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D.5
To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: May  8, 2018
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Recommendations for a Cannabis Health Ordinance

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   05/08/2018
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

Contact: Dan Peddycord, 925-313-6712
cc: Tasha Scott     Marcy Wilhelm     Josh Sullivan    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     May  8, 2018
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ACCEPT report on Health Services Department staff recommendations on the establishment of local health regulations for commercial cannabis activities.  
  

DIRECT the Health Services Department to prepare a health ordinance to regulate commercial cannabis activities consistent with staff recommendations.

FISCAL IMPACT:

The impact on the County General Fund is anticipated to be minimal if regulatory and inspection fees are adopted to offset the true cost of implementation and enforcement of local health regulations.  




FISCAL IMPACT: (CONT'D)
  
However, Contra Costa Health Services anticipates some cost related to physical and behavioral health needs as the use of cannabis becomes more prevalent with subsequent increase in related injury, health impacts and substance misuse. Contra Costa Health Services also anticipates an increase in demand and related cost for reports on population and youth health impacts following the legalization of adult use cannabis.

BACKGROUND:

On April 24, 2018, the Board of Supervisors accepted the staff report from the Department of Conservation and Development and approved the final draft of a framework for regulating cannabis in the unincorporated areas of the County. Staff was directed to prepare a land use ordinance based on the framework and subsequent discussion. Additionally the Board directed that Contra Costa Health Services provide a report to the Board, at the May 8, 2018 Board meeting to consider recommendations related to the drafting of a Health Ordinance for the purpose of further regulating the commercial cannabis industry in the unincorporated areas of the County.  
  
On November 17th, 2017, the Preliminary Framework for regulating cannabis was presented to the Board of Supervisors as a consent item following conversation and direction given at the October 24th Board meeting.  
  
On October 24, 2017, the Board of Supervisors received a report on considerations related to cannabis taxation as well as an update and proposed framework applying local land use and other policy considerations for the regulation of the commercial cannabis industry. On that date, the Board also adopted an ordinance which prohibited the establishment of any commercial cannabis activity, both medicinal and recreational, in the unincorporated jurisdiction of the County.  
  
On July 18, 2017, the Board of Supervisors received a report on local policy and regulatory considerations in the wake of voter approved Proposition 64 (Prop 64), which legalized adult recreational use of marijuana. During this presentation information was provided that highlighted some of the health concerns related the use of cannabis.   
  
Of particular interest to Contra Costa Health Services is the ability to locally regulate the manufacture and retail sale of cannabis and consumer products which contain cannabis. Adopting a local health ordinance will also allow County staff to inspect, regulate and enforce appropriate state and local laws pertaining to the cannabis industry.   
  
In light of the newness of regulating the commercial cannabis industry and the evolving landscape of cannabis regulation, Contra Costa Health Services recommends a cautionary approach to local regulation that emphasizes protections for consumers, the public, and at-risk groups such as youth and individuals challenged with substance use disorders.

CONSEQUENCE OF NEGATIVE ACTION:

Failure to accept the report and consider recommendations as the drafting of a local Cannabis Health Ordinance may delay information the Board has requested and may delay the development of the Ordinance.

CHILDREN'S IMPACT STATEMENT:

The use of cannabis by youth has been documented to impact both cognitive and behavioral development. Development of a local Cannabis Health Ordinance is, in part, intended to help provide additional protections for youth and sensitive populations. Adoption of a local Ordinance would support the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School;” “Families that are Safe, Stable, and Nurturing;” and “Communities that are Safe and Provide a High Quality of Life for Children and Families.” Primarily in that the recommendations for the Ordinance reflect proposals to prohibit products and flavors that are appealing to youth and recommend specific warnings.  

CLERK'S ADDENDUM

Speakers: Yanwiei Leng, CCC Coalition Against Recreational Marijuana; Mae Leng, Rose Garden Oncore Homeowners Association; Arya Campbell, resident of El Sobrante; Patty Hoyt, ADAPT San Ramon Valley; Mikki Norris, Cannabis Consumers Campaign; Chris Conrad, Friends of Prop 64; Jaime Rich, ADAPT Lamorinda; Reneee Lee, Rossmoor Medical Marijuana Club; Jiyun Xu, resident of Moraga.

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