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Board updates city 'ban the box' protections to include convictions for noncommercial cannabis use
Summary
The Board passed on first reading an ordinance expanding the city's ban‑the‑box rules to bar employers and housing providers from asking about or relying on convictions for noncommercial use and cultivation of cannabis, aligning local law with state Assembly Bill 1008 and establishing outreach and enforcement steps.
The San Francisco Board of Supervisors on March 20, 2018 passed an ordinance on first reading updating the city’s “ban the box” rules to prohibit employers and housing providers from inquiring about, requiring disclosure of, or basing decisions on convictions for noncommercial marijuana use and cultivation.
Supervisor Cohen, sponsor of the ordinance and joined by Supervisor Kim as a co‑sponsor, said the change brings the city into conformity with recent state law and is intended to reduce barriers to employment and housing for people with conviction histories. "This ordinance updates our city's Ban the Box ordinance and brings us into conformity with the state language," Cohen said during remarks recorded in the meeting.
The board discussed implementation steps recommended during committee: an outreach plan by the Office of Labor Standards and Enforcement that focuses on smaller employers (those employing about 5 to 20 workers), hard‑copy multilingual mailings in English, Spanish, Chinese and Tagalog, an email notice to businesses registered with the Treasurer‑Tax Collector, and a webinar for employers.
The measure retains a private right of action and penalties authorized in the ordinance. Supervisor Cohen cited the State Department of Fair Employment and Housing in describing the state law’s process as an extension of existing discrimination categories.
Why it matters: Expanding ban‑the‑box to include convictions for decriminalized cannabis acts creates ongoing legal protections for applicants and tenants and aligns San Francisco’s ordinance with Assembly Bill 1008, which the sponsor said should be treated as a category of discrimination under state enforcement processes.
Next steps: The ordinance passed unanimously on first reading; departments will carry out the described outreach and the ordinance will return for any required next steps in the legislative process.
