MEETING OF THE

MEDICAL CANNABIS COMMISSION

City Hall Thursday, November 19, 2009 2180 Milvia Street 12:00 PM Redwood Room (6th floor)

AGENDA

I. Call to Order A. Roll Call B. Changes to order of agenda

II. Public Comment

III. Approval of Draft Action Minutes – 10/15/09 (Attachment)

IV. Staff Report/Commission Announcements

V. Discussion and Action Items A. Discussion of issues with and possible amendments to BMC 12.26, Patients Access to

Medical Cannabis Act of 2008, including definition of dispensary, regulation of ancillary uses, and cultivation

B. Consideration of sending a letter to Rhode Island offering to assist with their development of medical cannabis regulations

C. Discussion of possible collaborative work with other cities D. Presentation: Gro Delivery Service Collective (Dylan Service) E. 2010 Schedule F. Future Agenda Items

VI. Information Items

A. Approved Minutes, 9/17/09 (Attachment) B. E-mail from Charles Pappas, 10/26/09 (Attachment) C. Memo re: Preparations for Census 2010 (Attachment)

VII. Adjournment

This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. The Berkeley Medical Cannabis Commission was established under the authority of Berkeley Municipal Code Section 12.26.110. For information, contact the Berkeley Medical Cannabis Commission Secretary: Wendy Cosin, 2118 Milvia Street 3rd Floor, Berkeley CA 94704. 510-981-7402. wcosin@CityofBerkeley.info

MEETING OF THE

MEDICAL CANNABIS COMMISSION

City Hall Thursday, October 15, 2009 2180 Milvia Street 12:00 PM Cypress Room (1st Floor)

DRAFT ACTION MINUTES

I. Call to Order 12:02 A. Roll Call: Present: Amanda Reiman, Roger LaChance, Kris Hermes, Hilary McQuie,

Rebecca DeKeuster Absent: Dax Pierson B. Changes to order of agenda: Moved Information Item B to Discussion

II. Public Comment Liana Held reported on meetings that she attended about the advantages of cultivation permits for large grows, which allow more affordable and efficient testing of potency, bacteria, and heavy metals. Debby Goldsberry announced that BPG is celebrating their 10

th anniversary and that the City Council designated October 31

st as Berkeley Patients

Group Day. Erica Sydow stated support for dispensaries cultivating and testing as auxiliary uses.

III. Approval of Draft Action Minutes – 9/17/09 Motion/second DeKeuster/Hermes and approved unanimously.

IV. Staff Report/Announcements

V. Discussion and Action Items

A. Discussion of issues with and possible amendments to BMC 12.26, Patients Access

to Medical Cannabis Act of 2008, including definition of dispensary, regulation of

ancillary uses, and cultivation Commissioner Hermes summarized that there are two main issues: the definition of “dispensary” and Code changes needed to regulate cultivation. Commissioner DeKeuster suggested that a list of issues be developed and referred to a subcommittee, who can get input from lawyers. DeKeuster suggested discussion of: definition of dispensary; representation of collectives on MCC; cultivation; regulation of uses such as manufacturing, baking, extracts, etc; regulatory role of MCC; publication of safety standards. Chair Reiman supported this, stating that it was too hard to work at this level of detail at a Commission meeting. Commissioner Hermes expressed concern that the subcommittee already went through this process regarding the definition and that it is important that changes be made quickly because of the inconsistencies in the ordinance regarding cultivation. Debbie Goldsberry suggested adding the limit of three dispensaries to the list. Motion/second - DeKeuster/Reiman – to identify topics for the subcommittee to address and task them to return to the Commission. A friendly amendment was suggested by Commissioner McQuie and accepted: for the subcommittee to report back at the next MCC meeting with proposed language. Motion approved unanimously.

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Chair Reiman refined the list that had previously been proposed as follows:

Definition of “dispensary” and collective; should collectives be represented on MCC.

Collective cultivation

Ancillary uses (bakery, manufacturing, etc) – how to regulate

Laboratory testing, including publication of safety procedures.

Commissioner Hermes suggested that the three dispensaries hire an attorney to assist. Debbie Goldsberry pointed out that other cities are dealing with these issues and that a multi-city “think tank” should be formed and that the MCC should have a role. Commissioners Reiman, McQuie, and DeKeuster volunteered for the subcommittee, which will meet on Thursday, October 29 from 2 – 4.

B. Berkeley Police Department Training and Information Bulletin, June 3, 2009 re: Laws

Governing Medical Marijuana Secretary Cosin distributed the memo that had been sent to the Police Department based on Commission action on July 14, 2009 and stated that the Police Chief did not want to amend the training bulletin. Commissioner Hermes stated that he accepted leaving things as they are. Commissioner LaChance concurred, stating that the MCC should focus on fixing the ordinance so legality is clarified and confirmed that no further action was needed.

C. Discussion of memo from Charles Kingeter: “Dispensaries Publishing Safety

Procedures for Peer Review” Chuck Kingeter presented his memo and his suggestion that dispensaries publish their procedures, standards, and policies regarding contaminants, packaging, etc. Commissioner McQuie asked if all of the requested information was available. Commissioner DeKeuster stated that some information was proprietary. Chuck Kingeter stated that the requests were all related to the MCC’s responsibilities according to the City ordinance. Commissioner LaChance stated that a subcommittee had previously been formed to address these types of issues and that the work was tasked to the Medical Cannabis Safety Council (MCSC). Debbie Goldsberry described the work that a team of scientists perform for BPG. Commissioners LaChance and Reiman stated that the MCC’s role is as a resource. Commissioner McQuie stated that it is premature to publish this level of detail. Commissioner Hermes stated that the information should emerge as best practices, not as a mandate from the MCC. Responding to a question, Commissioner LaChance stated that the work of the MCSC is in process and that they meet every third Tuesday at noon. Commissioner McQuie asked that a report from the MCSC be presented to the Commission in December. Commissioner DeKeuster stated that it is up to the individual dispensaries to share information if they want to.

D. Medical Marijuana Dispensaries – Listserve Survey Results Secretary Cosin explained that she received the list from the HCED listserve.

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Commissioner DeKeuster stated that the Americans for Safe Access website also has this information.

E. Future Agenda Items Chair Reiman suggested sending a letter to Rhode Island, offering to assist with their process of developing medical cannabis regulations. Report back from subcommittee on possible amendments to Chapter 12.26. Collaborative work with other cities.

VI. Adjournment 1:40

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MEETING OF THE

MEDICAL CANNABIS COMMISSION

City Hall Thursday, September 17, 2009 2180 Milvia Street 12:00 PM Cypress Room (1st Floor)

APPROVED ACTION MINUTES

I. Call to Order 12:00 A. Roll Call: Present: Roger LaChance, Kris Hermes, Hilary McQuie, Rebecca DeKeuster

Absent: Amanda Reiman, Dax Pierson B. Changes to order of agenda: None

II. Public Comment Chuck Kingeter requested that the dispensaries publish safety procedures, including how medical cannabis is checked for contamination, and requested that this be discussed at the next MCC meeting. Debby Goldsberry informed the group that BPG had been recently served with a search warrant and that licensing is needed for cultivation. Charley Pappas concurred with concerns regarding law enforcement and the need for licensing.

III. Approval of Draft Action Minutes – 7/14/09 Motion/second DeKeuster/Hermes and approved unanimously.

IV. Staff Report/Announcements Commissioner Hermes inquired about the status of the Commission recommendations regarding the Berkeley Police Department Training and Information Bulletin. Secretary Cosin stated that she sent the recommendations to the Police Department, but that they did not support making the requested changes. The Commission requested that this be placed on a future agenda for additional discussion.

V. Discussion and Action Items

A. Interpretation of BMC 12.26, Patients Access to Medical Cannabis Act of 2008, to

allow the three authorized dispensaries to establish additional locations for

ancillary functions, not including cultivation or sale of cannabis Secretary Cosin presented the staff report, stating that staff interprets the existing definition of “dispensary” to allow the three authorized dispensaries to establish additional locations for ancillary functions such as baking, testing, and transformation into other concentrated forms provided that cultivation is not included as an allowable ancillary use and with the understanding that any ancillary uses considered under the interpretation would be required to follow normal zoning procedures. The Commission and public discussed why cultivation was not included and potential concerns with extraction. It was suggested that the MCC could address safety and operating procedures for such a use in the future.

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Secretary Cosin stated that no Commission action was needed.

B. Discussion of issues with and possible amendments to BMC 12.26, Patients Access

to Medical Cannabis Act of 2008, including definition of dispensary, regulation of

ancillary uses, and cultivation

Definition of dispensary: The Commission discussed that the purpose of amending the definition of dispensary is to resolve the problem that the definition includes collective cultivation, and thereby conflicts with state law. Motion/second McQuie /Hermes to accept the following definition for recommendation to the City Council.

"Medical cannabis dispensary" shall mean any person or entity that dispenses medical cannabis, and may also include the cultivation, storage or use of cultivates, stores or uses medical cannabis except where such cultivation, storage or use is by a patient or that patient's care giver, incidental to residential use by such patient, and for the sole use of the patient who resides there.

After discussion of concerns with the language as drafted, a friendly amendment was made and seconded (Motion/second Hermes McQuie) to substitute “collective or cooperative” for the words “person or”. Concerns were expressed by members of the public that more work was needed. Commissioner Hermes stressed the importance of the definition excluding collective and cooperative cultivation, while agreeing that other controls will be needed for such cultivation. Commissioner McQuie withdrew the motion, seconded by LaChance and substituted a motion for the following language to be used for additional discussion.

"Medical cannabis dispensary" shall mean any person or collective or cooperative entity that dispenses medical cannabis, and may also include the cultivation, storage or use of cultivates, stores or uses medical cannabis. except where such cultivation, storage or use is by a patient or that patient's care giver, incidental to residential use by such patient, and for the sole use of the patient who resides there.

Further discussion suggested including the phrase “retail” and not repeating “medical cannabis” so many times. Motion approved unanimously.

Cultivation: The Commission discussed that Measure JJ struck the numerical limits for cultivation, reviewed the language in 12.26.070, and the definition of “incidental” use included in the zoning ordinance. Debby Goldsberry stated that existing dispensaries should be allowed to cultivate one site by right and that there should be a new process for cultivation with MCC review and approval. Commissioner Hermes stated that licensing needs to be done without public knowledge of the location and suggested a threshold using the number of plants, such as a permit requirement if over a certain size. Mark Sydow stated that using numerical thresholds would be a mistake. Commissioner Hermes stated concern about large scale cultivation without limitation, stated that many people want

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collective cultivation licensed, and pointed out that South SF regulates collective cultivation. Brooklyn pointed out that numbers are meaningless because it depends on the product; she suggested watts of light as a possible metric. Commissioner McQuie pointed out that there is a difference between collective cultivation and suppliers growing for dispensaries. Barbara Coleman stated that if there is no limit, the public will be concerned. Commissioner LaChance concurred that there will be concerns about how these issues effect the larger community, especially regarding scale. Arno Hazekamp suggested that a analysis identify the upper limits needed for the community. Mark Sydow pointed out that indoor grows are limited by power restrictions.

C. Future Agenda Items Continued discussion of definition of dispensary, regulation of ancillary uses, and cultivation. Berkeley Police Department Training and Information Bulletin.

VI. Adjournment 2:05

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Schlepp, Victoria

From: Charles A Pappas [nberkhills@sbcglobal.net]Sent: Monday, October 26, 2009 1:15 PMTo: Cosin, WendyCc: Berkeley Mayor's Office; Worthington, KrissSubject: Berkeley Medical Cannabis Commission Safety & Peer Review (Wendy, please forward)

Dear BMCC, I am writing in response to Charles Kingeter's comments, some of which require clarification. While I appreciate his effort, perspective, and praise for Berkeley's existing dispensaries, I feel compelled to remind us of certain facts past and present. "The wisdom" of the police chief and "support of the BCC" is certainly questionable. Voters approved Measure R primarily to change plant limits and amounts of medicine for qualified patients when the mayor and BCC refused to do so (4/04). Also the police chief at that time suggested that there would be many cultivations of 20 plus pounds. Because of the necessity of two ballot measures, I hardly consider the city of Berkeley "a pioneer in the establishment of  regulations and standards for medical cannabis". San Francisco elected officials, city employees,  MCD owners, medical cannabis patient advocates, and interested SF citizens are better described by this phrase. I view voter support for medical cannabis in Berkeley more significant than "BMCC empowerment" by the voters. Of course I applaud the suggested safety procedures. However, I believe the BMCC and existing dispensaries should concentrate more and act faster in a variety of areas, eg the dissemination of informed relevant facts about medical cannabis to elected officials, city employees, citizens; encouraging the best possible organic medicine for the most reasonable prices; more discussion regarding patient services; cultivation issues; promoting investigation into existing and new medical treatments; and generally furthering the medical cannabis movement more rigorously.                        Respectfully yours,                          Charles Pappas 

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Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: manager@CityofBerkeley.info Website: http://www.CityofBerkeley.info/Manager

To: All City Boards and Commissions

From: Phil Kamlarz, City Manager

Submitted by: Mary Kay Clunies-Ross, City Manager’s Office

Subject: Preparations for Census 2010

INTRODUCTION Every 10 years, the U.S. Census Bureau does a headcount of everyone living in all the 50 states, Washington D.C., Puerto Rico and the Island Areas. The next census occurs in 2010, and getting an accurate picture of our community is vitally important to the City. In Fiscal Year 2010 alone, more than $4.6 million in federal aid will flow through the City of Berkeley and into our community. Schools depend on population-based funding, and political boundaries from the City to Congress are also census-based. In light of the census’ importance to the City and the community, work has begun to encourage a high rate of return for census forms, with a special focus on what the Census Bureau has identified as “Hard To Count” communities. In order to get a more accurate count, the City of Berkeley is working with the U.S. Census Bureau, Alameda County, the University of California Berkeley, and many local organizations and service agencies. The goals are to:

1. Increase awareness of the importance of the census in all Berkeley communities and neighborhoods by working with community leaders and organizations;

2. Provide logistical support to the Census Bureau, especially for the count of those in group quarters such as dorms, homeless shelters, and assisted-living facilities;

3. Increase the response rate of Berkeley residents, thereby gaining a more accurate picture of our diverse community.

CURRENT SITUATION AND ITS EFFECTS Berkeley’s response rate for the 2000 census was 70 percent. Only two Alameda County cities had lower response rates: Oakland (65 percent return) and Emeryville (59 percent). The low response rate had an impact on City residents in a variety of ways, since insufficient and inaccurate data has the potential to impact state and federal funding, emergency preparedness, City planning, and health and human services.

To increase our response rate and the quality of census data, the City is working with other local government agencies and has formed a community-based team, known as a Complete Count Committee. Extensive research has shown that “Hard To Count” communities (such as students, immigrants, minority groups and homeless residents) are more likely to fill out census forms when they hear from their own leaders and

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organizations. City staff is working with those organizations to identify barriers to census response, and strategies to overcome those barriers. The City is also working with students and administrators at the University of California Berkeley to increase census awareness and ensure an accurate count of on-campus residents.

BACKGROUND More than $300 billion in federal funding is distributed every year, based on census population data. Funding comes to Berkeley in a variety of ways:

Every year, millions of dollars in federal aid flows into and through the City of Berkeley in the form of affordable housing support, Community Development Block Grants, road construction funds, and emergency food and shelter grants;

An accurate picture of the population is essential to many City services, including city planning, emergency preparedness, and public health services;

Schools depend on federal money that is distributed on formulas based on population, including Title 1 funding and special education funding; and

The information we gather from the census is used to draw fair political boundaries and to guarantee fair representation in Congress.

The U.S. Census Bureau is launching an intensive campaign to encourage all residents to fill out their census forms when they arrive in the mail in March 2010. Census forms that are mailed in provide more accurate data than is received when a census-taker must go out to residents. However, census staff will be in neighborhoods across the country from approximately May-August of 2010 to gather information from residents who have not yet returned their forms. Different than the Census in 2000, all residents will get a “short form,” which consists of 7-10 questions about each person’s name, sex, age, date of birth, race, ethnicity, relationship and housing tenure (how long they’ve lived at that address). It does not ask for citizenship status. To improve the rate of return further, questionnaires will be available in multiple languages. Individual answers to the census form are strictly confidential. It is illegal for the Census Bureau, or any of its employees, to share personal information with any other government agency. Census workers must pass security and employment reference checks and are subject to a $250,000 fine and/or a 5-year prison term for sharing any information that could identify a respondent or household. For more information about the City’s efforts, go to www.CityofBerkeley.info/census. CONTACT PERSON Joe Lee, Census Coordinator, (510) 981-7028 Attachments:

1. Census 2010 Form (page 1) 2. Census-Dependent Funding for the City of Berkeley

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2010 CENSUS

CENSUS-DEPENDENT FUNDING FOR THE CITY OF BERKELEY

Every year, the federal government uses census data to distribute $300 billion dollars in funding for a variety of programs, including social and health services, roads and transportation, and education. Census results are also used by states, counties and other agencies to distribute funds according to where the need is the greatest. This fact sheet contains examples of some of the census-dependent funding that the City of Berkeley receives. Some of the grants, such as Community Development Block Grants (CDBG) go directly to community agencies, while other grants fund City programs such as those in Public Health.

Aid for Housing and Community Agencies For the fiscal year that begins July 1, 2009, Berkeley will receive about $4.6 million for housing and community agencies—and that’s just in one year.

HOME funds will provide $1.2 million for rehabilitation or construction of affordable housing;

CDBG funds will provide $3.2 million for housing, facilities improvements, and community services; and

Emergency food and shelter grants (ESG) will provide about $143,000 for shelter, homeless services, homeless facilities rehab and homelessness prevention.

Road Construction and Transportation The Public Works Department receives population-based grants for street and storm drain improvements, transportation-related projects, and recycling programs. These grants don’t necessarily pay for a whole project, but they are an important part of the funding picture.

Millions of dollars for street and storm drain improvements that reduce flooding and make our streets cleaner and safer;

Transportation projects that reduce air pollution, such as grants for bike parking and Bike Boulevard signs; the Construction of the Bicycle/Pedestrian Bridge over I-80 and the Bike Boulevard extension through West Berkeley; the City’s annual the Bicycle/Pedestrian Safety Education Program; and The development of the City's Bicycle and Pedestrian Plans.

The Solid Waste and Recycling Division also receives population-based grants. For example, county grants totaling $1.2 million since 1995 have helped pay for recycling public education and outreach, carts and bins, and construction materials while state grants have provided about $420,000 since 1995 for school assemblies, litter/recycling cans for parks, and recycling carts and bins.

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Public Safety

A variety of public safety grants are also distributed based on population. For example:

The State Supplemental Law Enforcement Services Fund (aka Citizens Options for Public Safety, or COPS) provides every California city at least $100,000 and often more, based on population. In recent years, Berkeley has received as much as $205,000. The funds from this grant are used for “front-line municipal police services,” including community crime prevention and juvenile justice programs. The Police Department funds a juvenile bureau counselor and police aides from these funds.

JAG (Justice Administration Grant) is a federal program based on population and crime rate. Berkeley’s last three grant allocations have been $67,366, $18,746, and $69,374. The funds from this source pay police officer overtime for directed patrol, party patrol, and other violence suppression efforts.

The JAG - Recovery Act grant, which is distributed through Alameda County, for this year is $285,168. The JAG Recovery Act funds will continue to cover overtime costs for employees assigned to crime and violence suppression activities, as well as the costs for training, equipment and other technologies associated with criminal investigations.

Public Health

Census data help us understand our community’s health and how to improve it. Census information is used to study illness and disease so that we can find the right ways to help residents live healthy lives. Having an accurate picture of the community also helps us see how different segments of the population have different health problems. With this information, we can work to make sure that everyone in Berkeley has the same opportunity to live a long, healthy life. As a local health jurisdiction, the Public Health Division’s state and federal funding is all dependent on census data. Here are Public Health’s four main program areas:

Chronic Disease Prevention, which addresses conditions such as high blood pressure, heart disease and asthma;

Youth Development, which includes programs such as the Vera Casey Teen Parenting Program and the health clinics at B-Tech and Berkeley High School;

Maternal and Child Health, which includes services to ensure healthy pregnancies and other assistance for low-income, pregnant women and low-income children under the age of five

Public Health Preparedness and Communicable Disease Control, which works on community response to communicable diseases and personal preparedness for a variety of diseases, including HIV/AIDS and pandemic flu.

This fact sheet and more is available online at www.CityofBerkeley.info/census. If you cannot access this web page, please contact Joe Lee at jhlee@cityofberkeley.info or 981-7028.

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