South Lake Tahoe City Council vote on cannabis ordinance changes delayed until next meeting

SOUTH LAKE TAHOE, Calif. - All night meetings of the South Lake Tahoe City Council must end at 10 p.m. unless voted on unanimously by the council members to go late. During their November 21 meeting, an extra-long consent agenda discussion pushed the final agenda item, a vote on proposed cannabis ordinance changes up to 10 p.m. without a vote.

Council member Scott Robbins pulled out numerous consent agenda items and asked for not only discussion and questions but also for a staff presentation which is not normally the case. He asked for items 4, 5, 7, 13, and 16 to be pulled. These items were the annual reports on the City's commissions and committees, an extension of the "Lease to Locals" program, and an update to the Heavenly Parking Agreement, all of which were contained in the agenda as written items.

The extra presentation pushed the meeting back about an hour, leaving no time to finish up the final item, agenda item 24, the proposed changes to the Cannabis Ordinance.

Mayor Cristi Creegan explained her ending of the meeting the following day on social media, stating Robbins' extra discussion requests took away an hour of other agenda item discussion.

Cannabis Ordinance

There has been a Cannabis Ordinance in place in South Lake Tahoe since 2019. At that time there was one medicinal marijuana business (Tahoe Wellness), and after the ordinance was approved, other retail and micro businesses came on board - Embarc Tahoe, Cannablue, Tahoe Green, and Redefining Organics.

In August, Councilmember John Friedrich asked that an item come forward that would amend the Cannabis Ordinance to allow on-site consumption at permitted retailers and microbusinesses with a retail component. This failed to pass when the Council last voted on the same item in 2022, stating concerns about allowing onsite consumption as there were no robust alternative transportation options available for customers who may become impaired, and there were no measurable limits for testing cannabis impairment while driving, unlike alcohol. There still are not, but the item came up again and went before the Planning Commission in September which recommended amending the ordinance.

The update also includes medicinal cannabis delivery. Starting Jan. 1, 2024, SB1186 prohibits cities from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to patients or caregivers. Specifically, SB 1186 prohibits regulations that limits the number of businesses authorized to deliver medicinal cannabis in the city, limits the operating hours of medicinal cannabis businesses, limits the number or frequency of medicinal cannabis sales by delivery, limits the types or quantities of medicinal cannabis, or requires the establishment of a physical premises within the city.

Proponents of the change state cannabis users need a safe place to use it without judgment. Most lodging properties, beaches, and ski slopes do not allow cannabis use, and an onsite consumption location would allow them to use it in South Lake Tahoe. Also, some said parents want to be able to use cannabis away from the eyes of their children, something a lounge would provide.

There is a set of rules a consumption lounge would have to follow that include:

- Must have a state license as a cannabis retailer or microbusiness with a retail component
- Access is restricted to customers aged 21 and up
- No alcohol or tobacco may be sold or consumed on the premises
- Consumption of cannabis cannot be visible from a public place or non-restricted area
- Hours of consumption operation to end by 2:00 a.m. with sales to end by 10:00 p.m. as required by state law

Discussion among the council members, and a vote, should take place at their next meeting. Public comment took place during the Tuesday meeting.