Cannabis Regulation of Tobacco
Retailers Status Report
Public Safety, Finance, and Strategic Support Committee Meeting April 18, 2024
Item (d)3
Presenters:
Wendy Sollazzi, Division Manager, SJPD
Rachel Roberts, Deputy Director, PBCE
2 1
Public Safety, Finance, and Strategic Support
Committee Direction
• Provide an update on the possibility of expanding the scope of the Division of Cannabis Regulation to include vape and smoke shops.
2 Considerations
• Scope of the Problem
• Reports of illegal products being sold- cannabis-like, cannabisadjacent, mushrooms, etc. • Observation during Tobacco Retail License (TRL) inspections • Requires multi-department effort
• Current regulation, enforcement, and resources
• Constraints
3 2
Current Regulation and Enforcement
• Division of Cannabis Regulation
• Regulation and Enforcement
• Code Enforcement
• Proactive Enforcement
• Registered cannabis business annual inspections
• TRL businesses annual inspections
• Youth decoy operations
• Complaint Response
• Illegal cannabis activity within purview- (unregistered cannabis businesses, odor, personal grows, etc.)
• TRL businesses, vape and smoke shops, etc.
4 2
Current Resources
• State Department of Justice Grant
• Administered by the Santa Clara County Public Health
Department
• 60k over three years
• Youth decoy operations- focus on illegal sale to minors • Must use decoys via Breathe California
5 2
Resources: San Jose – Police Department
ILLEGAL SALES OF CANNABIS, MUSHROOMS, FENTANYL, AND OTHER ILLEGAL
SUBSTANCES
• If you witness drug dealing, call 9-1-1 or 408-277-8911. • And/Or, call the Covert Response Unit at 408-277-4115. • And/Or, report online to Crimestoppers https://siliconvalleycrimestoppers.org • If you suspect (but don't see) drug dealing, call (408) 277-8900 or submit a tip online:
https://www.sjpd.org/services/automated-services/contact-form?strtopic=drugs • Under the “Topic” dropdown, please select “Drug Enforcement/Narcotics”
COMPLAINTS ABOUT REGISTERED CANNABIS BUSINESSES
• Contact the Division of Cannabis Regulation https://sjpd.org/exo/dcr • Phone: 408-537-1420, or via email at [email protected] 6 2
Resources: San Jose – PBCE
CODE ENFORCEMENT
• Respond to municipal code violations on private property such as zoning, building, and blight violations.
• Address unregistered cannabis businesses, cannabis cultivated for personal use, or cannabis odor.
• Service requests
• https://www.sanjoseca.gov/your-government/departments-offices/planning-building-codeenforcement/code-enforcement/request-service-check-status/code-service-request-form • Email: [email protected]
• Phone: 408-535-7770
7 2
Resources: State of California
DEPARTMENT OF CANNABIS CONTROL (DCC)
• Investigates complaints of unlicensed or illegal cannabis activity • Stops the sale of cannabis to minors
• Prevents unsafe products from entering the cannabis market • To file a complaint with the State: https://cannabis.ca.gov/resources/file-complaint/
OFFICE OF YOUTH TOBACCO ENFORCEMENT (OYTE)
• Investigates flavored tobacco and sales to minors
• https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/OfficeofYouthTobaccoEnforcement.aspx • Email: [email protected]
• Phone: 1-800-5-ASK-4-ID (800-527-5443)
8 2
Constraints – Current Regulatory Staff
• Entirely funded by cannabis program fees
• Current direction to reduce cannabis regulation staffing (PD, PBCE, Finance, CAO)
• Unable to perform tasks unrelated to cannabis regulation, unless:
1) General fund resources are made available, or
2) New cost recovery fees were imposed
2 9
Possible New Regulatory Permit Process
• Exploring potential amendment to Title 20 SJMC to require a Conditional Use Permit for vape and smoke shop uses
• Add vape and smoke shops as an enumerated use
• Provide for ability to condition the use
• Ensure operations not adversely impacting surrounding land uses • Potentially combat overconcentration
• Will require work plan including research, benchmarking, ordinance development, and outreach.
• Target implementation- Next regular zoning update cycle, approximately December 2024
2 10
Next Steps
• Division of Cannabis Regulation – pending staff funding; need time to evaluate and develop a program; PD will continue to investigate complaints as resources and competing priorities allow
• Code Enforcement – continue annual proactive inspections of TRL and registered cannabis businesses; continue to respond to complaints within purview
• City Council Direction – if staff is directed to explore the vape and smoke shop enumerated use requiring a conditional use permit, need time to evaluate and develop a workplan, benchmarking, outreach, etc. 11 2
Staff Recommendation
• Accept the report on the possibility of expanding the San José Police Department Division of Cannabis Regulation’s
responsibilities to include regulating licensed tobacco retailers. 12 2