San Francisco County Municipal Code Art. XXXVIII Cannabis 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)

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)

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)

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.

(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)

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)

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.

(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)