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a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public hearing held on April 25, 2018 to discuss marijuana laws, education and enforcement

From Donna P. Lopez, City Clerk·Council meeting May 14, 2018·19 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

ATTACHMENT A PUBLIC SAFETY COMMITTEE COMMITTEE MEETING ~AGENDA ~ 4:00 PM Wednesday, April 25, 2018 Ackermann Room CALL OF THE MEETING The Public Safety Committee will conduct a public hearing to discuss marijuana laws, education and enforcement. PUBLIC COMMENT INTRODUCTION AND PRESENTATION Councillor Kelley will provide an introduction and presentation on marijuana, focusing on the laws, education and enforcement. GENERAL DISCUSSION General discussion with interested parties and stakeholders ADJOURNMENT cambridgema.gov City of Cambridge Last Updated: 4/23/2018 1:25 PM
ATTACHmENT B Marijuana Use: Education and Enforcement Cambridge Public Safety Committee 25 April, 2018
Medical and Adult Recreational Use Marijuana is legal in Massachusetts And its legality is in flux all over the nation MORML CANNABIS LAWS OF AMERICA ME VT FED NH ND MT MA MN OR NY WI SD RIE ID MI Under 21yo. WY CT 5n PA IA OH NE NJ NV 2ng IN IL UT 2ng WV VA DE CA CO KY 48hrs MO KS MD TN DC SC OK AR NM AZ GA State Marijuana Laws AL 24 hirs MS 24hrs AK 13 Decriminalization States TX LA HI FL 16 Medical Marijuana Statos 6 Medical and Decrim States State Driving Under the Influence of Drugs (DUID) Laws • Delected THC in Blood • Demonstratoo Imoal mon: Any THC in Blood •Delected Metabolites DUID ions miake Fath preheatre veh → in to Palients, • TE 1A313500N JBE 10T задана я 625 м cs Don't do ANYTHING based on this map!!! But the federal government has not made it legal, so crossing state lines, banking and similar issues are, at best, complicated
Challenges in the new legal landscape Marijuana is now a legal business in Massachusetts. A legal BIG business.
Tested and Vetted Marijuana may be safer "Witnesses reported seeing victims lying on the pavement, shaking and leaning against trees and fire hydrants. In total 33 people were taken to hospital with non-life-threatening injuries, police said. It was not immediately clear what drugs the victims had ingested, but police said some of the victims had been smoking K2, also known as synthetic marijuana." MetroUK, 13 July 2016
And medical marijuana is an approved use in Massachusetts and many other states But marijuana use and possession still have many legal limitations and it is important to be intentional about how Cambridge authorities, and others, address related issues Cambridge Police Department Cambridge School Department Cambridge Public Health Department Cambridge Housing Authority Human Resources Universities- Harvard, MIT, Lesley State Agencies- MBTA, State Police, DCR.....
It's available in many forms Gummies Chocolate bars Oils and Tinctures
And, with some limits, it can be grown at home And if properly secured, carried in your car GRAPEGUD 100-19
BUT....
While smoking and possession of marijuana are legal in theory if over 21 In fact, smoking marijuana is NOT legal in a lot of places in Cambridge • Streets • Parks • Sidewalks • Public buildings • Restaurants • Sidewalk cafes
And even where it's legal, smoking marijuana may not be allowed. Property owners have a lot of say in where people can't smoke marijuana (or cigarettes) and eviction could result in some cases • Condos • Apartment buildings • Private apartments • My house
How to identify people smoking in public? Or driving while impaired?
Or being under 21?
So-among other things, we have to figure out • What guidance should we give CPD for enforcement Enforcement is likely to be racially imbalanced, given overall history of marijuana enforcement and disproportionate inability of minorities to find legal space to smoke Should we create legal smoking spaces Licensed? Public open space? • How should we address smoking by under 21 year olds? • What kind of public service messaging do we want to do Health effects Being rude OTHER?
And to end on an upbeat note......
ATTACHMENTC Lopez, Donna From: Lipson, Sam <[email removed]> Sent: Friday, April 27, 2018 4:38 PM To: Lopez, Donna Subject: Public Health Concerns related to Recreational Marijuana Establishments Attachments: Public Health concerns regarding local marijuana establishments in Cambridge.docx Hi Donna. So sorry I didn't get these notes to you before the meeting. We actually didn't know when/if the meeting was being held, so it was a little hectic getting prepared for it. Sam Sam Lipson MS REHS Director of Environmental Health Cambridge Public Health Department 119 Windsor Street, Lower Level Cambridge, MA 02139 [phone removed]/ [email removed] The information transmitted in this electronic communication, including all contents enclosed and/or attached, is intended only for the person or entity to whom it is addressed and may contain material that is confidential, privileged or otherwise protected from disclosure. Any review, re-transmission, copy, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this information in error, please contact the sender and properly destroy this communication and all copies thereof.
Public Health concerns regarding local marijuana establishments in Cambridge Nuisance odor generated by processing and packaging (or repackaging) flower product on-site. From experience it appears quite difficult to fully contain these very strong odors even with the use of air filtration technologies. The volatile (odorous) chemicals that off-gas from the cannabis flower product is discernable to the nose at a very low concentration, even if there are no known health consequences from such a small exposure. This issue might be addressed in the follow ways: 1. Host Community Agreement: Prohibition of all processing, packaging and re-packaging of cannabis flower product on-site. Most establishments have production facilities or receive product from production facilities that are well out of the densely populated parts of the state. Packaging on-site would most hkely be advantageous for any establishment that experiences a short-fall of a specific package size or strain of cannabis flower. Zoning: Identifying specific areas within commercially zoned districts that are less dense (greater distances between buildings) to allow processing or repackaging could address the worst consequences of on-site odor generation. A buffer requirement could mitigate the impact of odor nuisance (perhaps 100 feet), but would not eliminate the possibility or nuisance if there is a large scale of processing or packaging underway. II) Consumer education requirements in the current state legislation are reasonably strong, but do not specify content or messaging that should be offered to all customers. The State does not mandate collaboration or sign-off from local public health departments on the materials being distributed. Host Community Agreement: There is a compelling benefit to co-development of cannabis educational materials, in cooperation with the regulated sector so that there is consistency of information across all establishments in Cambridge. There are excellent examples of concise printed materials developed in CO and other states where cannabis legalization has already taken place. This material might address the following topics, although we would seek further input on the scope of content: • Risks of cannabis ingestion, improper dosing, and concerns for vulnerable groups (children) that may gain access to edibles. • Impairment risks to individuals driving or engaged in other activities that demand • Emotional and behavioral risks, regardless of intake method on short and long- term basis. • Long-term chronic disease risks from cannabis consumption by intake method. • How to talk to kids about messages (intended or not) that arise from legalization.
Further measures that have been considered by other MA municipalities. Such authority would need to be enacted locally via public health regulation or ordinance. It is possible that some or all of these are directly or indirectly covered by the MA regulations (935 CMR 500 - Adult Use of Marijuana) 1) Local permit gives City more leverage to assure adherence to other local ordinances and regulations II) Pending State determination, local regulations could assure that local municipalities have the right to engage in youth access enforcement. III) Local permitting for home cultivation within allowable limits (6 plants per individual; 12 plants per household, no State permit needed for this) IV) More stringent or specific public meeting notification requirements than those found in the State regulation V) Prohibition on Free Distribution or Coupon Redemption VI) Out-of-Package Sales VII) Self-Service Displays VIII) Vending Machines IX) Cannabis Paraphernalia (limiting sales to Cannabis establishments)
• ATTACHMENT I Lopez, Donna From: Augustus Colangelo < [email removed]> Sent: Friday, April 20, 2018 4:22 PM To: Lopez, Donna Subject: marijuana Marijuana use in our Cambridge parks is a big problem, and will get worse after the legalization. My home is at the edge of Hoyt field, and near-daily in the spring/summer/fall, my home is inundated by the smell of marijuana smoke from people sitting on a bench in Hoyt field adjacent to the fence. It is nearly intolerable for me, and worse for my kids, who are 16 months old and 6 years old. As far as I can tell, there has never been any enforcement of the smoking ban in the park, and it is a real problem. Gus