>> good morning everyone. this meeting will come to order. welcome to the november 13th special meeting. i'm ahsha safai to my right is sandra lee fewer and to my right, norman yee. mr. clerk, do you have initial announcements before we begin?

>> 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 there's still going to be both in the land use and on the rules side, there's going to be continuing conversation over the next year. i think the goal that we're 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 haven't 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 haven't 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. there's been the conversation about not predictable delivery but essentially internet based and working with brick and mortars. i want to have conversation about that. there's 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. let's 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. we've 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 that's not currently reflected in the legislation supervisor.

>> would that be an amendment. john gibbner. >> i think this is amendment you're suggesting to the -- to article 16 if i'm not mistaken. that would not be subsensitive, you could make the amendment tomorrow and pass it on first reading tomorrow. >> we'll do that. what we're trying to do deputy city attorney pearson essentially is there currently is a process they have to submit -- all existing mcd's have to submit a management and security

plan and good neighbor policy. that's something they're 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. we're 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, we're having it be the process where the office of cannibis -- and essentially what i'm reiterating, the process currently happens, the police captain in the past has given recommendations or reviewed the management security plan, so that's not anything new. and the good neighbor policy is something that they're familiar with, that's 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 that's important because there have been really good actors out there currently and there's ones that have some room to grow. so we want this to be based on a merit system on terms of how they're 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. >> that's 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 -- i'm getting looks from you guys. >> excuse me so you're 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. >> that's a good question. the other thing, i know that even the temporary permits, there's the ability to appeal temporary permit from the neighbors and discretionary review. oh, that's 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 don't think it's 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. let's hear what miss elliot has to say. we're 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, i'm 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 it's -- the ball is sort of in your court and also public health. we're 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 can't say because i have never reviewed that security plan. i haven't reviewed a good neighborhood policy in coordination with operators and supervisors, however we have published quite a bit in the last two months, so -- let's just keep plowing forward. >> i know your name was on the -- do you want to add something supervisor yee? >> i'm trying to clarify in my head what we're talking about. i never had these discussions. so basically, are you offering

amendments -- talking as if it's in here and we're 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, i'm 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, that's where we are right now. there's 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 wouldn't slow the legislation down but to clarify how we move from -- into the temporary adult use process.

>> and then, it's -- 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. we'll take direction from you today if it's the -- will of the committee or any individual member, we can draft it for tomorrow. >> that would be helpful for me. i don't know what i'm 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 mcd's to adult use, is that what we're

doing? okay. this review process deems a particular retail business that they have not been doing what they're 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 we're ready, by

december 1st, the office of cannibis could start issuing cannibis retail permits for the existing mcd's 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 i'm saying, i understand the review process that you're 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 don't have a condition right now, just you? >> there is no commission. >> if there's disagreement

between one person and one business, is that it? >> i don't know the answer to that. i mean, if there's -- 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. we're 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, that's why i said in consultation with supervisors and input from the police captain. that's 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, it's not like something is going to happen, people are still going in every day and purchasing cannibis. so it's not like we're introducing a new business, we're just adding a use. and then -- if you're looking for where this is, it's on page -- i think probably going in on page 88 there is a process and i'm assuming adding some things. >> yeah. particularly the management of security plan because i know there's varying degrees of ways

in which businesses are securing themselves. some have armed guards, some don't, some have bars ton windows, some don't. there's 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 you're 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 don't know how many are on the border of district nine. that's the other part. i don't think there's anything on the southern part and the 1 on ocean avenue.

i know in the past they are familiar with mcd's. >> 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. >> i'm assuming we have been having this discussion, many discussions, that we're preparing ourselves for the transition to adult use january 1st.

i think when we -- so what we're asking is for current operators of mcd's 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 i'm 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, there's 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, we'll 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 you've been operating for a while, your dispensary is having some issues and this is how you fix it. i don't 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. i'm 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, i'm asking my colleagues this, you've had a business for a couple of years, sorry, the last couple of years you have not been good so we're saying you may not be able -- i think my questions are two pronged. one, again, will it delay the ability of existing mcd's to transition to adult use now that there's a new process and we're 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 mcd's that either

want to perfect their business or come in compliance with a good neighbor policy or safety management plan. i'm hoping that your office would be the -- i mean, i would just assume that it would be your office in which the mcd's would be able to assist with this type of assistance because who else has that knowledge. quite frankly. so not only -- i guess i'm 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 mcd's 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 they were comfortable enough and the cannibis task force. there's a lot of resources there, a lot of individuals with experience there, they have started to make significant process in terms of where they are, i think they see the motivation because they want to be a good neighbor. they have expressed that. they want to do a better job of managing their businesses and they want to be prepared to do adult use. and so, i think it's both the carrot and the stick and at least in the last few months, i have seen significant progress. but i would say once the finalized plan is put in place, once i see it written and

submitted and have an opportunity for review, then you see the changes on the ground. but i think there are a couple of different offices along with the office of cannibis, small business, cannibis task force. i think it's a good point, what you're bringing up. but miss elliot, for the businesses -- i mean these are things that the businesses have had to do. it's not new to them. and it's not unique to this particular industry either. last week we were at the entertainment commission and a local bar had been asked to resubmit their good neighbor policy and asked to put in management and security plan and had not followed through on a number of things they were asked to do so the entertainment commission was reviewing their entertainment permit. there were significant offences there. it's not -- we're not asking for anything unique for the industry and i think the reason i felt comfortable in terms of

-- i heard supervisor yee and supervisor tang and some others on the land use discussion bring up mandatory dr reviews for permits on adult use, there were questions about transition. we had these conversations last week and we're trying to formalize them. i focused on this because this is something that has been done. i felt like for the ones that were -- they were all familiar with it, there's just a matter of there might be work that needs to be done in some cases. if it slows down the few that needs work to do a little bit, but the ones currently operating at a high level in terms of management, security and good neighbor, it will be a quick resubmittal of the plan and review. the police department -- the police captain does not have to weigh in. it's recommendations from the police department and so --

it's not their final approval. it's the office of cannibis. >> so, i'm not saying that i'm not -- i would expect a very thorough review quite frankly. i would expect a very thorough review, we're asking them to submit a new safe management plan and a new good neighbor plan, i would expect your office to do a thorough exam of every application. we're entering a new arena. i just don't know. how would this affect your office and would you be able to process the dispensary applications for adult use in the -- before january 1st in order for them to open? >> all good questions

supervisors. first, i agree with you, i would also expect a thorough review from my office. with that said, i can't commit to get all of them through by january 1st. that's just not realistic because i don't know how much time it will take. but with that said, the security plan is defined in this ordinance is done in consultation with the police department and approved to the condition of the permit. we fully expect to develop rules and regulations associated with some of the plans. many will not be developed and be public with long enough time frame to be put in place by january 1st for full transparency sake. with that said, those requirements through the rules and regulations would be applied in my mind, and i think through this legislation to article 16 permits. i think when it comes to the final -- >> final. >> yes, final permit. when it comes the the security plan, a lot of it is assessing

what existing mcd's have in place for their security plans and ensuring there's no gaps when it comes to rolling out adult use january 1st and moving forward until they get article 16 permit meaning they're in full compliance with rules and regulations. >> i was doing that to someone else. sorry. >> good neighbor policies, many operators have good neighbor policies as condition to the permit. i think a lot of it is getting the inventory of good neighbor policies and meeting the minimum requirement through the policies and trying to, again, just like the security plan, fill in deficiencies if there are some within the districts. >> i think it would provide for the opportunity if there are businesses with a certain number of complaints or areas for improvement -- i mean, i think -- i'm all in favor of

everything that you're saying and i think this body has done -- this is what, the third special committee we're having. we've been spending a significant, significant amount of time on this. i think it's justified. we don't want to slow people's businesses down. there's a mandate coming down from the state, but there is going to be a higher level of volume of people and customers given what we're predicting. so because of that, particularly in areas where you might not have had the best operators and there might be gaps in terms of management and security, we have to have some level of rereview. if there's someone not operating to the level we expect, we want to have the final level of review to ensure they're moving towards that, particularly given the increased volume. for one of the things i have heard on some of the ones that have been clustered together, they're literal two doors down,

we have a significant amount of parking problems and significant amount of problems of people that are customers going into the immediate homes that are just a few hundred feet away. we have to ensure there's a right level of management of that area. we've had significant issues with surrounding businesses. but there have been improvements significantly over the last number of months and there's an incentive for all of the businesses to do that. i don't want to slow the process down, but at the same time, i think there has to be and i have heard from other supervisors, there has to be a level of review as we transition. >> knowing we heard from miss elliot she can't commit to getting every permit reviewed for adult use, what is your suggestion about the bridge time? is it that we allow it temporarily until there's a final review -- what do you

suggest, hearing now from miss elliot that we would -- her office may not be able to finish all of the reviews by the end of the year and also that the rules for the plans aren't ready yet and the regulations aren't ready yet, that you're creating some right now. is that correct miss elliot? >> the office will create rules and regulations to further implement this legislation supervisor. but those rules and regulations should be transparent for a period of time, should receive comment during that period of time, should be revised to reflect some of the comments. and so that will take time and that's always been envisioned as part of this process and that would be applied to article 16 permits not article 33 permits. >> the other thing i would say in response to that, i would imagine out of the 30 current operators, maybe there's six or seven that probably need some

work. if we end up with 20-25, probably 25 that are ready to go day one on january 1st and there's additional level of review on a small handful, i would feel comfortable with that. >> okay. can you do 20-25 before the first of this year? >> i don't think she can commit to anything. she doesn't know what she's reviewing so far. >> i don't have the crystal ball. i can't say what sort of time it will take. we have -- this is a new office and we haven't done that activity before. i wouldn't be confident saying to you this is how much time and how much we can do unfortunately at this time. >> i was just predicting based on current operating and what we have heard in the field. supervisor sheehy, i know you have amendment as you want to make. do you want to propose the amendments? >> yes. thank you.

and thank you supervisors for allowing me time to update the committee with where we are on cannibis legislation. we have heard from many stakeholders about positions. today, the legislation before the rules committee is better as a result. i want to take a moment to describe why i do this work. as someone who is openly h.i.v. positive, i know myself the difference cannibis can make in a medical setting. before the advent of effective h.i.v. treatment, many people relied on cannibis to sustain appetite and alleviate pain. the club out of which came 215 and campaign for all rights and purposes was run from was on market street, a five storey building where the dylan law firm is now, it wasn't just to

obtain medical cannibis, it was a hospice. in those days aids was effectively a death sentence and the medications really didn't come in that have saved my life and countless other people's lives until late 1996, about the same time 215 came in. medical cannibis is the reason why many, many people are still alive today who otherwise would have died from aids. then when the drugs came in, the side effects were very severe. the first medications i took were fairly gassy but made it possible for me to be here today and frankly when i tested positive, i had not actually used cannibis since college but i found that that was the only way i could tolerate my medications. scientific studies have found that where medical cannibis has

been legalized, demand for opioids and opioid deaths are down. today we'll offer three amendments in this particular piece of legislation on important issues, supply chain, compassion and consumption. for me, compassion is most important, you can find the amendments on page 9 and 10 of the amendments i passed out. the original ordinance did not allow distribution of medical cannibis, the conditions today allow that to occur, we must make sure patients get their medicine. second, provide a path for adult use permits. these amendments on 3 and 5. we'll do that so not only we have retail but supply chain ready to operate on january 1st. finally we worked with dph to come up with language for them to allow existing consumption

lounges under previously approved permits. that's on page 12 and 13. if you want i can give you specific lines -- >> no, just talk about the general -- >> yeah. so that's it. i would say several places we strike medical in several places that allow the pipeline people to numerous places. i think it starts on page 3 line 11 and then it occurs page 4 line 13, line 22, page 5 line one, line 7, line 12 and line 16. what that does, allows pipeline operators opportunity to

participate as they are currently. and it saves retail operators from having to go outside the city in order to fill their pipeline. i mean, we basically eliminate businesses that have been operating to date providing the pipeline for existing mcd's to continue to do their business. >> and then the other one you didn't really speak about, the compassion program. do you want to say something about that? >> yeah, well, the compassion program. state law did not allow fto giv away cannibis. this allows a store front to have medical cannibis product at low or nominal cost for individuals qualified under california health and safety code 1362.7.

this is page 10 line 8 to use medical cannibis. so it allows the director of the office of cannibis to adopt rules, regulations and guidelines applicable to compassion programs including but not limited to eligibility and applicable to those who may get it at low or no cost. >> in laymen's terms, essentially the current laws don't allow for basically giving away cannibis. but what this allows for, if you're -- it says medical -- it's only on the medical side, not the adult use side. >> no, not on the adult use side. >> i just want to be clear. someone who would have to come in, they would still have a medical card. and then that person would -- it says no or minimal cost to

low income individuals identified under california health and safety code. is that probably is what determines that they're low income? that's probably the section of the code -- how do they -- how do you verify they're low income? >> i think that the health and safety code refers to the medical cannibis card. >> that's right. that's a reference to the state law who describes who is eligible to use medical cannibis, they have to be a qualified patient with a physician recommendation. >> and it says the director shall adopt rules, regulations and guidelines applicable to the compassion program. that's where the rules will be set and where people will be qualified as low income and set a threshold. >> that's the intention. >> thank you. any committee members have questions on these amendments?

>> i have a couple of questions. i'm just wondering, so we're assuming that everything in the pipeline that is for adult use will be medical useless, is that an assumption or wrong assumption? >> the permits is for retail require all retailers to retain medical, they may say medical only but if they do adult use they must retain medical. >> but the ones in the pipeline, the new ones would offer medical and adult use, is that correct? >> i don't know what their plans are as operators, however they would be required to obtain medical. >> so they -- but new permits coming forward, don't require medical just adult use. will there be some dispensaries

that give medical and adult and some dispensaries just adult use? >> no, only dispensaries or retailers that are adult and medical or medical only. we are not proposing adult use only. >> got it. thank you for the answer. i have another question. then have we set aside any provisions that actually clarify what medical -- if you're offering medical cannibis that provisions for medical patients for example many of the dispensaries in washington state and oregon have everything packaged. so there is no loose product anymore, that it is all packaged. and so when we talk about a medical patient, much of it is trial and error, much of it is by the smell, much of it is by

how this combination works with this combination because everybody's makeup is so unique. will our medical marijuana dispensaries offer patients the ability to actually have this interaction with loose product or will everything be just packaged? i do think that medical marijuana is -- has a different purpose but then also it's a different way of accessing -- it's a medicine that actually interacts with your body and individuals very differently. the use of cannibis in a medical capacity is quite frankly before the aids epidemic but was also used before that for other remedies, too.

all was medical use. >> supervisor, under the application requirements for retailers on page 34 line 15 there's a provision in there that requires a description of how the applicant will support the needs of those who qualify under the health and safety codes to use medical cannibis including but not limited to providing space where customers may speak confident ally -- >> 10-19. and ensuring sufficient supply of medical cannibis product. i think that might speak to your concerns. >> not really. >> you want to be able to ensure that the patient has access to loose flower, is that your question? >> yeah. i just think it's sort of key

when you're talking about medicine. not everyone's dosage is the same and not everyone's medicine is the same. and this is why i think marijuana is so effective as a medicine, actually patients are able to access or combine strains sometimes or try out a strain to see how it works. and so, when everything is sealed in a package, it doesn't give you the ability to actually smell it or interact with product, and i think that is -- correct me if i'm wrong, i think it's a large part of it. what i hear from people, from medical marijuana users, it's about the interaction in your own individual body.

that does not give that provision in the particular part of legislation. also with my colleagues, do you feel it's important or not important. feel free to weigh in. >> can i just ahead for a second, supervisor sheehy is the only medical cannibis supervisor. i would like him to weigh in. >> that's kind of the practice now. i don't know that we need to put it in the law. certainly if that's something we need to clarify within the actual regulations to implement the law by the director, i think that's probably -- it seems a level of a little too deep to require medical cannibis dispensaries to have loose leaf product. i think they do now.

everybody gives you the opportunity -- to look at -- at least for the ones i have been to, you get the opportunity to look at it and sample -- >> but when you look at other states that have introduced adult use, it's all packaged. >> i have a question. are you asking -- i have a question supervisor. i want to clarify what you're asking. are you asking they write into the legislation that product, some of the product has to be loose? >> i think i would like assurance. it's great we can have a conversation here about it and i think it's important. but if going forward around cannibis use for medical marijuana patients, i think we should have a provision that product will be accessible to medical patients in a loose form.

i think if we're going to go forward and we really believe patients need product to -- >> okay. i got it. supervisor yee -- >> live comfortably. yeah, so it would just maybe be a line or two -- and in one dispensary i went to, it was either washington oregon or, they had loose product on the side. the other ones had no loose product at all and said there was no loose product at all, we're only doing it in packages that are sealed with dosages and that they never -- patients never touch the product and the only aaccommodation they gave to medical marijuana patients, they didn't have to pay the tax. but it didn't have any other

provision for medical use. i'm questioning it because i'm hearing that's an essential part of it being a medicine. >> can i offer a suggestion, some of this stuff we're doing in this transition period is going to be temporary, they're going to be guidelines written, there's going to be implementation and oversight period and i just wonder if this is something -- have you heard this is an issue, you are seeing in the field in terms of what's currently out there or you're concerned we're going to transition to it? >> no. we're only medical marijuana now. we're not adult use now. but when we switch to adult use -- >> i understand -- >> i want to make sure they have access. if you feel that you don't need to put this into legislation until we can add it later, but i actually feel it's sort of

important just in the -- and also with this new amendment that supervisor sheehy has just proposed, it's all about medical marijuana and i'm thinking why not strengthen the ability for people to access this in loose form. >> supervisor yee. >> sure. thank you supervisor fewer. before you spoke, i was going in the opposite direction, what's the point of keeping records for mcd's if everybody is walking in and buying whatever they want to buy anyway. but i think your argument makes some sense to me, not from my experience going into the mcd's, so much as growing up with

traditional chinese medicine, that's exactly what we do. you walk in, it's not pre-packaged. those trained as a medical doctor will take your pulse and do all kinds of stuff and determine what combination of herbs and so forth would make sense to you as an individual and then goes to my sister and says you're going to do something else. so i think your argument makes a lot of sense. and i would be very supportive if there was language to continue allowing that and not having it all be pre-packaged. >> thank you. supervisor sheehy, are you still on the call? >> yeah. maybe it would be helpful to

describe the provisions. you're not walking to a counter where everybody goes for everything. my understanding is adult and medical is separate. >> the supply chains are. >> and when you go in? >> the products are separate, yes. >> we talked about this early on when we were drafting to maintain you'll still have experienced people knowledgeable about the medical uses, is there language in there about that? what language do we have to protect the medical side from being -- >> again, it would be that provision that would require -- i don't have it in front of me right now. i could track it down. it's the provision that requires the retailer to ensure they're meeting the needs of medical patients, including through supply as well as privacy when it comes to that sort of

consultation. >> we have the privacy provision. if people want to put more language, but could you handle it regulation dropping the rules -- do you have a general sense of what's there? i mean, do we want to require there be loose product available then we can do that. >> i would defer to the city attorney as far as i could require that through rules and regulations. >> any thoughts? >> deputy city attorney gibbner? >> if we do so, we probably want to add language about knowledgeable personnel.

>> say that again. >> knowledgeable personnel. can we do that with director or do we need to put the language in stipulating loose product and maintenances. really, i guess when i think about it, it's not really -- it's just continuing best practice. but -- >> yeah, but if we're doing legislation, you and i are temporary stewards of city government. it should be memorialized in legislation quite frankly. it doesn't matter if we're having a discussion about it. it's about what will happen 10 years from now if adult use takes over and everything is all sealed. i mean i actually think because supervisor sheehy and i are used

to herbalists, we understand that not all dosages and medicines affect people the same. i think it's -- i don't think the provision in here is strong enough and it doesn't have to stay loose, but access to product that is -- not packaged. it doesn't have to say hey, loose leaf or whatever, i mean, i just think if we want to maintain the integrity of medical marijuana. >> no, i got it. >> sometimes we need legislation that protects forever the integrity of medical marijuana. >> okay. so deputy city attorney gibbner. hold on supervisor. go ahead. >> in response to -- in response to supervisor sheehy's question about the director's

authority. director has -- >> which director are we talking about? >> miss elliot. the director has pretty broad authority to adopt rules and regulations, getting into this -- but not specifically defined. so if the board is interested in ensuring that she has authority to require medical cannibis retailers to provide an adequate mix of products to clients, we could add that into the ordinance rather than specifying you must have this much loose product, we could say director may or shall adopt rules and regulations ensuring diverse mix of products for medical patients. >> so, my comment is i think

that would be fine except this is a lot of authority to the director. i'm just going to say that the director here today is nicole elliot, the director here in five years could be somebody completely different that doesn't believe in medical marijuana. i'm just -- i'm just saying that we are now as the supervisors on the verge of creating ordinances that will regulate a huge business. we have no idea where this is going to head but we do know the past relationship with marijuana and our past relationship with marijuana has been medical and it has proven to be successful as medical. and so i just want to make sure that we have the integrity of the medicinal marijuana is still in place and protected for those thousands of patients. >> i think you make a