Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Medical Cannabis topic
No spam. Unsubscribe anytime.
Board of Appeals adopts amended findings, upholds revocation of Taraval dispensary permit
Summary
The San Francisco Board of Appeals adopted amended findings on Feb. 9, 2011, removing a public‑safety paragraph tied to a police letter and upholding prior revocation of a permit for a proposed medical cannabis dispensary at 2139 Taraval Street after extensive public comment about patient access and police evidence.
The San Francisco Board of Appeals on Feb. 9 adopted amended findings related to a contested medical cannabis dispensary proposed for 2139 Taraval Street, removing a paragraph that had said dispensaries “may attract violent criminals” and relying instead on evidence submitted at the hearing.
Attorney Derek St. Pierre, representing permit holder Greg Shepp and Bay Area Compassionate Health, urged the Board to consider patient access on the western edge of the city and questioned reliance on a letter from Captain Denise Schmidt of the police department. "Those are not based on statistics," St. Pierre said of the letter and asked the Board to reopen the record for analysis.
Members of the public and patient advocates told the Board the Sunset neighborhood needs local access to medicine. "I can't imagine people in the Sunset having to travel an hour and a half to get their medicine," said patient Denise Dorey during public comment. Advocates and patients described delivery and convenience as critical to disabled and elderly residents.
Opponents and other commenters raised concerns about public safety and submitted a letter from Police Commissioner Petra de Jesus questioning the evidentiary basis for Captain Schmidt's statements. Ed Breslin read that letter into the record and urged the Board to require crime statistics specific to dispensaries rather than area-wide data.
After deliberation about the wording of the draft findings, Commissioner Frank Fung moved to adopt the findings with the deletion of paragraph f (the public‑safety assertion tied to Captain Schmidt's letter) and revisions to paragraph h to cite testimony and evidence submitted in the case. The Board adopted the amended findings by roll call, 5-0.
The Board's action implemented its earlier decision to revoke the permit and clarified that the finding related to alleged increased crime would not rest solely on the cited police letter. The amended findings state that the Board's conclusions are based on evidence submitted at the hearing and in the case file.
The Board did not reopen the record for new evidence at the meeting; its ruling adopts amended findings as described. The case record will reflect the adopted language and the rationale discussed at the Feb. 9 hearing.
