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Committee backs recommending exemption for long‑standing medical cannabis dispensaries transitioning to City permits

November 15, 2021 | San Francisco County, California


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Committee backs recommending exemption for long‑standing medical cannabis dispensaries transitioning to City permits
The Land Use and Transportation Committee voted Nov. 15 to forward to the full Board a mayor‑sponsored ordinance that would exempt long‑standing medical cannabis dispensaries from a Planning Department public hearing when they transition from a Public Health Code Article 33 medical permit to an Article 16 police‑code cannabis retail permit.

Acting Director John Pierce of the Office of Cannabis told the committee the change is largely administrative: many of the businesses at issue predate Proposition 64 (2016) and have operated under temporary adult‑use licenses issued by the Office of Cannabis while retaining medical permits under Article 33 of the Public Health Code. Pierce said the office supports the exemption because Planning Department staff reviewed the proposal, the transition does not represent a substantive operational change for these businesses, and the Article 16 process requires community outreach and a mandatory good‑neighbor policy that the Office of Cannabis will review and approve.

Pierce described the Article 16 outreach as requiring applicants to notify owners and occupants within 300 feet in all languages required by the city, hold a community meeting, and provide a designated staff contact as a community liaison. Ray Law of the Office of Cannabis added that the approved good‑neighbor policy will be a living document the office can use to follow up if businesses fail to meet conditions.

Planning Department staff, represented by Aaron Starr, explained how the Article 16 process differs from the city’s 311 discretionary review: the 311 notice covers owners and occupants within 150 feet and triggers a 30‑day discretionary review period that can bring an item before the Planning Commission. Starr said the Office of Cannabis process has a wider notice radius and includes a mandatory community meeting and required plan review, and he described enforcement mechanisms available to the Office of Cannabis if a business does not abide by its approved good‑neighbor policy.

There was no public comment on this item during the committee meeting. Supervisor Preston moved and the clerk called the roll; Supervisors Peskin, Preston and Melgar recorded aye votes and the committee passed the motion recommending the ordinance to the full Board.

Next steps: the ordinance is scheduled to appear on the full Board of Supervisors agenda on Nov. 30 unless otherwise stated.

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