City of
Fresno
Cannabis
Administrative
Prosecutor Program
2023-24
(CAPP)
Cannabis Administrative Prosecutor Program (CAPP)
• City of Fresno entered a Memorandum of Understanding (MOU) with the Office of the A
ttorney General (OAG) in August 2023
• Purpose: to reduce and eliminate illegal commercial cannabis activity within the City and m
itigate the environmental, social, and economic impacts of these illegal activities • Combined efforts on behalf of multiple agencies to coordinate administrative and civil enf
orcement for illegal land uses
• City of Fresno was the first city in the State of California to enter this MOU with the OAG
Inspections
Inspections were conducted with the assistance of agencies including the Fresno Police Department (FPD), Fresno Fire Department (FFD), California Department of Tax and Fee Administration (CDTFA), California Department of Alcoholic Beverage Control (ABC), and California Department of Justice (DOJ)
• 100 inspections have been conducted within the last year 67 Smoke Shops
11 Cultivations
18 Markets
1 Illegal Dispensary
3 Miscellaneous Cases
Inspection
Results
• Cannabis was located at 53/67 smoke
shops that were inspected (79%)
• Multiple guns were located at 15
businesses
• Illegal tobacco was present at 63/67 smoke
shops (94%)
• Gambling was observed to be a prominent
issue at these locations
• 100% of inspections resulted in code
violations (i.e.: commercial code violations,
zoning violations, hazardous electrical, etc.)
• Multiple arrests for f elony charges/warrants
(business-related employee)
Full Moon Smoke Shop
4676 N Blackstone Ave (D4)
D’s Smoke House
1254 W Clinton Ave (D1)
Royal T Smoke Shop
3316 E Mckinley Ave (D7)
The Spot Smoke Shop
5665 N Blackstone Ave (D4)
Seized Items
• Per CDTFA, this inspection resulted in the
following:
• 15 boxes seized
• 1,249 grams of flower (2.75 lbs.)
• 1,708 units of cannabis product (926
vape, 195 edibles, 587 pre-rolls)
• Estimated value: $75,558.00
• Fresno Police Department (NW Division)
seized 28 boxes of illegal tobacco products:
• 7,324 items seized
• Estimated value of $91,371.03
BEFORE
AFTER
Lab Results
China Town Smoke Shop
951 F St (D3)
Smoke City Vape and Smoke
1411 W Shields Ave (D1)
Inspectors’ Overview of Smoke Shops
In addition to the violations depicted in the photos, we also identified the following:
Public nuisance violations
Zoning violations
Unpermitted signage
Minors (-21) tending to a smoke shop
Sale of other drugs such as hallucinogenic mushrooms, Diazepam (Valium), and Si
ldenafil (Viagra)
Cultivations
• Total of 11 cultivation sites inspected within the last year • Inspections conducted alongside:
California Department of Cannabis Control (DCC)
Fresno Police Department (FPD)
Department of Fish and Wildlife (DFW)
Bureau of Alcohol, Tobacco and Firearms (ATF)
Fresno Sheriff’s Office ( FSO)
California Department of Tax and Fee Administration (CDTFA) • Over 5,300 plants destroyed in the process.
• The eradication of 5,300 plants roughly translates into $15,900,000 that will not be sold on t
he black market.
• 186.4 lbs. of dry cannabis flower seized by DCC
2686 N Clovis Ave (D7)
550 W Church Ave (D3)
4973 E Lansing Way (D4)
1015 Jones Ave (D3)
Cultivation Impact on our Community
Environment
• M
isuse of highly toxic and banned
pes
ticides
• Use of hazardous chemicals (risk of
ch
emical exposure to those
abating)
• Over-c onsumption of electricity
that is often-times stolen
• Large concentrations of hazardous
was
te draining into Fresno’s
wastewater
Criminal
• Involvement of human trafficking-
i
llegal immigrants working off
boarder crossing debts
• Association with groups of
org
anized crime
• Large sums of money are enticing to
pro
spective participants
• Weapons used to guard cash and
pr
oduct
• Large contributor to rampant and
un
regulated Black Market
Unlicensed Dispensary
(AOA Private Golf Club) (D4)
Joint investigation (CAPP & DCC) resulting in DCC authored warrant. This business was located in a commercial district without any permits or licenses from the following agencies:
C
ity of Fresno
Fresno County Public Health
Alcoholic Beverage Control
California Department of Cannabis Control
California Department of Tax and Fee Administration
• Health and Safety Codes, Commercial Codes, and Zoning Code Violations • Approximately 65.4 lbs. of cannabis flower seized
• R
X labels used on cannabis packaging
AOA
AOA
Citation Example
Citations
$5,235,050.00
Administrative Billing
$16,195.78
What we have
been noticing…
• Rebranding of smoke shops
int
o market and/or clothing
stores
• Verified gang members
assoc
iated with several of
these businesses
• Increased cannabis pop-up
even
ts
• Large amounts of cash at
the
se businesses
Example of Smoke Shop Transition
(D7)
Continued Success of the CAPP Program
WHAT HAS BEEN DONE
• Three inspectors have completed 100
insp
ections, multiple reinspections, and
continuous follow-ups within the last year,
along with handling regular compliance
c
ases
• 67 o
f the140 initially canvased smoke
sho
ps have been inspected.
• 14 smoke shops have closed since the
st
art of this program
WHAT IS NEEDED
• Increased manpower- addit ional
inspectors would allow Code to complete
more inspections in a more effectiv
e
m
anner
• Additional training would keep inspectors
wel
l-rounded and up-to-date on any
upcoming trends relating to cannabis
• Pending upcoming Smoke Shop Ordinance,
co
ntracting with a 3rd party laboratory for
narcotics testing