MEETING OF THE MEDICAL CANNABIS COMMISSION AGENDA

Transcription

1 MEETING OF THE MEDICAL CANNABIS COMMISSION City Hall Thursday, June 6, Milvia Street 2:00 PM Redwood Room (Sixth Floor) I. Call to Order A. Roll Call B. Changes to Order of Agenda AGENDA II. III. IV. Public Comment Approval of Minutes A. May 2, 2013 Draft Action Minutes (attachment) Planning Staff Report V. Chairperson s Report VI. VII. VIII. IX. Subcommittee Reports Discussion and Action Items A. Review action taken at June 4, 2013 City Council meeting on Berkeley Medical Marijuana Regulations (Item 27) B. Work Plan: Discuss work plan to vote on at July meeting. One attachment. (Continued from April 4 th meeting) C. Discuss and vote on changing date for July meeting Information Items (In compliance with the Brown Act, no action may be taken on these items. However, they may be discussed and placed on a subsequent agenda for action.) A. Final ordinance changes from MCC meeting Correspondence A. Public Works Commission: Public Information Session on Measure M, July 18, X. Adjournment Berkeley Medical Cannabis Commission website: Medical Cannabis Commission Secretary: Elizabeth Greene, 2118 Milvia Street 2nd Floor, Berkeley CA Phone: EGreene@cityofberkeley.info Communications to Berkeley boards, commissions or committees are public record and will become part of the City s electronic records, which are accessible through the City s website. Please note: addresses, names, addresses, and other contact information are not required, but if included in any communication to a City commission, will become part of the public record. If you do not want your address or any other contact information to be made public, do not include that information in your communication you may deliver communications via U.S. Postal Service or in person to the Commission Secretary. Please contact the Commission Secretary for further information. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available for public inspection at the Planning and Development Department located at 2120 Milvia Street, Berkeley CA. Please contact the Commission Secretary for further information.

2 This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (V) or (TDD) at least three business days before the meeting date. Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

3 ATTACHMENT III.A Page 1 of 4 MEETING OF THE MEDICAL CANNABIS COMMISSION Permit Service Center Thursday, May 2, Milvia Street 2:00 PM Sitka Spruce Room (Second Floor) DRAFT ACTION MINUTES I. Call to Order 2:05 A. Roll Call Commissioners present: Cooper, Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Absent: Jones (excused), Tims. Staff present: Secretary Elizabeth Greene, Manager of the Environmental Health Division Manuel Ramirez, Deputy Director of the Planning Department Wendy Cosin, City Attorney Zach Cowan. B. Changes to Order of Agenda None. II. III. IV. Public Comment One comment regarding discussion of health issues. Approval of April 4, 2013 Draft Action Minutes Motion/second to approve the minutes (Rush/Pappas). Motion carried (Ayes: Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain: Cooper. Absent: Jones, Tims.) Planning Staff Report Secretary Greene made the following announcements: Introduced new commissioner for District 8, Michael Cooper. There is one vacancy on the Commission: the Mayor s appointment. People who are interested in applying for either position can either apply through the City Clerk s office or talk to the Mayor s office. Because Commissioner Jones has an excused absence, quorum for today s meeting is 4. Announced that the Smokefree Housing presentation to Council was moved from April 30 th to May 7 th. The June meeting will be held on the 6 th floor of City Hall (Redwood Conference Room). Two late items were distributed.

4 ATTACHMENT III.A Page 2 of 4 V. Chairperson s Report Chair Pfrommer mentioned that the Department of Justice has sent additional letters to dispensaries in San Francisco and San Jose. VI. Subcommittee Reports Dispensary: None. Cultivation: None. VII. Discussion and Action Items A. Dispensary Regulations: Review, discuss and vote on recent changes to the ordinance and ranking document. Staff reviewed changes to the ordinance and ranking document. Public comment: Three speakers, who commented on the need to test for molds, the impact on dispensaries of limiting edibles to those made in Berkeley. Discussion followed regarding the proposed changes. Manuel Ramirez with Berkeley s Environmental Health Division (Department of Health, Housing and Community Services (HHCS)) answered questions related to staff reasoning behind the changes, particularly edibles and testing. Signage: The HHCS wants the signs as a disclaimer that the products have not been tested by a government agency. The HHCS cannot develop their own testing process for medical cannabis they need an existing accreditation. This signage requirement would not prevent dispensaries from adding signage stating the type of testing that they have performed on their products. Edibles: The HHCS believes that only allowing Edibles produced in Berkeley to be sold in Berkeley dispensaries will give a minimum level of oversight of the product. The Cottage Food regulations do not cover products made with medical cannabis (viewed as a non-food contaminant), but the HHCS is willing to inspect residential kitchens making medical cannabis Edibles, using the Cottage Food regulations as a model. Concerns were raised about the impact that this rule would have on dispensaries up to 80% of the Edibles sold in Berkeley Patients Group are produced outside of Berkeley. This will reduce access for patients and require them to travel to other communities. Suggested that the following products be permitted for sale in Berkeley dispensaries: Edibles from commercial kitchens permitted to produce Edibles (since they may be inspected by County or local health departments), and Edibles from residential kitchens that are permitted and inspected by a government agency specifically for production of cannabis products. Motion/second that Sections B and E.3 be modified to state that dispensaries can sell edibles produced in commercial kitchens permitted to produce Edibles or in residential kitchens with government inspections specifically permitted and inspected for medical cannabis products (Rice/Rush). Motion carried (Ayes: Cooper, Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain:

5 ATTACHMENT III.A Page 3 of 4 None. Absent: Jones, Tims.) Testing: Per HHCS staff, there need to be an accredited certification process for the testing to be meaningful. Currently, there isn t such a process. Members of the MCC expressed concern about the need to test for molds and mildews. At least two of the three Berkeley dispensaries test their product beyond medical cannabis content. The staff recommended language would not prohibit testing it just wouldn t require it. Motion/second that Sections H.2.a and H.2.b remain as modified by staff, and that the MCC report to Council clarify that the MCC encourages testing of products for biological and chemical contaminants (Rice/Cooper). Motion carried (Ayes: Cooper, Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain: None. Absent: Jones, Tims.) B. MCC report to Council: Review, discuss and vote on report. Public comment: One speaker pointed out a typo on page 8 (4 th paragraph, 1 st line should be changed to allow applicants without a proposed location ). Motion/second to select Commissioner Pappas to represent the MCC at the June 11 th Council hearing (Rush/Ferguson-Riffe). (Ayes: Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain: Cooper. Absent: Jones, Tims.) Comments from Commissioner Pappas included with the MCC report were reviewed. Item 7 in Pappas attachment was discussed and removed. Motion/second to have Commissioners Pappas, Pfrommer and Rush work with staff to finalize the commission s report and approve without bring back to the full commission (Rush/Cooper). Motion carried (Ayes: Cooper, Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain: None. Absent: Jones, Tims.) Motion to approve ordinance and ranking/allocation document as amended earlier in the meeting (Rush/Pfrommer). (Ayes: Ferguson-Riffe, Pappas, Pfrommer, Rice, Rush. Noes: None. Abstain: Cooper. Absent: Jones, Tims.) C. Work Plan: Discuss work plan to vote on at June meeting. Item held over until June meeting. The commissioners suggested that the June agenda include a vote on changing the date of the July meeting. VIII. Adjournment Meeting adjourned at 4:00 PM. Two late items were distributed at the meeting: 1. Staff: Memo re. Medical Cannabis Dispensary Regulations for Preparation of Edible Cannabis Products (from the City and County of San Francisco Department of Public Health) 2. Staff: Memo re Approved Cottage Foods (from the California Department of Public

6 ATTACHMENT III.A Page 4 of 4 Health) Commissioners in attendance: 6 Members of the public in attendance: Approx 8 Public speakers: 5 Length of meeting: 1 hour, 55 minutes APPROVED: Elizabeth Greene Medical Cannabis Commission Secretary

7 ATTACHMENT VII.B Page 1 of 1 TO: FROM: Medical Cannabis Commission Elizabeth Greene, Secretary SUBJECT: Discussion of Work Program DATE: June 6, 2013 Many City of Berkeley commissions establish yearly work plans to guide their work for the year. These work plans specify the objectives the commission expects to complete in a year, the type of product expected (letters or reports to Council), and when the objectives will be achieved. The objectives should remain within the purview and constraints of the Commission s enabling legislation. Below are some possible objectives for the Commission to consider, based on past discussions at previous MCC meetings: Develop a Medical Cannabis competency test for the dispensary selection process. Research the need for additional dispensaries (if directed by Council). Develop regulations and a selection process for cultivation businesses. These and other objectives suggested by the Commission will be discussed and prioritized at the June 6 th meeting. Staff will collect these ideas and develop a work program to be voted on at the July meeting.

8 ATTACHMENT VIII.A Page 1 of 1 Changes made to ordinance at meeting B B. Compliance with State Food Safety Requirements. A Dispensary that prepares, dispenses, or in any manner distributes Edible Medical Cannabis Products must comply with the relevant provisions of all State and local laws specified by the City Manager regarding the preparation, distribution, labeling and sale of food, as specified by the City Manager, even if those laws are not directly applicable to Edibles. Any facility used by a Dispensary to produce Edibles shall be located in Berkeley and shall be constructed, and operated and inspected in accordance with the applicable building code and applicable food safety requirementshealth code standards for commercial operations unless otherwise provided by law E.3 3. Edibles that are produced or distributed at a Dispensary may only be prepared by a Member of that Dispensary and shall only be prepared in a facility permitted and inspected for the production of edibles by a government agencythe City, such as a commercial kitchen or a facility operating in accordance with the California Homemade Food Act H.2.b b. Dispensaries (may/shall) also cause representative samples of each Batch to be analyzed by an independent laboratory to identify the presence and amounts of biological and chemical contaminants, specified by the City Manager pursuant to state or federal standards for food, drugs or tobacco.

9 ATTACHMENT IX.A Page 1 of 1 Attend a community meeting on Measure M Community Meeting Date: Saturday, June 8, 2013 Time: 10:00 am to Noon Place: South Berkeley Senior Center 2939 Ellis Street (Near Ashby and MLK) The purpose of this meeting is to seek input on street and related watershed improvements. This meeting follows an initial community information session that was held on May 2 nd. Mark your calendars for a follow-up community meeting: Thursday, July 18, 5:30 7:30 pm, South Berkeley Senior Center Provide input on the decision attributes. The Berkeley Public Works Commission, in partnership with the Community Environmental Advisory Commission, the Transportation Commission, Parks and Recreation Commission and the League of Women Voters, invites you to a series of community meetings on the implementation of Measure M. We value your input to making Berkeley a city with better streets and sustainable infrastructure. If you have questions, contact: Ray Yep, Public Works Commission, rayyep1@gmail.com Sherry Smith, League of Women Voters, president@lwvbae.org

10 From: charles pappas To: Greene, Elizabeth Subject: One commissioner"s response and input re: Measure T discussion BCC 6/4 Date: Wednesday, June 05, :15:24 PM LATE ITEM Page 1 of 1 Dear Mayor and Councilmembers, After watching the BCC meeting 6/4 discussion and action regarding the 1515 Dwight collective, I am compelled to comment briefly. There seemed to be a certain sentiment expressed regarding Measure T -that perhaps there was a need of fixing and alteration, especially concerning collectives. On the contrary, Measure T needs implementation and expansion. Situations like 1515 Dwight and previous and present collectives acting in a dispensary manner (as well as delivery services) are illustrations of current patient needs and unfortunate political realities. In 2010, sub committee meetings with the Mayor and councilmembers produced a reasonable ballot measure, significantly improving the Berkeley Medical Cannabis Commission. Our commission has diligently worked to provide you with clear, coherent, reasonable fair and just recomendations for a dispensary permitting process with private collective and ordinance considerations. I look forward to presenting our specific recommendations, truly the fruits of our efforts, next Tuesday, June 11. Respectfully, Charley Pappas - District 6, medical cannabis commission