Board adds equity and medical-patient reporting to Office of Cannabis ordinance

The San Francisco Board of Supervisors on Tuesday approved, on first reading, an ordinance to create an Office of Cannabis and added amendments requiring two reports analyzing equity and patient needs.

Supervisors approved an amendment directing the new office'director, in consultation with the Human Rights Commission and the city Controller, to submit by Nov. 1, 2017 a report "analyzing disparities in the cannabis industry based on race, income, economic status, gender, disability, sexual orientation, gender identity, and/or HIV/AIDS status" and to recommend policy options to promote equitable ownership and employment opportunities. The amendment also requires a separate report analyzing the needs of medical cannabis patients and recommending steps to "preserve affordable and/or free access to medical cannabis patients," among other protections.

Why it matters: The city is setting rules for a newly legal industry that is expected to bring tax revenue and jobs while seeking to repair harms from past drug enforcement. Supervisors said the reports will advise how tax revenue and permitting should be used to expand opportunities for communities disproportionately impacted by enforcement and to protect patients who rely on cannabis for medical purposes.

Supervisor Sheehy moved the equity and patient-report amendments and Supervisor Cohen seconded. Supervisors voted to adopt the amendments and, on the duplicated file as amended, approved the ordinance on first reading without objection. During debate, Supervisor Sheehy asked that the equity language explicitly prioritize people "who have been previously arrested or convicted for drug-related offenses," and the board incorporated that language into the amendment.

Supervisor Feuer praised the equity approach, saying she had worked with the city attorney to draft measures "that will address the need to put a strong equity lens on the creation of the new Office of Cannabis." Supervisor Cohen pressed city administrators for clarity on who will staff the new office and how the director, manager and analyst positions will be filled; she said the city should ensure the office "reflect our city values and be as equally diverse as we'd like to see the industry." Deputy City Attorney John Givner confirmed the board may provide scope direction for the reports but also noted the director would have some discretion if the board did not specify a geographic focus.

The ordinance, as amended, passed unanimously on first reading. The amendments direct two reports due Nov. 1, 2017: an equity analysis and an analysis of medical-patient needs and protections. The board also discussed linking the new office's work to the Human Rights Commission and to budget and hiring decisions for the office's director, manager and analyst.

Looking ahead: The ordinance goes back for further readings; the board and city departments said they will continue to refine staffing, scope and the equity measures while the state finalizes rules for adult-use cannabis.