September 10, 2010

Medical Cannabis Task Force
Legal Committee
City Hall Room 421
Minutes from September 10, 2010
Time: 10:10 am


Patrick started the meeting
Note: 25 minute delay - meeting door locked

Housekeeping items:

Notice went out late to non-task force members. Now all committee member e-mails received.
Creating nice, smooth process regarding notification of meetings.

Question: Friday before task force meeting is timing for our meeting? 2nd Friday? y/n. Yes.

Role Call: All here except Dean on his way and Michelle out of State.

Round the Table Introduction of names.

Public Comment: Meetings to keep open to public; publicize and remember patient priority

Agenda (see e-mail)

Note Action Items: Theresa Cooper nominated/voted Secretary.
Shona mentioned that Randy can also assist as committee secretary.

DISCUSSION
Cultivation committee members in this group and to discuss regulation. Discussion regarding Oakland, Napa, Mendocino and couple others. How to be in compliance with state law. How to approach and look at what has been done so far.

NOTE OK to video record public meeting discussed; community process and government.

Mendocino County brief synopsis. Shona mentioned to pass to Matt Cohen who helped work on it – ordinance on table. Situation now turned around. Sheriff enforcement and training 3rd party inspection and prevent black market. They will pass another ordinance this year.

Shona mentioned having a registry for our city; some form of exemption / protections because of community that is disabled, PG&E working with individuals. Avoid permitting fees for patient grows.

Public Comment

Costs of permitting (business/individual) concerns how to ensure medical community receives medicine w/o excessive expenses.

Patrick this is brainstorm cultivation committee will address.

SF opportunity to create model (looking at other jurisdictions) can follow the good work in Mendocino County. Comments that Oakland's process is not for San Francisco.

Agenda Item for next week per Patrick to discuss models in other counties and how to proceed in SF.

Stephanie commented: questions re public Mendo. Cultivators protected, private process, and Feds can do whatever they want. You either choose to do it or not. Stand tall if you do it.

Distinctions Feds. avoiding raids and having a process with law enforcement especially for cultivators protections.

Mendo list Sheriff has. Federal agent task force warrant must go to Sheriff duly deputized agent, narcotics agent.

Comment: Be in communication “no more good old boy connections/conversations” now a process-foot in the door.

Randy comment: collective dispensary or individual patients – land use 25 plants per parcel or go thru sheriffs. 99 plants. Be on a list/protection. SF address patient grower do it differently. Reduce PG&E bill by working with them. Protect individual patient's growing rights.

“public nuisance” more than 25 plants.

Comment lawyer St. Pierre: Mendo is rural area More stringent zoning in SF.

Patrick commented Create new use MCD “medical cannabis” to think about it

Shona mentioned Health Dept. not law enforcement. List patient cultivators. Sheriff Hennessy, talk with him. Spoke with Campos. Start discussion like Mendo/Sheriff Almond.

Divinity comment: 1 Indiv. 2 dispensary 3 others (How to group)

Patrick mentioned the amount of energy consumed/expensive on grid. Awareness.

Comment: as market evolves indoor too expensive.

Divinity comment: mentioned greenhouses for medical grades.

Need for future city/county cultivator regulations and legal framework

Mendo grown
Stephanie said thank you Matt
now Mendo Trade Assn.

PUBLIC COMMENT

Light spectrums discussed for indoor

Patrick spoke about Registry regarding permit process. To do quick before Oakland process
Divinity mentioned many waiting for prop 19 results.

Patrick and Divinity to discuss off line.

Comment

insurance for growers. liability insurance. no crop or ag insurance

Patrick ended discussion

AGENDA 6 MCD DELIVERY SVC

letter – larry kesler public health document. Task force asked for DPH state of play re delivery services. Permitted service. Their interpretation can automatic call delivery Green Cross only. Delivery only service.

Patrick and Dan Sider spoke with larry re zoning admin.
Patrick: If delivery – how to do it? no clear answer.

Open call center location permitted location? depending on activities. do proximity limits apply? directed to talk to planning (Dan-getting house in order)

past zoning admin removed earlier (fall out) sudden. Dan to have written policy and doc by mid-Oct. “proximity call center”

Dept. of Health applies, yes.
SF Community – amendments to regulations to make clear.
Yes per Martin- per process now – difficulty and unfair

Shona – delivery service (only 1) mayor's office interested – openings – definition of MCD. Look to re-define. See definition. To brainstorm, option idea, ethical issues. Where we can address delivery issues.

Reality – retail location, admin ofc, garage (inclusion of)
compliant to same issues (qty, etc)

Randy comment: separate description for delivery system. Keep separate, not defined as MCD.

Discussion Delivery only – no not same hurdles or delivery attached to MCD, yes. Need different regulation per lawyer St. Pierre. Comment: more than 10 it is a dispensary.

Martin comment: don't live in city and dont' have to follow law

Stephanie comment: separate use for delivery, likes Shona's idea re define MCD, yes regulate, huge loop hole, member records, sales, tax jurisdiction.

Matt comment: Northstone Organics Mendo. Tax Co-o legal counsel – way complicated re jurisdiction licenses and taxes

Matt comment: Taxation/Fuel/Audits abide by state law (ABC? not under 19 regulation)

Patrick AB 2650 regulation re proximity requirements – stating 600 feet not pre-existing ordan.

Randy: Tax yes, BOA issue, taxed for other medicines, effects.

Patrick: If passes urge BOE tax adult no medicine.

Lawyer valid?
Martin – delivery service – dispensaries, lots of hoops, why not if from another county/what to do county

Mike do things the right way important regulate process enforcement

re taxes , if adult use prop 19 passes – get board of supervisors to rid taxes on medicinal use, compassion use act.

store front or delivery – create new section. How we have authorization to regulate out of town delivery. Large providers vs. small ones.

Patrick: state level tax rate – total jurisdiction will not change

Mike: Request see board of supervisors to address

Lawyer mentioned Bart Tax – jurisdiction

Shona suggested that Matt craft language. Thanks Betty Yee ?s Ally asked can we review (tax out med. use) she support in revisiting and has brought up

Stephanie: identity what we have now - state delivery, people in/outside SF
Matt: invite to share best practices. Self regulate.

Many forms of delivery to address re regulations and loopholes

Tax district, quickbooks linked, extract

PATIENT COMMENT delivery cost efficient no store front (decent profit)

Martin funds services city members – concept of this our patients' money not coming back to SF – What benefits are you giving patients.

PUBLIC COMMENT Hector: 10 or more should get a permit

Matt comment: Courier license (intra-state) no taxes, hire delivery service, City cannot do anything about it.

Patient wants less cost

Shona: give to community. Patient services valuable
Matt exception – tone of excellence contributions, organically grown vegs, they donate.

Raymond limits A grade
Matt 1 oz $265 - $150
20% ssi, vets, seniors, gen. asst
greenhouse or outside
price coming down


PUBLIC COMMENT
John Martinelli, compassionate chef, catalyst for medicinal edibles. Please don't tax (more than a certain amount), no retail, allow to contribute already given out 7,400 brownies.

Patrick: asked about frequency of meeting – move to meet more regularly
mentioned 4 unexcused 2 year term (cause to be removed) doesn't want that

Bylaws legislation to follow

enough people to participate
work between meetings
politics/drafting
longer meetings instead of more per ERIC
every 10 days per Patrick
2 per month per Stephanie vs. 3

Shona mentioned attorneys drafting docs to pls copy all members

Hand out Shona “Know your rights” and to post on website re law enforcement encounters and constitutional rights.