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San Jose City Council
February 15, 2022

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Presentation - est. 5 minutes (second)
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February 15, 2022
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San Jose City Council
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REVIEW OF CANNABIS EQUITY ASSESSMENT
San José City Council 2.15.22
Item 8.1
Presenters:

Sarah Zárate, Director, Office of Administration, Policy, & Intergovernmental Relations Michelle McGurk, Assistant to the City Manager
Cannabis Equity Assessment
What?
 Identify impacts from cannabis prohibition and War on Drugs, Research cannabis industry history,
 Review state cannabis equity programs, lessons learned, and barriers to entering industry
Data and Research Findings
 Disproportionate impacts in Black, Latino/a/x, some Asian communities/neighborhoods
 Disproportionate impacts in low-income neighborhoods
Program Recommendations
 Update equity ordinance
 Expand opportunities for equity ownership, prevent predatory arrangements
 Provide technical assistance, training, and mentorship  Explore workforce development, incubation, incentives

Arrest Data in
San Jose
between
2009-2018 by
Race/Ethnicity
Marijuana-related Incidents (from Calls for Service and Traffic Stop Data), 2004-2017* Community Indicator Maps
MTC Equity Priority Communities
(rated high, higher, or highest priority)
CDBG Low-Moderate Income Census Tracts
(80% of AMI or below)
Strong Neighborhoods Initiative Neighborhoods
(2000-2010)
Disproportionate arrests by race/ethnicity are associated with geographic locations known for current/historic disadvantages Proposed Eligibility Criteria – Equity Owners
 Current resident of an MTC Equity Priority Community or former Strong Neighborhoods Initiative neighborhood in the City of San José; and  Successfully completes all required pre-application program requirements; and  In the year prior to application, resided in a household with an income at or below 150% of the Area Median Income for Santa Clara County; and  Has lived for at least four years in an MTC Equity Priority Community or former SNI neighborhood in the City of San José; and meets one of the following criteria:
 Has worked in the cannabis industry in San José for at least two years between 2009 and the present; or
 Has been arrested for a cannabis crime in California; or  Had a parent, legal guardian, child, or sibling arrested for a cannabis crime in California; or  Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the California cannabis industry.

Additional Ownership Requirements
 Equity owner must own 51% of the business
 Ownership cannot be transferred to a non-equity owner for 5 years following registration
 Equity Partnerships are allowed
 Equity Partners’ combined total equals a minimum of 51% of the business (e.g. 3 equity partners each own 17% of the overall business)  Each equity partner meets the equity owner requirements Proposed Eligibility Criteria: Equity Employee
 Current resident of an MTC Equity Priority Community or former Strong Neighborhoods Initiative neighborhood in the City of San José; and  In the year prior to employment in the cannabis industry, the individual resided in a household with an income at or below 80% of the Area Median Income for Santa Clara County; and
 Meets one of the following criteria:
 Has lived for at least four years in an MTC Equity Priority Community or former Strong Neighborhoods Initiative neighborhood in the City of San José; or  Has been arrested for a cannabis crime in California; or  Had a parent, legal guardian, child, or sibling arrested for a cannabis crime in California, or  Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the California cannabis industry.

Issues to Consider
Industry Uncertainty Competition from Illicit
Market Limited Registrations Business
Space/Locations
Awareness of Equity
Programs
Business & Regulatory
Assistance Access to Capital
Address
Workforce/Employment
Issues
Pilot Program Recommendations:

Phased Approach
Phase 1 Phase 2 Phase 3 Phase 4
Outreach + Pre-
registration
(ID participants)
Procure Academy
Consultants
Spring/Summer
2022
Cannabis Equity
Academy
Fall/Winter 2022
Open Registration
Process to
Academy
Graduates
Winter/Spring
2023
Mentoring and
Business Support

REVIEW OF CANNABIS

EQUITY ASSESSMENT
San Jose City Council 2.15.22
Item 8.1
A. Accept the San José Cannabis Equity
Assessment;
B. Accept the staff report on implementing a
Cannabis Equity Pilot Program (pending
Council action on Item 10.2); and
C. Approve an ordinance amending Chapter

6.88 of Title 6 (Business Licenses and
Regulations) of the San José Municipal
Code to amend the Cannabis Equity
Assistance Program.

Council Actions
Presenters:

Sarah Zárate, Director, Office of Administration,
Policy, & Intergovernmental Relations
Michelle McGurk, Assistant to the City Manager

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