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Chapter 5 — ADVISORY BODIES AND COMMISSIONSArticle XXXVIII

§ 5.38

San Francisco Administrative Code · 2026-08 edition · updated 2026-09-09 · San Francisco

SEC. 5.38-1. CREATION OF ADVISORY COUNCIL.

The Board of Supervisors (“Board”) hereby establishes the Cannabis Advisory Council, as an Advisory Body as defined in Section 5.1-1 (“Council”).

(Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

SEC. 5.38-2. DEFINITIONS.

Terms not defined in this Article XXXVIII shall have the meaning attributed to them in Police Code Section 1602. (Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

SEC. 5.38-3. PURPOSE.

In 2018, the City enacted Police Code Article 16 to comprehensively regulate Commercial Cannabis activities, including the implementation of an Equity Program to promote equitable ownership and employment opportunities in the Cannabis industry by lowering barriers for those hit hardest by the War on Drugs. The purpose of the Council is to 1) convene representatives of Cannabis Business operators, workers, patients, and other key stakeholders in the Cannabis industry to oversee the Office of Cannabis’ implementation of Police Code Article 16 by evaluating data on the industry’s growth; and 2) provide guidance and recommendations to the Board on amendments to local laws and regulations, including those governing the Equity Program, to facilitate socially responsible growth of this new industry by creating living wage jobs and economic opportunities consistent with the Board’s intent in adopting Police Code Article 16.

(Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

SEC. 5.38-4. MEMBERSHIP.

The Council shall consist of nine voting members and six non-voting members, as follows (seats 1 through 6 being non-voting members):

  • (a) Seat 1 shall be held by the Director of the Department of Public Health or the Director’s designee.

  • (b) Seat 2 shall be held by the Chief of the Police Department or the Chief’s designee.

  • (c) Seat 3 shall be held by the Director of the Department of Building Inspection or the Director’s designee.

  • (d) Seat 4 shall be held by the Director of the Planning Department or the Director’s designee.

  • (e) Seat 5 shall be held by the Executive Director of the Entertainment Commission or the Executive Director’s designee.

(f) Seat 6 shall be held by the Chief of the Fire Department or the Chief’s designee.

(g) Seat 7 shall be held by an Owner of a Cannabis Business permitted through the Equity Program, appointed by the Board. If there are no Equity Applicant permit-holders who apply for the seat, then the Board may appoint a person who, at the time of the appointment, is an Equity Applicant, as that term is defined in Police Code Subsection 1604(b).

(h) Seat 8 shall be held by the operator of a Cannabis Cultivation, Manufacturing, or distribution business with fewer than 20 employees at the time of appointment, appointed by the Board.

(i) Seat 9 shall be held by a representative of organized labor who works with the Cannabis business labor force, appointed by the Board.

  • (j) Seat 10 shall be held by a representative of organized labor who works with the Cannabis delivery service labor force, appointed by the Board.

  • (k) Seat 11 shall be held by an Owner of a Storefront Cannabis Retailer, appointed by the Board.

  • (l) Seat 12 shall be held by a person who, at the time of the appointment, is an Equity Applicant, as that term is defined in Police Code Subsection 1604(b), appointed by the Board.

(nn)1 Seat 13 shall be held by a person with demonstrated subject matter expertise on the State of California’s Cannabis laws and regulations, appointed by the Board.

(oo)1 Seat 14 shall be held by a person with significant experience in workforce and economic development, appointed by the Board.

(o) Seat 15 shall be held by a person who has been a Medicinal Cannabis patient or Medicinal Cannabis consumer for at least five years, with an extensive history advocating for Medicinal Cannabis patients or involvement in implementing and running a Cannabis compassionate use program in compliance with the Compassionate Use Act of 1996, appointed by the Board.

(Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

CODIFICATION NOTE

  1. So in Ord. 99-26.

SEC. 5.38-5. ORGANIZATION AND TERMS OF OFFICE.

(a) Notwithstanding the term limits that generally apply to Advisory Bodies under Section 5.1-4, voting members shall serve two-year terms. No individual shall serve more than six terms as a member of the Council. A part of a term that exceeds one year shall count as a full term; a part of a term that is one year or less shall not. Notwithstanding the preceding sentence, the current term of any person serving on the Council on January 1, 2027 shall count as a full term if the person serves more than one year of that term. Terms completed on or before December 31, 2026 shall not count as a term for the purpose of the lifetime term limit.

(b) City departments shall respond within 30 days to requests for information submitted by the Council set forth in Administrative Code Subsections 2A.420(b)(7)(A)-(J), if available, and any other reasonable requests for information

submitted by the Council relevant to its ability to discharge its powers and duties, provided that the disclosure of such information shall not be required where it would violate Federal or State law.

(c) The Office of Cannabis shall prepare and submit to the Council a report as set forth in Administrative Code Section 2A.420.

(d) The City Administrator shall provide administrative and policy support for the Council. (Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

SEC. 5.38-6. POWERS AND DUTIES.

The Council shall have the power and duty to:

(1) Advise on the Office of Cannabis’ implementation and enforcement of City laws and regulations relating to Cannabis, by convening stakeholders, gathering data, and advising the Board and the Mayor.

(2) Gather and evaluate data, and report to the Board and Mayor, regarding the effectiveness of City laws and regulations relating to the Police Code Section 1604 Equity Program in fostering equitable access to participation in the Cannabis industry and providing assistance to communities unfairly burdened by the War on Drugs.

(3) Gather and evaluate data, and report to the Board and Mayor, on the overall health and stability of the Cannabis industry in San Francisco and make recommendations on possible ways the City can help the industry grow and prosper.

(4) Recommend to the Board modifications to City laws and regulations relating to Cannabis, including recommendations to maximize the creation of living wage jobs and economic opportunities for communities hit hardest by the War on Drugs. Where appropriate, the Council’s recommendations shall include draft legislation or regulations.City laws and regulations relating to Cannabis, including recommendations to maximize the creation of living wage jobs and economic opportunities for communities hit hardest by the War on Drugs. Where appropriate, the Committee’s recommendations shall include draft legislation or regulations.

(b) As an advisory committee, the Committee shall not have authority to hire, fire, or evaluate personnel in the Office of Cannabis, and shall not have authority over decisions by the Office of Cannabis to issue, deny or modify permits.

(Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

SEC. 5.38-7. SUNSET DATE.

Unless the Board by ordinance extends the term of the Council, this Article XXXVIII shall expire by operation of law, and the Council shall terminate, on January 1, 2027. In that event, after the sunset date, the City Attorney shall1 is authorized to cause this Article XXXVIII to be removed from the Administrative Code.

(Added as Sec. 5.38-8 by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 200-21, File No. 210935, App. 11/5/2021, Eff. 12/6/2021; Ord. 6-25, File No. 241088, App. 2/7/2025, Eff. 3/10/2025, Retro. 1/1/2025; amended and redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) CODIFICATION NOTE

  1. So in Ord. 6-25.

SEC. 5.38-8. [REDESIGNATED.]

(Added by Ord. 260-18, File No. 180800, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 200-21, File No. 210935, App. 11/5/2021, Eff. 12/6/2021; Ord. 6-25, File No. 241088, App. 2/7/2025, Eff. 3/10/2025, Retro. 1/1/2025; redesignated by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

ARTICLE XXXIX: CHILDREN, YOUTH AND THEIR FAMILIES OVERSIGHT AND ADVISORY COMMITTEE

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Contents — San Francisco Administrative Code
San Francisco Administrative Code
  1. Chapter 1 — GENERAL PROVISIONS
  2. Chapter 2 — BOARD OF SUPERVISORS
  3. Chapter 2A — EXECUTIVE BRANCH
  4. Chapter 2B — ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
  5. Chapter 3 — BUDGET PROCEDURES
  6. Chapter 4 — CITY BUILDINGS, EQUIPMENT, AND VEHICLES
  7. Chapter 5 — ADVISORY BODIES AND COMMISSIONS
  8. Chapter 6 — PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
  9. Chapter 7 — DISASTER COUNCIL
  10. Chapter 8 — DOCUMENTS, RECORDS AND PUBLICATIONS
  11. Chapter 9A — FARMERS' MARKET
  12. Chapter 9B — FLEA MARKET
  13. Chapter 10 — FINANCE, TAXATION, AND OTHER FISCAL MATTERS
  14. Chapter 10A — [REQUEST FOR SHERIFF’S SERVICES]
  15. Chapter 10B — SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
  16. Chapter 10C — REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
  17. Chapter 10E — PLANNING MONITORING
  18. Chapter 10F — 1660 MISSION STREET SURCHARGE
  19. Chapter 10G — BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
  20. Chapter 10H — RECOVERY OF COSTS OF EMERGENCY RESPONSE
  21. Chapter 11 — FRANCHISES
  22. Chapter 12 — HOUSING AUTHORITY
  23. Chapter 12A — HUMAN RIGHTS COMMISSION
  24. Chapter 12D — MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
  25. Chapter 12E — BAN ON CITY USE OF GAS-POWERED LANDSCAPING EQUIP…
  26. Chapter 12F — IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN …
  27. Chapter 12H — IMMIGRATION STATUS
  28. Chapter 12I — CIVIL IMMIGRATION DETAINERS
  29. Chapter 12L — PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROF…
  30. Chapter 12M — PROTECTION OF PRIVATE INFORMATION
  31. Chapter 12N — LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND …
  32. Chapter 12S — WORKING FAMILIES CREDIT PROGRAM
  33. Chapter 12Y — SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE
  34. Chapter 13 — JAILS AND PRISONERS
  35. Chapter 14A — DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
  36. Chapter 14B — LOCAL BUSINESS ENTERPRISE UTILIZATION AND NONDIS…
  37. Chapter 14C — [EXPIRED]
  38. Chapter 15 — MENTAL HEALTH SERVICE
  39. Chapter 16 — OFFICERS AND EMPLOYEES GENERALLY
  40. Chapter 17 — PUBLIC OFF-STREET PARKING FACILITIES
  41. Chapter 18 — PAYROLL PROCEDURE
  42. Chapter 19 — PUBLIC SAFETY CAMERA ORDINANCE
  43. Chapter 19A — PUBLIC HEALTH
  44. Chapter 19B — ACQUISITION OF SURVEILLANCE TECHNOLOGY
  45. Chapter 20 — SOCIAL SERVICES
  46. Chapter 21 — ACQUISITION OF COMMODITIES AND SERVICES
  47. Chapter 21A — HEALTH-RELATED COMMODITIES AND SERVICES
  48. Chapter 21B — CORE INITIATIVES ADDRESSING HOMELESSNESS, DRUG O…
  49. Chapter 21D — FOOD PURCHASES AT HOSPITALS OPERATED BY THE DEPA…
  50. Chapter 21E — GOODS OR SERVICES CONTRACTS FOR INCARCERATED PER…
  51. Chapter 21F — SAN FRANCISCO PUBLIC UTILITIES COMMISSION SOCIAL…
  52. Chapter 21G — GRANTS
  53. Chapter 21H — PROCUREMENT OF FIREARMS AND AMMUNITION
  54. Chapter 22 — RADIO COMMUNICATION FACILITIES
  55. Chapter 22A — INFORMATION AND COMMUNICATION TECHNOLOGY
  56. Chapter 22B — TELECOMMUNICATIONS FACILITIES
  57. Chapter 22C — PUBLIC INTERNET ACCESS
  58. Chapter 22D — OPEN DATA POLICY
  59. Chapter 22E — CITY-OWNED FIBER-OPTIC FACILITIES
  60. Chapter 22G — OFFICE OF EMERGING TECHNOLOGY
  61. Chapter 22H — DESIGNATION UNDER HEALTH INSURANCE PORTABILITY A…
  62. Chapter 22I — OFFICE OF CYBER SECURITY AND DUTIES OF THE CHIEF…
  63. Chapter 22J — ARTIFICIAL INTELLIGENCE TOOLS
  64. Chapter 23 — REAL PROPERTY TRANSACTIONS
  65. Chapter 23A — SURPLUS PUBLIC LANDS ORDINANCE
  66. Chapter 24 — REDEVELOPMENT AGENCY
  67. Chapter 24A — ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT P…
  68. Chapter 25 — STREET LIGHTING
  69. Chapter 26 — [RESERVED]
  70. Chapter 27 — HEALTHY NAIL SALON RECOGNITION PROGRAM
  71. Chapter 28 — ADMINISTRATIVE DEBARMENT PROCEDURE
  72. Chapter 29 — FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
  73. Chapter 29A — APPROVAL OF POWER PLANT; PLANNING CODE SEC. 303(q)
  74. Chapter 29B — CHILD CARE FEASIBILITY STUDY FOR CITY AND CITYFU…
  75. Chapter 30 — CENTRALIZATION OF WORKFORCE DEVELOPMENT
  76. Chapter 31 — CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES A…
  77. Chapter 32 — RESIDENTIAL REHABILITATION LOAN PROGRAM
  78. Chapter 33 — COMMISSION ON THE STATUS OF WOMEN
  79. Chapter 33A — LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVE…
  80. Chapter 34 — NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLAS…
  81. Chapter 35 — RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PRO…
  82. Chapter 36 — COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
  83. Chapter 37 — RESIDENTIAL RENT STABILIZATION AND ARBITRATION OR…
  84. Chapter 37A — RENT STABILIZATION AND ARBITRATION FEE
  85. Chapter 37B — MIDTOWN PARK APARTMENTS
  86. Chapter 38 — COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATI…
  87. Chapter 39 — [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
  88. Chapter 40 — HOUSING CODE ENFORCEMENT LOAN PROGRAM
  89. Chapter 41 — RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
  90. Chapter 41A — RESIDENTIAL UNIT CONVERSION AND DEMOLITION
  91. Chapter 41B — COMMUNITY OPPORTUNITY TO PURCHASE ACT
  92. Chapter 41C — TIME-SHARE CONVERSION ORDINANCE
  93. Chapter 41D — RESIDENTIAL HOTEL VISITOR POLICIES
  94. Chapter 41E — RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
  95. Chapter 41F — TOURIST HOTEL CONVERSION
  96. Chapter 41G — RESIDENTIAL HOTEL COVID-19 PROTECTIONS
  97. Chapter 42 — [RESERVED]
  98. Chapter 43 — MUNICIPAL FINANCE LAW
  99. Title 1 — GENERAL PROVISIONS AND DEFINITIONS
  100. Title 2 — FINANCING RESIDENCES
  101. Title 3 — BONDS
  102. Title 4 — SUPPLEMENTAL PROVISIONS
  103. Title 1 — GENERAL PROVISIONS AND DEFINITIONS
  104. Title 2 — FINANCING FACILITIES
  105. Title 3 — BONDS
  106. Title 4 — SUPPLEMENTAL PROVISIONS
  107. Title 1 — GENERAL PROVISIONS
  108. Title 2 — PROVISIONS RELATING TO FORMATION OF DISTRICTS
  109. Title 3 — PROVISIONS RELATING TO BONDS
  110. Title 4 — SUPPLEMENTAL PROVISIONS
  111. Title 5 — CHANGE PROCEEDINGS
  112. Title 1 — GENERAL PROVISIONS AND DEFINITIONS
  113. Title 2 — RESIDENCES
  114. Title 3 — BONDS
  115. Title 4 — SUPPLEMENTAL PROVISIONS

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