On May 18, 2021, Contra Costa Health Services and the Department of Conservation and Development provided a report to the Board of Supervisors regarding the emerging cannabis industry and the current permitting of commercial cannabis activities in Contra Costa County. The Health Services update included information specific to the current prohibition on the sale and delivery of electronic smoking devices and related cannabis products under the County’s Commercial Cannabis Health Permit Ordinance (Chapter 413-3 of the County Ordinance Code) and similar prohibitions on the sale of electronic smoking devices and related tobacco products under the County’s Secondhand Smoke and Tobacco Product Control Ordinance (Division 445 of the County Ordinance Code).
During the May 18, 2021 report, the Board of Supervisors asked for additional information on several issues, including the status of cannabis product safety review conducted by the State, and directed staff to return with an update.
The attached staff report responds to the questions asked by the Board and provides updated information. Additionally, sections V. and VI. of the staff report provide the following policy options and considerations based on the questions raised by Board members at the May 18, 2021 meeting.
V. Policy options for the Board related to the prohibition on the sale and delivery of cannabis electronic smoking devices, e-liquids, and related flavored products
- Option 1 (Public Health staff recommended option)
Maintain the current prohibition on the sale and delivery of cannabis electronic smoking devices and cannabis e-liquids.
- Currently, the sale or delivery of any e-liquid that contains tetrahydrocannabinol or any other cannabinoid, or any electronic smoking device that can be used to deliver tetrahydrocannabinol or any other cannabinoid in aerosolized or vaporized form, is prohibited. The sale or delivery of flavored cannabis products for which the primary use is human inhalation by smoking or vaping (i.e., non-edibles) is also prohibited.
Direct staff to prepare an ordinance that allows the sale and delivery of all cannabis electronic smoking devices and cannabis e-liquids, except flavored cannabis vaping products.
- This option would maintain the prohibition on the sale or delivery of flavored cannabis products for which the primary use is human inhalation by smoking or vaping (i.e., non-edibles), limiting these products to those derived entirely from the raw cannabis plant and containing no added flavors.
- Maintaining the prohibition on flavored cannabis vaping products is consistent with efforts to reduce impacts to, and incidences of addiction in, children.
Direct staff to prepare an ordinance that allows the sale and delivery of all cannabis electronic smoking devices and cannabis e-liquids, including flavored cannabis vaping products.
Direct staff to prepare an ordinance that allows the sale and delivery of medicinal cannabis electronic smoking devices and cannabis e-liquids but prohibits the sale and delivery of adult-use recreational cannabis vaping products.
- The amended ordinance would need to distinguish between medicinal and adult-use recreational cannabis products, which the current ordinance does not.
VI. Additional Considerations
Direct staff to further investigate and report back on state and national regulations and product manufacturing standards for electronic smoking devices and e-liquids.
Direct staff to seek additional resources that would: 1) allow quarterly inspections of retail cannabis establishments in the unincorporated county to identify product that is not consistent with state or local policy, seeking to remove such product from the retail environment. 2) provide adequate staffing and expertise to track and advise on health-related policy and programmatic activity related to the cannabis and to work with City jurisdictions on seeking to create an alignment of local policy approach across those jurisdictions.
Consider requesting that the Department of Cannabis Control develop a more comprehensive premarket review process before product is approved for the consumer market.
Failure to accept this report may delay providing the information requested by the Board and subsequently hinder ongoing considerations related to amendments to Cannabis Health Ordinance intended to help protect youth from the influences of the commercial cannabis industry in the unincorporated areas of the County.
The use of cannabis by youth has been documented to impact both cognitive and behavioral development. The Commercial Cannabis Health Permit Ordinance is, in part, intended to help provide additional protections for youth and sensitive populations. The Ordinance supports 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 Ordinance reflects actions to prohibit products and flavors that are appealing to youth and recommends specific warnings.
Speakers: Resident District 5; Amaya Widdin; Jacqueline, West Contra Costa Alcohol Policy Coalition; Lauri Volin, M.D.; Joan, Alcohol and Other Drugs Prevention Program; Isaiah Walker, Pittsburg YACHT (Youth Advocating Change in Tobacco); Araj Sarush; Logan AOD Advisory Board; Kent Sack, M.D.; Noah; Andy; Shamika Boyles, Pride in Purchase; Brian Mitchell, Shrine Group; John Havercorn; Dr. Raymond Shimizi.
ACCEPTED the staff report on the County’s Commercial Cannabis Health Permit Ordinance and the current prohibition on the sale of electronic smoking devices and flavored cartridges (e-juices); CHOSE Option 1 as outlined in the Board Order to maintain the current prohibition on the sale and delivery of cannabis electronic smoking devices and cannabis e-liquids.