Another step towards South Lake Tahoe cannabis ordinance

SOUTH LAKE TAHOE, Calif. - There will be an ordinance regulating the retail sale of cannabis in South Lake Tahoe, that is certain, but when it will be in place is uncertain.

During a special meeting of the South Lake Tahoe City Council Tuesday afternoon and evening, several areas were discussed from zoning to processes, and many were narrowed down enough so the acting City Attorney, Sergio Rudin, can bring a draft back at the April 17 council meeting. If there are no major changes that document can be voted on as a "first reading" with an ordinance 30 days later.

Rudin was there in place of Nira Doherty due to a conflict in her schedule. Rudin, or anyone else in the same firm where Doherty is a partner, Burke, Williams & Sorensen, LLP, can fill in when necessary. Besides being the city attorney for South Lake Tahoe she is also the assistant city attorney for the cities of St. Helena and Pacifica.

There was a full council chambers, as is the case with every meeting centered around the subject of cannabis, most with something to say.

Two staff presentations kicked off the meeting, one by Development Services Director Kevin Fabino on zoning, including where cannabis businesses can be opened and why, and one by Police Chief Brian Uhler. Uhler spoke of public safety concerns when retail sales are open in South Lake Tahoe. He is in favor of starting slow with more controls giving lower risk to the public. As a quick fix to give people access to cannabis, he suggested allowing outside commercial delivery services being allowed to come to SLT as they work out the ordinance. Uhler said he agreed with the sub-committee's report to take things slow, allow for a locally healthy, responsible and regulated industry, and recognize that it is easier to add licenses and expand opportunities than to take them away.

The Cannabis Subcommittee led by Mayor Pro Tem Tom Davis and Councilmember Brooke Laine met with their work group who volunteered over 24 hours this winter, coming up with a document they could all live with that outlined findings and direction for the City. There was question Tuesday as to why their recommendations weren't being used as the document the council could work off of.

"Our recommendations were the culmination of significant, thoughtful analysis in consultation with lawyers, law enforcement, industry experts, healthcare providers, educators, parents and community leaders," cannabis subcommittee spokesperson David Orr told the Council with many members of that group standing behind him.

He urged the Council to consider their recommendations and not dismiss them as many of them felt was happening, and he also asked that they be part of discussions as the ordinance is crafted.

The committee was consensus based and not all members agreed with all recommendations, but all decisions could be lived with by all members. Later in the meeting, working group member Christy Wilson interacted with the Council as they weeded down the options.

The working groups recommendations can be seen HERE.

Micro-businesses will be outlined in the ordinance. Cody Bass, Executive Director of Tahoe Wellness Cooperative (TWC), the only medical marijuana business currently operating in South Lake Tahoe, said his company has already been operating as a micro-business for nine years with no issues. Having multiple license types in one location would make up these businesses should they be allowed in the ordinance.

Bass asked the Council to let TWC be the first and in return they'd give $250,000 to each of four unidentified nonprofits in a year.

Cannabis attorney Dale Schafer told council there is an illicit industry of cannabis sales already in town. "If you want to lower the illegal footprint you need to increase legal industry," said Schafer.

Kelsey Magoon, Project Coordinator for the South Tahoe Drug Free Coalition, spoke before the Council for the Community Health Advisory committee, Lake Tahoe Unified School District as well as the coalition. She was also a members of the sub-committee working group but spoke for these other groups.

"We believe in starting small and going slow, get data, and see what is working and not working," said Magoon. "We are against on-site consumption which could increase DUIs, want 1000 foot buffer around schools and to think of bus stops, parks, and events [for a buffer]. Put a limit on the amount of THC on products sold. Tourists from out of town won’t have experience and could overdose."

She said youth and others need to be educated on the effects of cannabis, especially those under 25 whose brains are still developing.

Rudin will be bringing back a document that includes the following:

The number of recreational marijuana retail locations. The magic number is "up to three."

For the first year, no micro-businesses allowed.

Much discussion surrounded development agreements verses permits, and how they'd be affected should a tax come before the voters in November. At this time development agreements would be allowed and special use permits would be required.

Council discussed the process in which applicants would be vetted for the available licenses. They could have chosen "first come, first served" but would like to see a merit based system that give special treatment to locals. Background checks would be necessary.