April 1, 2011

Minutes as Amended

LEGAL COMMITTEE MEETING

Friday, April 1, 2011 at 10:00 a.m.
City Hall
1 Dr. Carlton B. Goodlett Place, Room 421
San Francisco, California

1. Call to order and roll call

Patrick Goggin [Chair], David Goldman, David Owen,
Raymond Gamley, Derek St. Pierre, Stewart Rhodes,
Stephanie Tucker, Theresa Lynn Cooper, Christine Wagner[ Mtg chair]
Shona Gochenhur, Michael Goldman
Michelle Aldrich, Dean Holter

P. Goggin and R. Gamley not present
Quorum not reached until 10:20 am, meeting started
D. Holter and D. Owen arrived at 11:00 am

Kevin Reed in attendance, wants to join Legal Committee.

2. Approval of Minutes of January, February & March Committee meetings (5 minutes*)

a. Public Comment

Jan & Feb meeting minutes not ready. March minutes adopted with amendments. Brief discussion regarding secretarial duties. Derek acting secretary for this meeting.

3. Approval of Agenda (5 minutes*)

a. Public Comment

Approved with addition of 8(a), general public comment at end of meeting with reduction of time for item 4.

4. Public Comment (10 minutes*)

Some concern expressed by public regarding lack of action from Board of Supervisors and city agencies to items discussed by MCTF.

5. Updates re: progress on Annual Report assignments (30 minutes*) [Discussion Item]

1. Ministerial Changes: David Owen, not present so item deferred

2. Out of County Delivery: no working group discussions yet
Christine: pulling together spreadsheet with comparative county info
Kevin: will coordinate meeting for next week

3. Cultivation in Residences: forwarded to cultivation committee
4. Timelines for Committees: May 1 is deadline for committee responses and recommendations

5. Review Process: Committee chair is responsible for delegating or reviewing items forwarded and then presenting to committee

- Suggest that all committee chairs are responsible for these actions

[Unanimous vote for Review Process and suggest to other committees similar structure]

6. Proposed website content review (20 minutes*) [Discussion item]

Request to move to Public Outreach Committee
[Vote: 6 in favor, no opposition, DSP abstained]

7. MCA definition of MCD (30 minutes*) [Discussion]
Item present by Shona G., info packet and Article 33 distributed to committee
Shona:
-concern regarding 10 patient qualifier
-MCD is a retail location requiring sellers permit, a social services agency should not have same process as MCD
Steph T.: question about 10 or more qualifier and concern about using “retail”
word. Consider compassionate use facility or something separate.

Michael G.: Board of Equalization collects sales tax from MCDs and it should be defined based on that issue. Number of people does not matter.

David O: Original legislation was aimed at controlling larger groups of people.

Christine: Interested if someone can write legislative history of current rules.

Derek: Expressed concern of practical ability to pass changes considering current political climate.

David G: Agrees that intro of legislation could be Pandora’s box.

Michael G: Believes we have affirmative obligation to present concerns to Board of Supes.

Michelle A: Bring info to Outreach Committee to continue discussions.

Motion to identify issues of concern:

The Legal Committee recognizes the following issues or concerns with the current SF medical cannabis regulations:
a. Need for oversight of unregulated delivery services
b. Social Services should have a separate registration process
c. Land use/zoning issues need revision due to Letter of Determination abuse potential
Vote: 8 in favor, 2 oppose [S. Tucker & D. Owen]

Some subsequent discussion regarding whether out of town delivery to SF should with Article 33.

8. Proposed Agenda Items (5 minutes*) [Discussion Item]
- delivery regulation
- state law review of pending legislation
- discussion re: new secretary

8(a) Public Comment General (5 Min)
-Kevin Reed expressed concern with Christine moving meeting to close prior to vote on delivery issue.

Motion to extend time for meeting 10 minutes by D. Goldman.
Vote: 8 in favor, 2 abstain [C. Wagner & DSP]

Discussion regarding requiring any collective or coop delivering in SF to comply with Article 33 until it is changed.

Kevin: Lack of regulation creates unfair advantage against those complying with by rules.

Derek: Expressed concern how we would attempt to regulate out of county business addresses or have DPH inspect them.
Motion: Legal committee urges the MCTF to urge the Board of Supervisors to urge city departments to enforce the requirements of Article 33 until/unless it is changed.

Vote: 9 in favor, 2 abstain [C. Wagner & DSP]

9. Adjournment – meeting concluded at 12:25pm