings in public raised alarm about exposing trade secrets and other sensitive information, so RAPC stopped meeting at all. The result was a ballooning backlog which, according to the author’s office, has been completely addressed after AB 2841 (Waldron), Chapter 156, Statutes of 2024, gave RAPC an exemption to Bagley-Keene in order to address one barrier to them meeting.
- Scientific review of research proposals. Research proposals are reviewed by several entities before they are ultimately approved. The steps in this approval process can vary based on the subject of the research. Human subjects, animal subjects, and In-Vitro studies dealing with Schedule I and II controlled substances in California are all approved their funder, the DEA, and RAPC at a minimum. Research on human subjects must also be approved by an IRB. In practice, all of these approvals and reviews happen before the proposal is reviewed by RAPC. Following RAPC approval, the study is then subject to continuous monitoring by the IRB, DEA, FDA, and RAPC.
- FDA. For clinical drug trials, the FDA requires an IND application, which is a request for authorization from the FDA to administer an investigational drug or biological product to humans. The FDA defines a clinical investigation as any experiment in which a drug is administered or dispensed to, or used involving, one or more human subjects. An experiment is any use of a drug except for the use of a marketed drug in the course of medical practice. The sponsor is any person who takes responsibility for and initiates a clinical investigation. The sponsor may be an individual of a pharmaceutical company, government agency, academic institution, private organization, or other organization.
The FDA is responsible for reviewing the pre-clinical pharmacology and toxicology, chemistry and manufacturing, and previous human data (if available) under an IND application. The FDA has two primary objectives in reviewing an IND: 1) To assure the safety and rights of subjects in all phases of an investigation, and 2) to help assure that the quality of the scientific evaluation of the drug is adequate to permit an evaluation of the drug's effectiveness and safety in phases two and three studies.
- DEA. For pharmaceutical controlled substances, the DEA’s responsibility is twofold: to prevent diversion and abuse of these substances while ensuring an adequate and uninterrupted supply is available to meet the country’s legitimate medical, scientific, and research needs. The DEA works closely with state and local authorities and other federal agencies to carry out this responsibility. According to the DEA, there are two separate categories for researcher registration which are based on controlled substance schedules: a schedule I researcher and a schedule II-V researcher. If a researcher wishes to conduct research in schedules I and schedules II-V, they must obtain two separate registrations. The DEA may require a state license to conduct research and/or a state controlled substance registration, if applicable, to be obtained before issuing a federal registration.
A schedule I research protocol must include the name, address, and DEA registration number of the investigator, as well as their institution or company and their qualifications. The protocol must also include the purpose of the research project, the controlled substances involved, including the amount needed (with justification) and the source, a detailed description of the research procedures, the dosages to be administered, the method of administration, the location of the study, a statement of security provisions for handling the substances, and a manufacturing or import statement.
- IRB. According to the University of California (UC), IRBs are administrative committees designated to provide ethical and regulatory oversight of research that involves human subjects. IRBs exist to protect the rights, safety, and welfare of human subjects involved in research projects, consistent with ethical principles and federal, state, and local regulations. IRBs are enacted under federal regulation (45 CFR 46) and are regulated by the Office for Human Research Protections within the U.S. Department of Health & Human Services.
- IACUC. An IACUC is required by federal regulations for most institutions that use animals in research, teaching, and testing. The IACUC has a key oversight role, including the review and approval of animal use activities, and inspection of animal facilities. The principal investigator or instructor, and their staff, are responsible for understanding and following the regulations, as well as institutional policies, governing animal care and use. Members of each IACUC are appointed by the chief executive of the research facility, and must include at least one Doctor of Veterinary Medicine, with training or experience in laboratory animal science and medicine, who has direct or delegated program responsibility for activities involving animals at the research facility, and at least one member not affiliated in any way with the facility other than as a member of the IACUC, to provide representation for general community interests in the proper care and treatment of animals.
- SUPPORT. Veterans Exploring Treatment Solutions (VETS) is sponsoring this bill and states in support that it will maintain the proper safety and oversight function of RAPC while eliminating statutory burdens that slow the ability of the panel to approve research. VETS applauds the commitment of individual RAPC panel members to facilitate life-saving research, but recognizes existing statutory requirements that slow the work of RAPC, slow the approval of research, and ultimately slow the development of life-saving treatments for veterans experiencing suicidality and other mental health conditions. VETS argues that we desperately need to accelerate the development of more effective treatments for service-related injuries and mental health conditions fueling the disproportionate incidence of suicide among veterans.
Smart Justice also supports this bill arguing it comes at a critical time when the Trump Administration is making cuts to Medicaid and other federal programs that will impact treatment programs in California for mental health and substance use disorder. California must treat addiction and mental health treatment as a public health emergency. Smart Justice argues that removing burdensome administrative barriers from the ability to commence clinical research in California will expedite new and more effective FDA-approved treatments that will save lives that might otherwise be lost due to effective treatments arriving too late.
- PREVIOUS LEGISLATION. AB 2841 (Waldron), Chapter 156, Statutes of 2024, authorizes RAPC, until January 1, 2027, to meet in closed session for the purpose of discussing, reviewing, and approving research projects that require the sharing of trade secrets, potential intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
- POLICY COMMENT. Last year the Legislature granted a temporary exemption from Bagley-Keene to allow RAPC to resume meetings and address a backlog of research applications. Since resuming meetings, RAPC has tested an expedited review, similar to the process proposed in this bill, for amended research applications. This bill seeks to codify an expedited process for review and approval of new research applications as well. While this process may streamline and improve the operations of RAPC, it may not address the broader concern raised by researchers in 2023 about the continued utility of RAPC. However, without RAPC as an additional layer of approval, research approved in the state may disproportionately reflect federal priorities and policy goals, rather than those of California. Should this bill move forward, the author should continue discussions with research institutions regarding the practical implementation of the expedited review from the researcher perspective.
- AMENDMENTS. The committee may wish to amend this bill to shorten the proposed Bagley-Keene exemption extension by one year to 2028 and repeal the expedited review process on the same date to allow the Legislature to reassess RAPC in two years. The committee may also wish to clarify that RAPC can continue to withdraw approval of an application for reasonable cause, but the panel must provide researchers with notice of their concerns and an opportunity to address them, and to clarify that RAPC may reinstate approval upon these concerns being addressed, but is not required to reinstate approval. Finally, the committee may wish to make a corresponding change to HSC § 11480.5 to extend the sunset date to January 1, 2028 to match the Bagely-Keene exemption extension.
REGISTERED SUPPORT / OPPOSITION:
Support
Veterans Exploring Treatment Solutions (Sponsor)
Biocom California
Navy Seal Foundation
Smart Justice California, a Project of Tides Advocacy
The American Legion
Opposition
None on file
Analysis Prepared by: Logan Hess / HEALTH / (916) 319-2097
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
6MIN
Senate Standing Committee on Judiciary
10MIN
Senate Standing Committee on Health
1MIN
Assembly Floor
10MIN
Assembly Standing Committee on Health
Bill Author
Bill Co-Author(s):