On Tuesday, the Contra Costa County Board of Supervisors are set to discuss an ordinance to allow both the sale and delivery of non-flavored cannabis vaping products.
According to the recommendation, Staff is urging the Board to pass the ordinance, followed by directing Contra Costa Health Services to consult with stakeholders to develop a proposed program designed to raise awareness about the dangers of youth cannabis vaping and curtail the illegal market, and return to the Board of Supervisors with a recommended program with funding by the cannabis industry
The Ordinance States:
SUMMARY. This ordinance amends Chapter 413-4 of the County Ordinance Code to allow the sale and delivery of cannabis vaping products, while continuing to prohibit the sale of tobacco vaping products, flavored tobacco products, menthol cigarettes, and flavored cannabis products
The staff report highlights a timeline of events with regards to cannabis:
- In the November 2016 election, Californians approved Proposition 64 to legalize adult recreational cannabis usage. Contra Costa voters approved of recreational cannabis usage by 60.72%
- On August 7, 2018, the Board of Supervisors adopted Ordinance No. 2018-23, an ordinance to regulate commercial cannabis activities. The ordinance required anyone engaged in commercial cannabis activities or engaged in cannabis deliveries to obtain a County health permit in addition to all other licenses and permits required by the County and the state. The ordinance established standards for the retail sale and delivery of cannabis and cannabis products.
- On November 19, 2019, the Board adopted Ordinance No. 2019-34, an ordinance to prohibit the sale of tobacco vaping products, flavored tobacco products, and menthol cigarettes.
- 6, 2022 (tentative) – would allow the sale of non-flavored cannabis vaping products by permitted cannabis retailers located in the unincorporated areas of Contra Costa County.
Since cannabis legalization in California, a number of cities in Contra Costa County have allowed recreational cannabis sales. These cities all allow the sale of cannabis vaping products. Currently, residents of the unincorporated area can purchase cannabis vaping products by going to a permitted cannabis retailer located in one of the cities which allow cannabis retail, however, they cannot purchase cannabis vaping products from a permitted cannabis retailer located in the unincorporated area.
County staff says if the proposed ordinance is not adopted, seniors and other adults will be unfairly limited by geography and mobility, reducing their access to a substance that is legal in California and available in several cities around the County. These seniors and other adults may resort to purchasing cannabis vaping products on the illicit market, increasing the risk of using unregulated and tainted products.
They also say if an intensive and focused program to curtail the sale of illegal, untested cannabis vaping products is not developed, residents of all ages will remain unaware of the dangers of illegal products, which will increase their health risks.
The proposed ordinance would continue to prohibit the sale or delivery of all tobacco vaping products, all flavored tobacco and cannabis products, and menthol cigarettes in the entire unincorporated County area. The development of a program to raise awareness about and curtail the illegal market in cannabis and tobacco vaping will continue to reduce tobacco influence on youth and the associated negative health impacts.
Staff Report:
RECOMMENDATION(S):
- CONSIDER introducing Ordinance No. 2022-28, an ordinance allowing the sale and delivery of non-flavored cannabis vaping products, waive reading, and fix December 13, 2022, for adoption.
- DIRECT Contra Costa Health Services to consult with stakeholders to develop a proposed program designed to raise awareness about the dangers of youth cannabis vaping and curtail the illegal market, and return to the Board of Supervisors with a recommended program with funding by the cannabis industry
Following the adoption of Ordinance No. 2019-34, it has become apparent that many seniors and other adults rely on cannabis vaping products for both recreational and medical reasons. Under the existing ordinance, homebound seniors and adults in the unincorporated areas cannot receive vaping cannabis products from any source. The attached ordinance, Ordinance No. 2022-28, would allow the sale and delivery of non-flavored cannabis vaping products in unincorporated areas, while continuing to prohibit the sale of tobacco vaping products, flavored tobacco products, menthol cigarettes, and flavored cannabis products in unincorporated areas. The purpose of the ordinance is to ensure that seniors and other adults who use cannabis vaping products do not use unregulated and potentially tainted products, and to address geographical equity in access to legal products. Under the proposed Ordinance No. 2022-28, residents in unincorporated areas would be able to obtain non-flavored cannabis products just like residents in cities that allow cannabis sales and deliveries.
Draft Ordinance
- Staff Report – Click here
- Draft Ordinance No. 2022-28 Clean Copy
- Draft Ordinance No. 2022-28 Redline Copy
