On Tuesday, the Contra Costa County Board of Supervisors agreed to allow for the the sale and delivery of non-flavored cannabis vaping products. They also will develop a program to raise awareness about the dangers of youth cannabis vaping and aim to curtail the illegal market.
The action was approved in a split 3-2 vote with Supervisors Diane Burgis, John Gioia, and Karen Mitchoff voting yes. With Supervisors Candace Andersen and Federal Glover dissenting.
Supervisor Diane Burgis, who introduced the ordinance, explained what this ordinance does and does not.
“What this ordinance does not do is change our ban on tobacco vaping products, doesn’t change our ban on flavored products, there has been new laws passed on the state level that has things that are restrictive… what ordinance does do is allow the sale of one particular set of cannabis products which are already sold in many of the cities in Conta Costa County and nearly available to purchase in every other part of the state that is approved cannabis sales,” said Burgis. “As we were exploring this, I had addressed those who were using it for medical purposes the most precise way to access the benefits of cannabis is through a vaping product, if you are smoking it or ingesting it, you can underuse or overuse it for what you want it for.”
Burgis continued.
“I am bringing it back for this very specific thing to allow vaping products to be sold,” stated Burgis who said they aimed to give people a way to get safe products. “I am interested in making sure that enforcement is done, prevention is done, but want to allow those folks who need to be able to use this product that helps improve their lives, help them with their health to be able to access that product.”
Supervisor Candace Andersen highlighted the staff report did not take a position on this ordinance and if they should expand vaping.
Ori Tzvieli, MD, Contra Costa Health Officer, called this a complex issue that medical cannabis does have some benefits to patients, while on the other side, they have “real concerns” including with the youth.
“We are hearing more from the schools that their preferred method is vaping because it’s easy to conceal and doesn’t have much of a smell so they can get away with it more,” said Tzvieli who explained they are planning to work with the schools to do prevention.
Supervisor Federal Glover asked if this was being a recommended action by the Health Department.
“No, this action did not come from the health department,” stated Tzvieli.
“I am just curious as to why we think because of certain situations, that the county should participate in it. People have access to it, so why should the county condone the sale of it within unincorporated areas instead of sending a better message to youth,” said Glover.
“We do believe in the health department the more protective message is to not sell these products at this point,” said Tzviel which cited concerns from the medical community and mental health community and addiction community. He said it’s a balance for older people and those with medical conditions to use them versus everyone else, including accessibility to the youth.
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.
“I am making a call out to the cannabis industry and advocates, show up with your pocketbook, because we need to work on being really bold with prevention,” said Burgis.
Board Discussion
After Public Comments, Burgis made the motion but within her motion requested they get an actual from County Health of what they would like to do for prevention and enforcement type of action. She asked to bring back a prevention plan by February 2023.
Gioia supported the item while saying youth consumption of tobacco and cannabis was something they strongly want to prevent saying there was no disagreement there.
Andersen called for an education component but was not supportive of removing and amending the ban on vaping products.
Glover said there was a need to continue to educate people about vaping, but it does not coincide with they would lift the ban. He said the county would be sending a “confusing” message to the county residents.
“We clearly took a leadership position in 2019 when we had a number of our students throughout our county come before us and ask us for the leadership to put this ban in place, “said Glover. “I am not going to turn away from that, I think its important that we listen to our youth when they cry out and ask for our help. I think even when we look at what is going on in cities, sometimes those cities are looking for the leadership that this board has provided over a number of issues. I don’t think this is the time to turn back good leadership and policy decisions that talk about the health of welfare of youth and adults.”
He urged them to keep the ban in place and called it a disservice to youth when they go back on what they seen in leadership.
Burgis stated in 2016, 60% of cities in Contra Costa County approved cannabis use and in a study in 2019-20, 22% of adults were using cannabis products. She said the big worry about vaping was the dangers and she believed, just like alcohol and tobacco, there isn’t a black market of unsafe products.
“I would much rather have a safe product out there and prevent people from using it rather than the black market creating something that has a market,” said Burgis. “That is really why I am going here.”
The board then voted 3-2 with Andersen and Glover dissenting.
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