HomeMy WebLinkAbout2/20/2018 Item 13, Rowley
Meeting Date: February 20, 2018
SUBJECT: Overview of Proposed Draft Cannabis Regulations
Dear Mayor Harmon and Members of the Council,
Residents for Quality Neighborhoods appreciates the opportunity to participate in this Study Session.
We hope you will include the following in your discussions and consideration.
Do we need 3 retail stores; do we need any retail stores?
San Luis Obispo is currently a destination location for alcohol consumption as evidenced by the number
of alcohol outlets successfully doing business here. Although voters in the city were in favor of
allowing recreational use of cannabis (Prop 64), can we assume that also meant they were in favor of
San Luis Obispo becoming a destination location for cannabis purchase and use? Also, if history is any
indicator, retail within 300 feet of a neighborhood would create or exacerbate the parking situation
and, with the accompanying traffic and noise, damage residential quality of life.
Why isn’t delivery sufficient to accommodate current need and future growth?
What training will be provided to those who sell/deliver cannabis products?
Both high school and college students have been known to possess fake identification. Will we require
training be provided to all employees before they are permitted to interact with the public so they can
identify fake identification?
How will we prevent children from getting/consuming cannabis - especially consumables?
Lollipops and other candies, cookies and brownies are attractive to children. The fact that packaging is
to be child-resistant is not much comfort given the definition.
Definition: Senate Bill 94 amended Section 26001 of the Business and Professions Code to add the following
definition: (j) “Child resistant” means designed or constructed to be significantly difficult for children under five years
of age to open, and not difficult for normal adults to use properly.
How do we prevent cannabis products from being left in parks and school yards?
We know from experience that some individuals gather in city parks, vacant land and SLCUSD property
to party. Some of these individuals are not always careful about picking up after themselves. With the
potential of edibles being left behind, child safety becomes a concern.
Are we protecting all of our residential neighborhoods/areas?
In the past few years we have included a residential aspect to projects that are not located in
residential zones. By specifying a “proposed buffer of 200 feet from residential zones” does this deny
the protection of a buffer to individuals and families who reside in mixed-use projects? Should we
instead adopt the term used in the Emergency Regulations, i.e., “Residential area.”
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What is an appropriate distance from residential zones/areas?
A distance of 200 feet is the equivalent of four houses, each having the standard 50-foot frontage.
Even 300 feet is the equivalent of only six houses away from a cannabis business. While researching
this aspect we were unable to find a document from the state that specified less than 600 feet and,
unlike the distance from schools and day care, no exceptions were provided.
- The Bureau of Marijuana Control, Initial Statement of Reasons defined “residential area” as
“an area that is within 600 feet of any single-family or multifamily residence, other than commercial
hotels, motels and similar establishments for temporary lodging. This definition is necessary to
delineate the scope of area qualified as residential area. This definition is an amalgamation of local
ordinances and Section 11362.768 of the Health and Safety Code. This is necessary for public safety
and to ensure consistency with other rules related to regulated substances.”
- Subsequently, in December 2017, the Bureau of Cannabis Control issued Emergency Regulations.
Under Section 5000. Definitions, it read, “(n) “Residential area” is an area that is within 600 feet of any
single-family or multifamily residence, other than commercial hotels, motels and similar
establishments for temporary lodging.”
- We were unable to find a later publication that reduced the distance to 300 feet.
Final Comments.
1. Children attend school about 6 hours a day, Monday through Friday. While they are there, they are
generally supervised the entire time - either in class , on the playground or while participating in
athletics. The remainder of the day and on the weekend they are at home. It seems illogical that we
are contemplating allowing cannabis businesses to be so close to residential areas. If anything it would
seem prudent to keep them as far away from residential areas as possible.
2. In regard to cannabis licensing, etc., Senate Bill 94 and Section 26011.5 of the Business and
Professions Code states, “The protection of the public shall be the highest priority for all licensing
authorities in exercising licensing, regulatory, and disciplinary functions under this division. Whenever
the protection of the public is inconsistent with other interests sought to be promoted, the protection
of the public shall be paramount.”
Sincerely,
Sandra Rowley
RQN Chairperson
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