beds to serve homeless veterans and their families, and the residents should be open in 2011. i now invite the chairman of the heart perlite center advisory council to accept the check from dr. robert jesse. and did you bring the check in your pocket? ok, thank you. carrying the check, we have veterans and residents, czech and delight. thank you both for being here, and thank you for your service. [applause]

supervisor avalos: good morning. welcome to the city operations and never had services committee. my name is supervisor john avalos, the chair the committee. joined by supervisor eric mar. the other member of the committee will be absent today, supervisor sean elsbernd. can we get a motion to excuse his absence? so done, without objection. we're also joined right now by

supervisor david campos. the clerk of the committee is ms. gail johnson. can you share announcements? >> all persons are requested to off all cell phones and pagers. if you wish to submit speaker cards, please put them up by the rail in front of you to your left. if you submit copies of materials for members of the committee, please submit an extra copy for the file. the two items on the agenda today, it recommended, will go to the full board for consideration tomorrow afternoon at 2:00 p.m. >> very good. thank you, madam clerk. please call item number 1. >> item 1, resolution supported regulated and safe patient access to medical cannabis in the city and county of san francisco. >> supervisor campos? supervisor campos: thank you. good morning, everyone.

happy monday, happy halloween. this is the resolution that i am introducing, along with a number of my colleagues did not want to think that for their co- sponsorship. supervisor mar, supervisor of ellis, president chiu, supervisor mirkarimi, supervisor kim, and supervisor wiener. this makes it very clear that we, on the board of supervisors, want to send a very strong message to the federal government that they live up to the promises that the president made, who was running for president, and the promises that were made in the early stages of the current administration, that they would respect state law. the voters here in the state of california have spoken loud and clear that they believe in the right of patients to have access to medical cannabis. that was passed into law through proposition 215, the compassionate use act, which voters supported in 1996.

we have seen in the last few weeks a very troubling development with respect to the approach of the federal government. we have seen the federal government that, contrary to its prior promises, is now disregarding state law. and in the process, really hurting so many patients that rely on the access to medical cannabis as a way of treating their illnesses and as a way of just survival. the voters of california have made it clear that we in california believe in the right of patients to have access of medication. in the city of san francisco, we have enacted regulations that serve as a model for the rest of the state in the rest of the country. and we believe that the federal government's should not be spending its very limited resources trying to go after patients. by this resolution, we're doing a number of things. first, we're urging the federal government to reconsider its bad

policy and to actually respect the rights of patients to medicine. we also call upon the federal government to end the prohibition on medical cannabis and request that the united states congress passed hr 1983, the state's medical marijuana medicate debt -- medication act of 2011, which was introduced by representative barney frank. we also are calling upon the federal government to pass hr 1985, the small business tax equity act of 2011, which was introduced by congressman pete stark. we're also calling upon the federal government to follow the lead and take leave from people like mark leno, leland yee, and others who have called for the protection of the rule of law as enacted by the voters of the state of california. we also encourage the president

of the united states to enact legislation requiring federal law enforcement to respect state law when it comes to medical cannabis. i think in these times, it is very important for us in the city and county of san francisco to take a clear stand in supporting patient rights, and i urge support of this resolution. i also want to take this opportunity to thank the medical canada's community and all the activists that have rallied behind this very important plot -- cause. i also want to think my colleagues for their co- sponsorship. >supervisor avalos: very good. i am a co-sponsoring this resolution as well. and i believe supervisor mar is as well. i am co-sponsor because i believe in and access to medical cannabis, as our state law has allowed.

i think the changes that are coming down from the gut -- from the federal government against. i have a lot of concern about the so-called war on drugs and how the policies of it are ongoing as a failed policy. it has been the war on drugs now for decades, and we're not seeing a real diminishment in the resources that go towards it, resources going -- that could go towards other things like health care and education. thank you for bringing this resolution forward. supervisor campos, supervisor mar, if there no comments from you, we can do to public comment. supervisor mar: i did want to thank supervisor campos and the activists from the community who have been working on this for years. the former assemblyman as well.

and i appreciate supervisor campos also writing in support for the hr 1983 by barney frank and also the state's medical marijuana protection act of 2011 as well, supporting other legislation at the state, local, and federal level as well. thank you. supervisor avalos: very good. we can go into public comment. we will do two minutes per person. i have a few cards i can read. please come on up. diamond dave, [unintelligible] penny -- i cannot read the last night. cynthia -- i cannot read the last name. paul girello. >> good morning, supervisors.

my name is stephanie tepper, a spokesperson for the medical can this task force. i am here today to thank you for standing up and taking leadership on this very important issue. over the last 10 years, the state of california has engaged in creating laws in local jurisdiction to transparently regulate medical cannabis facilities throughout the state. there were promises made, and direction given by our leaders, and as a result, we have had a community that has been very invested within their community and very invested in a transparent process. so for us to have the blanket pulled from right underneath this is unacceptable. in addition to this being an attack on patients access to medicine, which by the way, an attack on a facility is an attack on patients, they're innocent bystanders, too, that are also under attack. those are the landlords are

complying with state and local laws by renting to these facilities were now being threatened with 40 years in jail, a civil forfeiture, and for them to go back and take any money that they got in rent and be sued for that as well. it is unacceptable. so i applaud everybody on the board of supervisors for getting up today and making a definitive stand against the federal government's attack on state rights. thank you. i would also like to say that i stand in solidarity with occupysf and occupy oakland. thank you. [applause] >> thank you, sister. this seems to be something which is bound to happen here. i believe this is what they call a no-printer. we better support our brothers and sisters in this. it goes all the way back -- i am talking about yerba buena. that means they can smoke the good herb.

it looks like this has support. what i am really worried about, it seems like the knicks step -- i see my brother here from the guardian. uses the next step is to attack the newspapers that provide ads for medical marijuana. is that right? this is definitely an attack on our freedom of speech, freedom of access, free them to find the sustenance 22 survive in his previous times. so count me in. i believe we can do more together than any of us can do alone. thank you, brothers and sisters. let's stay strong. at the occupation and at the facilities dispensing medical marijuana, the good herb, ganja. [applause] supervisor avalos: thank you.

next. >> good morning. [unintelligible] first of all, supervisor campos, thank you again for being in our corner during these trying times, as well as your colleagues for coming to make the statement to the federal government that we, as a state, are taking care of our own and regulating our own. and if they would open their hearts and their minds to the idea of sick and dying people, they, too, might learned something from this body. thank you. [applause] supervisor avalos: thank you. next speaker, please. i have a few more cards. [reading names] >> ok, happy halloween. i am part of patient advocacy

for medical cannabis, honored to speak before you. i want to thank supervisor campos for his sponsorship of this emergency resolution. i want to point out for is that the prohibition of cannabis has been a huge factor in corporate greed for decades, and the current crackdown on medical can and this is a blatantly unconstitutional. not a single patient advocate in any of the 16 medical cannabis states believes for one moment that the department of justice is doing this crackdown to prevent patient exploitation. by profiteers. furthermore, we would like to see all the medicine from our collectives that has been seized returned. the reward system for federal agents needs to be examined for profiteering and piracy. at the task force level, we passed together basically a

decade of work that has been done on it profiteering and patient exportation, with compassion that direction that our court. we created a model for our nation. we are outraged and demand immediate injunction and the participation of our federal representatives to prevent closures that are set to occur in a matter of days for divinity 3 and other cooperatives. and for our city to uphold our sanctuary status for medical cannabis and perhaps finding locations for these and other cooperatives to serve their patients in the interim, while hopefully president obama uses his executive powers to rein in the role of u.s. attorneys and create some debt lead -- diplomatic reasonable solutions. thank you. [applause] supervisor avalos: thank you very much. next speaker, please. >> hello peter i am a resident of san francisco, a patient, and i own the hemp center in oakland

since july 1999. first, i like to think the city for your kind diligence and effort in trying to establish meaningful regulations for the medical marijuana community, as well as the greater community at large. second, happy halloween. i came to rest today to reflect the fact that not only am i if- annise de -- am i a fashionista, but i am a patient also. we are put under a lot of stress for what we do. any help is much appreciated. the movement began here, so i feel is up to us to lead the way, to make sure that what we do here is meaningful, because the whole nation is watching what we do. again, i would thank you. i know that your powers are limited, that you cannot rein in the federal government. and until the patient's join together with the class-action

lawsuit against the federal government, i do not really think that things are going to change. thank you. [applause] supervisor avalos: thank you very much. next speaker, please. if there are no other speakers -- anyone else who wants to speak, please come forward. thank you. >> good morning. i am a patient advocate. i am also a part of the 99%. my comment is that directly to the federal government. we have a lot of low-income disabled veteran patients that are going without, and we stand here today to make sure that does not continue. i have been sleeping at occupysf for the last couple of days, and i see patients literally hurting because there is no safe access. we need the safe access.

this is not a drug. this is not a prescription. this is life-saving medicine. we needed to get to the patients in the people who desperately needed. thank you for your support and your help, but we need to do a lot more. it takes all of the san francisco. it does not just take the advocates to stand up for the people. it is all of san francisco. all of san francisco is here. listen to us. thank you. supervisor avalos: thank you. next speaker, please. i have a couple more cards. you want to use the one to your right. you can use the microphone to your right, because that was not on. >> hello. first, i want to thank all you supervisors for helping us. it is just wrong for the federal government to table people's votes and just throw it away,

disregarded. we voted for prop 215. we won. we should not be having this problem with the federal government and nobody else. i want to thank you all for your support. keep our madison. thank you very much. [applause] >> hello. my name is theresa. i am a healer in an illegal -- legal secretary peter i am a member of the access of love. i used to buy my medical marijuana illegally. it was a lot more money. i was pretty scared. when i finally got my doctor's prescription, i had a big sigh of relief. i am looking for the federal is. they're looking for us. we're looking for them. i want to know why we're having to be so afraid in this city peter i am scared. it is stressful. business owners that the can of this dispensaries are under a lot of stress. you guys do not realize what

they are taking on for us. so any harm that comes to any dispensaries in this town, like in divinity tree, there are supporters. they're the ones that are giving us the madison. i would like to grow it myself. can someone help me do that? i have got my landlord on my back. i need that for my dispensary. and i do not get my medication, i am concerned. i will fight the federal government. i have learned from the leaders in the cannabis committee not to start here in city government. i got recorded on the radio saying not only is this a local city issue, a state issue, but ultimately the federal government is the pressing cannabis. we need to address the federal government. who is going to help us? [applause] supervisor avalos: next speaker, please. >> i am and medical patient

peter i am speaking for people that cannot speak english or the american language. we need that medical marijuana. i am a patient. thank you. gracias. [applause] >> good morning peter i am from divinities tree. it is so encouraging to hear the patience speak. i want to remind you folks -- thank you very much for considering this resolution. no, i view this as an attack on landlords and agents and an attack on the board. i think the board came up with great rules and regulations for dispensaries, and is really a model. that was in 2005. i hope you will stand up to the department of justice. i think it is another tired attack on san francisco values. thank you. [applause] supervisor avalos: thank you very much.

next speaker, please. >> hello. i am a patient advocate. i would like to say thank you for your time, first of all. second, i would like to say that safe access is no access if you cannot properly medicaid without the federal peppermint cracking down on the dispensaries, collectives, and co-ops, and people with low incomes and disability. please, doj, stand down. i urge you. people in high places, please protect medical cannabis. thank you very much. [applause] supervisor avalos: thank you. if there are no other members of

the public who would like to comment -- anyone else, please come forward. >> how low. i just wanted to quickly say that i mirror the sentiment of my colleagues. thank you. supervisor avalos: ok. seen no other member of the public who would like to comment on item number one, we will close public comment. supervisor campos, any other comments? ok. this is before us. can we move it forward with recommendations and take that without objection? this will be moving forward as a committee report to tomorrows full board meeting. very good. thank you very much. [applause] madam clerk, please call item number two. >> item two, resolution supporting the occupy wall street protest movement and urging major lead to a poll

people's right to peaceful assembly and collaborate with occupysf to ensure the safety of the protesters, their supporters, and a greater public and the city and county of san francisco. supervisor avalos: very good. thank you, madam clerk. colleagues, i want to thank you for your co-sponsorship for this resolution. supervisor campos, supervisor mar, supervisor chu, mirkarimi, kim, and supervisor winner. i am sorry. not the right one. scratch that. supervisor campos, supervisor kim, and supervisor mar. i wanted to buy for that co- sponsorship of this resolution does two things. it expresses support for the occupy wall street movement. it is something that i am wholeheartedly behind, especially in the expression of great frustration and concern

about our economic system that for decades has been favoring the 1% over the greater 99%. wheezy tax breaks and major corporations and businesses that do not pay their fair share in taxes. meanwhile, taxes are increased for every date people. we're losing our services that make our society much more meaningful. health care, education, affordable housing, and we need to speak with a greater voice about changing our economic system that can really benefit the many and not just the few. i have been very inspired by the expression of solidarity all around the world for the occupy wall street movement and the occupations happening all across this country, not just here in the bay area.

this past month, i have been asked to intervene on a couple of occasions for supporting the occupiey san francisco occupatin at 101 market street and at the plaza. the first time i was asked to intervene was on october 5. i got a phone call at about 11:30 p.m. at night. there was concern that the san francisco police department was going to come and remove people's belongings from the occupation on 101 market street. i have talked to the officer in charge. i also call the police chief. the police chief told me he would get back to me before any action was taken and then proceeded to ask the officers who were on duty, about 40 or 50 of them, to put on their helmets and take their batons and march in formation to work towards

separating belongings from the actual protesters who were part of the occupysf movement. i was alarmed about that. i expressed concern. to the chief of police that if he were to take action, the conflict of removing people's belongings could lead to violent confrontation, and wanted to avoid that. i also expressed concern that if we were to try and stop that the occupation from happening, we would see more people taking part in that. we saw that happen in oakland just last week when the oakland police department had moved against the occupation in oakland and led to huge by a confrontation were the police department was using tear gas and possibly other very dangerous tools to remove people

from the occupation and also the streets of oakland. that was a very costly response, and i believe that now we see oakland, after all this huge, you know, pressure -- and force from the police department, we see that the occupation in oakland is continuing. it is stronger and larger than it was before. i expressed that concern to our police chief in san francisco. i support the movement. it is not like it is necessarily a bad thing. but we have to figure out as a city how we're going to accommodate and work with and cooperate with this movement that is not just based here in san francisco but is based around the country and also at around the world. last wednesday night, october 26, and thursday morning, we had the occupation in justin herman

plaza about 1000-strong. we had members of the board, department heads, and many people in the city heard indications that the police was going to take action with forced to root move people from the plaza, citing concerns about sanitation and public safety and health concerns. and i saw that if there was going to be movement a police force to dislodge or attempt to dislodge the occupation, either when the occupation was standing together in a peaceful demonstration that it could lead to people getting hurt, could lead to the violence that could harm them. police officers would certainly our people and the public or part of the occupation movement. i also felt that is not the way that san francisco should be responding. san francisco, which has a huge history of free expression and free speech, just like around the bay area and berkeley as

well. we have a city that has been demonstrating for years the ability to promote free speech. a police force, moving with force against the occupation would be something that would be very harmful to overall -- our image of san francisco, as well as the inhabitants of the city. i have seen very mixed messages come out of the administration. that night, they said we had all indication there was use of force to dislodge us. the next day we hear, no, it was not about the police department moving against the occupation. it was only a training exercise. i do not believe -- no one gives any credibility to that expression that this was only a training exercise last wednesday and thursday night. we had real indication that forceful action was being considered, and we need better leadership than that. we need clear indication that as the occupation is here for the we need clear indication that as the occupation is here for the