Clerk please silence cell phones and electronic devices. All documents should be submitted to the clerk. Items will be appear on the november 28th supervisors board agenda unless otherwise stated. Before we begin, i want to give focus to the conversation clerk may i read the first item. Item one, administrative business tax regulation, health and police code to regulate commercial activities related to cultivated testing sale and delivery of medical and adult use cannibis. I. For those here last week, we continued this item. This is not the beginning as this is not the end of the conversation moving this legislation forward but theres still going to be both in the land use and on the rules side, theres going to be continuing conversation over the next year. I think the goal that were trying to achieve is to move the process forward to be prepared by january 1st to begin to have adult use along with medical use cannibis in san francisco. To focus the conversation, i know supervisor jeff sheehy has joined us with amendments. We havent spent a lot of time talking about delivery in this committee and in general as the conversation has moved forward. I know we have 30 cannibis permits that are brick and mortar and about 16 that are delivery only. We havent spent a lot of time talking about delivery and the delivery process. I know there are those in the audience who have experience with delivery. Theres been the conversation about not predictable delivery but essentially internet based and working with brick and mortars. I want to have conversation about that. Theres been concerns and ideas brought forward and then i want to talk about the idea of moving from the process of being mcd and having a temporary permit to operate as in adult use. Lets start there. One of the things i want to make sure and supervisor sheehy has amendments but i want to start with this part of the conversation. Weve had some conversations about this. Essentially the idea is that existing operators have a Good Neighbor policy. They have an existing management and security plan and the way it has worked in the past, management security plan has been submitted to the department of Public Health and reviewed by the area Police Captain and those plans were approved. I want to ensure that in this process to transition to adult use, the management and security plan along with the Good Neighbor policy will have to be resubmitted and reviewed by your office and approved by your office and reviewed by the Police Captain and our offices, meaning the supervisors can weigh in and review in the process and consultation with you. Does it say that . To your question, currently the legislation page 88 says it has to under article 17 of the police code, this is amendment into article 33. So this would be for the department of Public Health to enforce until that retailer holds an article 16 permit. So thats not currently reflected in the legislation supervisor. Would that be an amendment. John gibbner. I think this is amendment youre suggesting to the to article 16 if im not mistaken. That would not be subsensitive, you could make the amendment tomorrow and pass it on First Reading tomorrow. Well do that. What were trying to do deputy City Attorney pearson essentially is there currently is a process they have to submit all existing mcds have to submit a management and security plan and Good Neighbor policy. Thats something theyre familiar with. We want the plan to be resubmitted as part of the temporary permitting process so that the Police Captain would have the opportunity to review that, along with the department of Public Health as well . Or just the Police Captain and your office. Under the existing language on page 88 it would be the department of Public Health enforcement. I would defer to the City Attorneys if you could include my office. I want the office of cannibis to have that review. Were trying to shift a lot of the responsibility to the office, right . We want them to be the ones to review the final management and security plan. My question is, are you recommending a process that is similar to the permitting of alcohol licences where it comes to a committee, it goes through, we have a formal report on it. Not necessarily. There is review. Not in terms of having it go to the Public Service and neighborhood safety. This is more of on the administrative side, were having it be the process where the office of cannibis and essentially what im reiterating, the process currently happens, the Police Captain in the past has given recommendations or reviewed the management security plan, so thats not anything new. And the Good Neighbor policy is something that theyre familiar with, thats not new. What would be new is that the office of cannibis, because we created this new office will have the authority to approve that plan in consultation with our offices along with input from the Police Captain. I think thats important because there have been really good actors out there currently and theres ones that have some room to grow. So we want this to be based on a merit system on terms of how theyre operating and give them something to look forward to in terms of improving overall. So we have this plan in place and still there are some bad actors who have fallen through the cracks. It seems you would have to address enforcement. Thats why the final approval would be with this office and so in consultation with the Police Department along with the members of the board. And i think that that im getting looks from you guys. Excuse me so youre speaking about new permits that might be permitted. But renewal of permits then would also be evaluated whether or not they have adhered to the Management Plan and whether or not they have abided by the Management Plan and so for review process of these places, which i think in your district quite frankly, they fell through the loop hole. How does you close that loophole. Thats a good question. The other thing, i know that even the temporary permits, theres the ability to appeal temporary permit from the neighbors and discretionary review. Oh, thats the final permit. Okay. Some supervisors have put in the additional layer of review or proposed that. Deputy City Attorney pearson. Maybe i can say a couple of words about the amendment last week with respect to medical dispensaries and ability to sell adult use on january 1st. The amendment last week would amend article 33 of the health code that currently regulates these businesses and it amends it to allow them to start selling medical use cannibis under the article. They would not apply for temporary permit. It would be immediate expansion of the existing permit. We can amend the amendment to include some of the additional language you have talked about today, to say that that expansion can happen on the condition that they also submit for review by the Police Department and office of cannibis a Good Neighbor policy and management and security plan. And a security plan. We could do that, it would be helpful to know if you want them to be able to operate while the plans are being reviewed or they need to submit them and have them reviewed while they operate. I think for the good operators it will be easy. I think for the ones with work to do, i think there will be a review period. No, i dont think its the will of the body to handout permits without some level of review. Okay. I think that would slow down the process quite frankly for dispensaries to switch to adult use. We are nearing december. Right. Lets hear what miss elliot has to say. Were talking about 30 dispensaries and i know supervisor sheehy had ideas for permit. Do you think it would slow things down tremendously . Or for good operators it would be pretty pro forma. These are plans they have in place, im not trying to create a log jam. I have heard from other supervisors they want a level of review and not temporary permits just handed out without something being submitted. I think then yes miss elliot you could give us a timeline since the supervisor is recommending it would go through your office for approval and what your timeline is and what it might look like, if there would be a log jam or delay the permitting. I think its the ball is sort of in your court and also Public Health. Were asking them to review it, too. And the Police Department. Outside of reviewing the security plans is the registration process of the non retail delivery side to get the operations inspected and getting ready for temporary permits as well. I cant say because i have never reviewed that security plan. I havent reviewed a Good Neighborhood policy in coordination with operators and supervisors, however we have published quite a bit in the last two months, so lets just keep plowing forward. I know your name was on the do you want to add something supervisor yee . Im trying to clarify in my head what were talking about. I never had these discussions. So basically, are you offering amendments talking as if its in here and were arguing about it. But what are we really talking about. Are you amending something . Or you want to add language to something . So at the last no, im talking about adding it. At the last meeting we had a conversation regarding this process of transition from temporary to i mean from mcd to adult use, there were clarifying questions asked on the record last week. Versus this being an administrative process or writing it into the legislation, thats where we are right now. Theres a reference to the Good Neighborhood plan and the process has been in the past for this to happen, i want to see if we can make an amendment that wouldnt slow the legislation down but to clarify how we move from into the temporary adult use process. And then, its you mentioned that City Attorney gibbner that this is not substance and we could make the amendment either today or tomorrow. You should make it tomorrow if you plan to make it. Well take direction from you today if its the will of the committee or any individual member, we can draft it for tomorrow. That would be helpful for me. I dont know what im really voting on in this case. I can ask him to draft it and you can review it. That would make me more comfortable. Okay. The question i have about it, once you go through the process to a law for existing mcds to adult use, is that what were doing . Okay. This review process deems a particular Retail Business that they have not been doing what theyre supposed to do. Is there is there an appeal process to this or is it just final word so i was not clear on that myself and i just asked that question. What they said is the way it is currently written they is who . The deputy City Attorneys. Sorry. Just a lot of moving pieces very quickly on this. What they said is currently the way it is written, there is no appeal of review, this would just be affectual. I think if were ready, by december 1st, the office of cannibis could start issuing cannibis retail permits for the existing mcds and delivery businesses. What i was trying to say is there should be some level of this type of review, for the good actors i think would be pretty easy but for the ones that have work to do it would slow them down a little bit. What im saying, i understand the review process that youre suggesting, but at some point it seems like miss elliot is going to make a decision on her own to say yes or no and then which is giving her a lot of power. You dont have a condition right now, just you . There is no commission. If theres disagreement between one person and one business, is that it . I dont know the answer to that. I mean, if theres i think that the way that a lot of the administrative process works for the office of cannibis, there would be formalized approval of terms of an application. So this is a piece of that. Were talking about pieces of an application. This is the application for temporary, so if they have met that in satisfaction of that office, then that would happen. But there are certain things i think this is some discretionary review for sure, thats why i said in consultation with supervisors and input from the Police Captain. Thats the practice in the past. I will add that article 16 permits that create permanent use for adult use for that operator is appealable to the board of appeals. Okay. That clarifies everything. Thank you very much. Supervisor sheehy did you want to talk about i want to know the piece of existing businesses, its not like something is going to happen, people are still going in every day and purchasing cannibis. So its not like were introducing a new business, were just adding a use. And then if youre looking for where this is, its on page i think probably going in on page 88 there is a process and im assuming adding some things. Yeah. Particularly the management of security plan because i know theres varying degrees of ways in which businesses are securing themselves. Some have armed guards, some dont, some have bars ton windows, some dont. Theres all types of things like that. So i think it would be good to have a level of review in the transition. You want to have a second look before yes. Yeah. The Decision Maker would be the office of cannibis, but when you say supervisor, i assume youre eluding to the supervisor of the district. District. And the captain, which will know if there are disputes. That seems reasonable. For instance for our district, we have in engelside we have three in district 11 and i dont know how many are on the border of district nine. Thats the other part. I dont think theres anything on the southern part and the 1 on ocean avenue. I know in the past they are familiar with mcds. I want to be Crystal Clear. When the City Attorney shakes her head it makes me nervous. The decision of my office to review and approve a security plan and Good Neighbor policy is not appealable. However, once my office makes applications available, they have a duty to apply for the application within 30 days of becoming available and the article 16 permit is appealable to the board of appeals. I want to be Crystal Clear about that. Supervisor. Im assuming we have been having this discussion, many discussions, that were preparing ourselves for the transition to adult use january 1st. I think when we so what were asking is for current operators of mcds to actually submit a good Management Plan, a safety plan, Good Neighbor plan, goes through the Police Department for review, Public Health and your office also. Those are the steps. Is that correct . Is that what im hearing supervisor . Yes. So my question is would this delay at all the opening or allowable adult used to existing dispensaries because you must review them all and we are now going into a short month of november and short month of december quite frankly and it has to go through the Police Department. And i also feel that these dispensaries that have work to do still, it is a little unfair to say to do this without assistance on how to write a very good safety Management Plan and because we have never formalized an office before, theres nowhere a place to get assistance for making them good actors in this business. Are we willing to say those who are not good actors, well just get rid of them, or not be able to transition to adult use or will we say that we will actually extend an olive branch and say youve been operating for a while, your dispensary is having some issues and this is how you fix it. I dont know if they have had the assistance to be a successful mcd that is safe for the neighborhood and has a safety and Good Neighbor plan. Im hearing there are fences or people are not acting properly, but where is the vehicle in which for people to get this assistance to help to get them up to speed or are we willing to say, im asking my colleagues this, youve had a business for a couple of years, sorry, the last couple of years you have not been good so were saying you may not be able i think my questions are two pronged. One, again, will it delay the ability of existing mcds to transition to adult use now that theres a new process and were nearing the middle of november. Secondly, that what is the assistance that we will be offering i would assume it would be the office of cannibis that would give this type of assistance to mcds that either want to perfect their business or come in compliance with a Good Neighbor policy or safety Management Plan. Im hoping that your office would be the i mean, i would just assume that it would be your office in which the mcds would be able to assist with this type of assistance because who else has that knowledge. Quite frankly. So not only i guess im saying not to just say sorry, not in business anymore, but to say this is where you need help and this is the areas where we would like you to strengthen instead of on their own resources to become a responsible Small Business owner. Can i respond to that . Sure. What i did in our instance, i brought in all three of the mcds physically located in my district and asked them for their management and security plans and the couple that needed additional assistance, we started giving them direction and pointed them to the office of Small Business. They felt t