MINUTES
Friday, June 17, 2011 at 9:00 a.m.
City Hall, 1 Dr. Carlton B. Goodlett Place, Rooms 400 and 416
San Francisco, California
1. Call to order and roll call
The meeting was called to order by Task Force Chair Stephanie Tucker at 9:04 a.m.
Present:
Stephanie Tucker -- Chair
Stewart Rhoads – Vice Chair
David Goldman
Shona Gochenaur
Mary Schroeder
Raymond Gamley
Martin Olive
Kevin Reed
Sarah Shrader
Patrick Goggin
Albert Blais
Erich Pearson
Michelle Aldrich
Maureen Burns
2. Approval of Minutes of June 10, 2011 meeting
There were no public comments. Minutes were approved.
3. Approval of Agenda for June 17, 2011 meeting
Discussion was held, public comments were made, and the following were approved:
• Add an item to establish a goal of having the annual report to the Board of Supervisors, placed after General Public Comments.
• Add a discussion item regarding Medical Cannabis Task Force conduct of sensitive information, placed before the cultivation committee report.
• Add announcement and appointment to the cultivation committee, placed before the cultivation committee report.
4. Public Comments
No general public comments were made.
5. Establish a goal of having the annual report to the Board of Supervisors
Discussion was held, public comments were heard. The task force approved to establish a deadline for the annual report to the Board of Supervisors for August 31, 2011.
6. Updates and discussions on production of annual report to BOS.
Review, updates, and discussion held on 2011Annual Report to Board of Supervisor assignments.
Review local medical cannabis related laws, and make recommendation for changes to the Board of Supervisors and applicable department. Task Force Power and Duty 1.c.
1. Ministerial Correction(s) to the Medical Cannabis Act
Lead committee is the Legal Committee, Lead member David Owen has worked and produced a document but had not submitted the material. Patrick Goggin to follow up with David Owen for the July meeting.
2. Exemption from permit requirements for certain on-profit social services entities
Item placed on hold, to be discussed with item #4.
3. Provision(s) for Out-of-City/County Delivery Services
Caren Woodson presented a report from the Legal Committee concerning unregulated delivery services. Discussion was held, public comments were made. The task force approved the following:
a. The following recommended items will be included in the annual report to the Board of Supervisors:
i. Resolution currently before the Task Force waiting for action.
ii. Require DPH and SF City Attorney to send letter to violators to come into compliance with San Francisco laws and seek permits in accordance with Article 33.
iii. Request a letter from the City Attorney via DPH about authority to regulate out-of-county services.
iv. Require licensed Medical Cannabis Dispensaries to include their permit number on all advertising.
v. Encourage the Board of Supervisors to draft regulation specific to out of town delivery services.
b. The following items to be sent to the Legal Committee for further vetting:
i. New legislation related to section 3304.5, Out of County Medical Cannabis Dispensaries, of the Medical Cannabis Act
ii. Require that out-of-town services locate and rent office space in the green zone and apply for MCD permit with the “delivery only” stipulation.
iii. Encourage DPH or BOS to figure out a reciprocity plan with other jurisdictions when and if DPH determines that regulations from another jurisdiction are similar enough to our own MCA.
iv. New legislation to require regulation like taxi cab services.
Recess taken.
4. (Combining sections #2 and #4) Exempt from permit requirements for certain non-profit social services entities and Compassion
Shona Gochenhaur presented draft document “Caregiver Collective Facility.” The document will be sent to the Legal Committee, after being further worked on by the subcommittee under the Patient Advocacy Committee.
Discussion held on draft compassionate care program findings from testimony heard from patient advocates, submitted by Shona Gochenhaur. Sarah Shrader and Shona Gochenhaur to work further on suggested solutions on compassionate care programs.
Recess taken at noon. Meeting resumed at 1:01p.m., room 416. Absent: Mary Schroder, Erich Pearson
Public comments were made. Vote taken and approved to include compassionate care patient testimonies be in the annual report and “Caregiver Collective Facility” will be sent to the Legal Committee.
Develop and make recommendations to the Board of Supervisors and applicable departments regarding the cultivation of medical cannabis, particularly in residential dwellings, that may violate the City’s planning code or applicable San Francisco or California building code requirements. Task Force Duty 1.g.
1. Residential dwellings
Patrick Goggin presented background information on document from Cultivation Committee and reviewed by Legal Committee: Cultivation Committee recommended removing “25% square footage limitation.” Legal Committee recommends the “25% square footage limitation” and “City issued permits require landlord notification” be included in Task Force recommendations. Chad Connors reported for the Cultivation Committee. Discussions by Task Force members held. Public comments were made. The Task Force approved the following to be included in the annual report to the Board of Supervisors:
After much deliberation and Task Force hearings where testimony was provided by the Departments of Building Inspection, Planning and Public Health, the Task Force recommends the Board of Supervisors support and make available to the general public the Home Garden Safety Guidelines (see Exhibit A) issued by the Task Force rather than adopt a new ordinance regarding cultivation. All departments prioritized public safety as the City’s overriding concern. We share that as our top concern and, therefore, offer the following guidelines.
(Similar verbiage to Berkeley’s Measure JJ to be inserted here.)
RESIDENTIAL – All medical cannabis cultivation in residences shall be maintained by qualified medical cannabis patients and/or primary caregivers, one of which must dwell in the residence. The plant numbers in each residence shall comply with the limitations found in San Francisco Health Code Section 3202(a), namely 24 plants, or up to 25 square feet of garden canopy, per patient. At no point shall an accessory use of the home exceed 25% of residential square footage according to planning code section 204.1 and 204.2. All electrical, building, plumbing and ventilation alterations shall comply with San Francisco Building and Planning Codes. To determine whether an alteration requires a permit, the medical cannabis patient or primary caregiver shall refer to San Francisco Building and Planning Codes and/ or consult with Building Department’s Chief Electrical and Plumbing/ Ventilation Inspectors. All alterations that require city issued permits require landlord notification.
2. Home Gardens
Discussion was held. Public comments made. Voted and approved the document, “Recommendations for Cultivation Best Practices in Home Gardens,” with modifications made to strike out two words, “commercial” and “heavy,” in the first paragraph under the section “Neighborhood Codes of Conduct,” and adding “All alterations that require city issued permits require landlord notification.” As the second bullet point under the section “Building, Electrical, Construction – Best Practices.”
Review local medical cannabis related laws, and make recommendation for changes to the Board of Supervisors and applicable department. Task Force Power and Duty 1.c.
7. Amendments regarding Edibles and Processed Products
Michelle Aldrich reviewed the recommendations for the annual report by the Edibles Subcommittee of the Cultivation Committee. Discussion held. Modifications of verbiage were suggested. Public comments were made. Voted and approved to have Martin Olive make the suggested changes and send to the Legal Committee for review.
8. Amendments regarding Advertising
Stephanie Tucker presented recommendations from the Outreach Committee on changes to Article 33 Sections 3308, subsections (n) and (o). Discussion was held, public comments made, and the task force approved the following recommendations be made to Article 33 Sections 3308, subsections (n) and (o):
v. Exclude front size requirements
vi. Add requirement that all San Francisco permitted Medical Cannabis Dispensaries list their permit number in all advertisements, with the verbiage: “All print and electronic advertisements for medical cannabis dispensaries, including but not limited to flyers, general advertising signs, and newspaper and magazine advertisements, shall include their San Francisco Department of Public Health issued Permit Number, and the following language: "Only individuals with legally recognized Medical Cannabis Identification Cards or a verifiable, written recommendation from a physician for medical cannabis may obtain cannabis from a SF DPH permitted medical cannabis dispensary."
vii. Add “from a DPH permitted” prior to “medical cannabis dispensary” to the language in both subsections (n) and (o).
Develop and make recommendations to the Board of Supervisors and applicable departments regarding the taxation of medical cannabis lawfully dispensed or cultivated in the City and County. Task Force Duty 1.h.
1. Kevin Reed presented a proposal concerning the taxation of medical cannabis. Discussion was held, no public comments were made, and the task force approved with modifications to the recommendation as:
“Because medical cannabis dispensaries are required to operate on a not-for-profit basis under the Attorney General’s guidelines, any increase in taxes must be passed on to patients. A tax on medical cannabis is a tax on patients. The SFMCTF urges the City and County of San Francisco to oppose excessive taxes that are designed to raise revenue, but it does not oppose low-impact fee structures designed to offset administrative costs.”
7. Adjournment
Meeting adjourned at 3:10 p.m.
Minutes taken by Carol Lei
