SUPERVISOR ANDERSON TO INTRODUCE CANNABIS SAFETY MEASURES JUNE 15, LAUNCHES PETITION DRIVE

By Miriam Raftery

June 8, 2022 (San Diego) – Supervisor Joel Anderson plans to introduce 16 measures at the June 15 Board of Supervisors meeting, which he hopes to have included in the County’s Cannabis Permitting Program. He is also asking constituents to sign a petition in support.

“Although I have never supported the legalization of cannabis, California voters made their voice heard when Proposition 64 was passed in 2016,” says Anderson. “In that spirit, I have worked to ensure that legal recreational cannabis is implemented safely and in a manner that does not disproportionally impact our underserved unincorporated communities.”

He adds, “As many constituents have told me, it is paramount to broaden the discussion surrounding cannabis facilities and its impact on our children and communities.”

Anderson says the proposed measures aim to enhance residents’ safety, improve the character and vibrancy of communities, and develop a youth cannabis prevention curriculum.

The actions come as the board majority moves toward legalizing cannabis sales and other cannabis activities in the unincorporated areas of the county. Besides amending the framework for legal cannabis businesses, Anderson also seeks a funding commitment to crack down on illegal cannabis operations that have been linked to crime issues in East County, unlike licensed and regulated dispensaries in local cities that have legalized such uses.

Specifically, the measures would: 

1. Expand the definition of “sensitive” uses to include the following (as defined by the General Plan and/or Zoning Ordinance that can also be further refined by staff): a) parks, b) places of worship, c) childcare centers, d) public libraries, e) residential care facilities, f) schools, g) other cannabis facilities.

2. Increase the setback of any cannabis facility from “sensitive” land uses from 600 feet to 1,000 feet (measured at the property line).

3. Expand existing County billboard regulations to prohibit advertising of cannabis on a billboard within 1,000 feet of a “sensitive” use.

4. For each type of cannabis facility, develop a ministerial objective design guideline checklist, similar to existing design guidelines in unincorporated communities, that will generally serve to detract those under 21 from seeking to visit the facility.

5. Propose options for each community planning area that includes a limit on each type of cannabis facility based on the following criteria (including criteria set forth within Measure 1), along with a cumulative limit on indoor consumption lounges in the unincorporated area: a) Geographic and population size of each community, b) Facility type related to land use designations and zoning, c) Consider previous Board direction related to VMT and sustainability.

6. Develop a definition for a “cannabis event” and provide guidance that could include geographic restrictions and limit frequency of cannabis events that could include consideration of VMT, noise compatibility, and road safety.

7. Provide options to enhance restrictions set forth within State law (California Code of Regulations, Title 4, Section 15017) to include the same requirements set forth by the Alcohol Beverage Control (ABC) licensing process.

8. Determine the legality and return to the Board with options of prohibiting, limiting, or restricting employment using the same criteria set forth by the ABC licensing process.

9. Establish a Community Equity Contribution Program, to be funded by the County, that will be integrated within the Socially Equitable Cannabis Program. This would include a report with data-driven recommendations combined with a community-led input process to determine the needs of each unique community. The Program should explore the potential of permit fee waivers or other incentives that will instead provide direct benefits to the community where these facilities and operations will be located.

10. With the Code Compliance division of PDS leading the effort, develop recommendations to combat the illicit cannabis market and public safety concerns, in consultation with Sheriff and other regional law enforcement stakeholders, that would include (but not limited to): a) Parameters on deliveries (must come from a facility with a valid license and building, geographical restrictions, and limits on hours of deliveries), b) Enhanced enforcement options (shoulder tap/minor decoy), c) Other possible restrictions related to onsite consumption lounges, temporary cannabis events, and cultivation practices.

11. Explore how to incentivize local ownership of cannabis facilities and explore guidelines on the transfer of business licenses.

12. Determine exposure-related health risks to workers at indoor consumption lounges, and, if protective measures are necessary, create requirements that shall be followed through licensing requirements.

13. Determine if code enforcement penalties can be specific to cannabis facilities, and if so, develop a set of criteria that will result in possible penalties for cannabis facilities that have documented code violations that escalate quickly if not actively resolved.

14. Work collaboratively with research partners engaged through the Marijuana Prevention Initiative to develop recommendations that include a comprehensive, evidence-based marijuana prevention curriculum to be available for schools throughout the San Diego region.

15. The curriculum should also include, but not be limited to, the following: a) Require education to cannabis retail staff not to provide medical advice, b) Conduct education with public health nurses, school nurses, and programs serving pregnant women about the adverse impacts of marijuana use, c) Require warning signs in cannabis shops about contraindications and negative health impacts when using cannabis with prescribed medications, d) Establish a framework for updating educational materials as medical research documented within medical journals progresses.

16. Develop a Board Policy that includes minimum funding requirements for code and law enforcement against illegal dispensaries.