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Commission permits 350 Devisidero medical cannabis cooperative but bars on-site smoking and sets 10 p.m. closing

San Francisco Planning Commission · September 27, 2007
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Summary

The Planning Commission took discretionary review of the San Francisco Patients Cooperative at 350 Devisidero, approving operation but prohibiting on‑site smoking under the 1,000‑foot school buffer and imposing a 10 p.m. closing time; staff will continue to examine variance options and required ventilation if smoking were later allowed.

San Francisco — The Planning Commission granted discretionary review for the San Francisco Patients Cooperative at 350 Devisidero but prohibited on-site smoking and imposed a 10 p.m. closing time after staff raised a planning-code restriction that generally bars smoking at medical cannabis dispensaries within 1,000 feet of a school.

Planning staff reported the cooperative has operated at the site since 1999 and provides harm-reduction services, support groups and patient assistance. Staff also noted the center sits just inside the 1,000-foot buffer measured to a school property and that the Planning Code’s 1,000-foot rule would preclude on-site smoking unless a legal variance or alternative interpretation is approved.

Representatives of the cooperative and many patients described the site as a community center where on-site medicating, including smoking, is integral to harm-reduction programs and service delivery for low- and no‑income patients who lack safe places to medicate at home. “On-site medicating was and remains a vital part of our harm reduction process,” a cooperative speaker told commissioners.

Several neighbors and local business owners opposed on-site smoking and said the cooperative’s operations had at times led to loitering, informal street smoking, or parking impacts. Members of the public acknowledged volunteer-managed programs and community services but urged stricter hours and enforcement of conditions.

After discussion, the Commission took discretionary review, approved the cooperative’s operation, and attached conditions that prohibit smoking on-site and require the cooperative to close at 10 p.m.; the Commission asked staff to return with any legal interpretation or variance options if the cooperative seeks to restore on-site smoking and requested that building-department review ensure appropriate ventilation if smoking were later allowed.

What’s next: The cooperative must comply with the no‑smoking condition and earlier CU conditions; staff will work with the City Attorney and DBI on ventilation and any variance process the cooperative pursues.