Board approves ordinance enabling temporary cannabis consumption permits for events after heated debate

The Board of Supervisors voted on March 12 to pass on first reading an ordinance authorizing the Office of Cannabis to issue permits for on-site cannabis sales and consumption at certain events and to allow temporary waivers of local no‑smoking rules for permitted events.

The ordinance was the most-discussed regular-agenda item of the day. Supporters said permitting would create a regulated, safer pathway for consumption at a small, pilot set of events that already see widespread unregulated use; opponents and public‑health advocates warned that allowing cannabis consumption by smoking would require, under state law, permitting tobacco smoking as well, reversing long-standing local protections against secondhand smoke.

Why it mattered: The ordinance would create a local permitting pathway — including an enforcement framework for licensed sellers — for consumption at events the Office of Cannabis identified as part of a pilot (about seven events). An unsuccessful board amendment would have removed a provision allowing temporary waivers of the city's no‑smoking rules; the failure of that amendment left the potential to permit smoking (and therefore, per state law, tobacco smoking) at permitted events.

Key points from debate

- Sponsor and intent: Supervisor Norman Yee called out District 5’s 4/20 event as a focus; Supervisor Aaron Peskin and others emphasized public safety and the need to avoid unregulated street sales. Sponsor Supervisor Brown framed the ordinance as a way to make large events safer and to avoid illicit vendors.

- State-law linkage: Deputy City Attorney John Givner told the board that state Health and Safety Code section 11362.382 links cannabis and tobacco smoking: if the city creates permits that allow cannabis smoking in places where tobacco smoking is otherwise prohibited, the city would have to also allow tobacco smoking. "I don't believe we could write this ordinance in a way that would allow, smoking of cannabis, but not allow smoking of tobacco," Givner said.

- Department operations: Eugene Hillsman, acting director of the Office of Cannabis, said the pilot pool would cover about seven events (he named several including 4/20, Outside Lands, Pride, Carnival and others) and described compartmentalized, separate premises for smoking areas consistent with state regulations. He said the Office would work with Public Health to develop consumption frameworks used for retailers and that the Office planned on-site oversight during pilot events.

Votes and motions

- Amendment to strike the temporary-waiver language (moved by Supervisor Marr, withdrawn/reshaped into a motion to remove waiver provisions; seconded by Supervisor Safaie) failed: 2 ayes (Marr, Safaie), 9 noes (Stephanie, Walton, Yi, Brown, Feuer, Haney, Mandelmann, Peskin, Ronan).

- Final vote on the ordinance (first reading): 9 ayes; 2 noes (Supervisor Safaie and Supervisor Marr). With that result the ordinance passed on first reading and will return for further consideration and final reading.

Representative quotes

- Deputy City Attorney John Givner: "If you create a permit that allows cannabis smoking, then we also must allow tobacco smoking. We could allow cannabis consumption other than smoking without allowing, other types of consumption."

- Eugene Hillsman, acting director, Office of Cannabis: "The state regulations do require a separate and distinct premises for a smoking area ... We would work with our partners at the Department of Public Health to develop a framework for providing consumption permits."

Ending and next steps

Because the ordinance passed first reading, it will return to the board for final consideration on a later date; public-health stakeholders and supervisors signaled plans to seek additional language or reporting requirements to limit exposure or restrict permitted forms of consumption if the board proceeds to final adoption.