San José Police Department
Cannabis Regulations
Cannabis Administrative Citation Schedule of Fines Update PSFSS Committee Meeting
October 19, 2023
Item (d)3.
Presenters:
Wendy Sollazzi, Division Manager
Sergeant David Woolsey
2 www.sanjoseca.gov
City Council Directed Changes
• Review the Administrative Citation Schedule of Fines related to fines for violations of Chapter 6.88 of Title 6 of the San José Municipal Code. • Provide recommendations to bring San José’s Schedule of Fines more in line with comparable California cities
3 www.sanjoseca.gov
Assessment of Cannabis Regulatory Program Fines
• Originally drafted in 2014
• Prior to State regulation in 2018
• Reviewed fine schedules for the cities of Oakland, Sacramento, Redwood City, San Francisco, and Mountain View.
• Typical first fines per violation:
• Oakland - $1,000
• Sacramento - $1,000 - $2,499.99
• Redwood City - $100
• San Francisco – amount not to exceed $1,000
• Mountain View – civil legal action
4 www.sanjoseca.gov
Assessment of Cannabis Regulatory Program Fines
(cont’d.)
• San José’s fine schedule is tiered
• Escalate for each violation within one year of a previous violation • Lowest offenses start at $1,200 and escalate to $5,000 • More significant offenses start at $10,000 and escalate to $50,000 • Other comparable offenses in San José’s Schedule of Fines • Off-sale alcoholic beverage establishments are typically tiered at $250/$500/$1,000
• Tobacco retail violations are typically tiered at $500/$750/$1,000 • Staff recommendation: update and decrease the schedule of fines 5 www.sanjoseca.gov
Proposed Updates to Cannabis Regulatory
Program Fines
• Identification badge display, property maintenance, personal use regulations, and nuisance-related violations: $250/$500/$1,000. • Various registration and operational violations: $500/$750/$1,000. • Security and Public Safety related violations: $1,000/$2,000/$3,000. • More egregious violations: $10,000/$25,000/$50,000.
• Update personal, non-medical cultivation fine to a per plant violation over the allowed amount: $250/$500/$1,000 per plant over the allowed six. 6 www.sanjoseca.gov
Scale of Impact of Proposed Updates to Cannabis
Regulatory Program Fines
• 5 administrative citations issued in Fiscal Year 2022-2023 • 2 to illegal/unregistered businesses
• 3 to registered businesses
• Fines totaled $45,000
7 www.sanjoseca.gov
Future Proposal for City Council Consideration –
Identification Badge Requirements
• Update time allowances for businesses to return employee badges to the Chief of Police
8 www.sanjoseca.gov
Public Outreach
• Support softening the fine schedule
• Requested the City aligns allowed operating hours with what State regulations allow
• Requested historical information regarding enforcement actions 9 www.sanjoseca.gov
Staff Recommendation:
a) Accept the update on staff’s proposed changes to the Administrative Citation Schedule of Fines for violations of Chapter
6.88 of Title 6 (Business Licenses and Regulation) of the San José Municipal Code for the Cannabis Regulatory Program.
b) Cross-reference this report to be heard at the November 14, 2023, City Council meeting.
Cannabis Administrative Citation Schedule of Fines Update PSFSS Committee Meeting
October 19, 2023
Item (d)3.
Presenters:
Wendy Sollazzi, Division Manager
Sergeant David Woolsey
San José Police Department
Cannabis Regulations