Law and Legislation Committee Meeting - February 6, 2024

The Law and Legislation Committee met on Tuesday, February 6, 2024, from 10:00 a.m. to 11:00 a.m. in the City Hall Council Chamber. The meeting included a consent calendar item and a single discussion item focused on a councilmember proposal to regulate intoxicating hemp-derived products. After presentations, public testimony, and committee deliberation, the committee voted unanimously to direct staff to develop a plan and return with options, including an update by summer 2024.

Consent Calendar

• Item 1: Law and Legislation Log (File ID 2023-01662) – Approved unanimously by a motion from Councilmember Guerra, seconded by Vice Mayor Maple. No items were removed for separate consideration.

Public Comments & Testimony

Eight members of the public spoke on Item 2 (hemp regulation). Their positions are summarized below:

• Tisha Aguilar (CEO of Native Sisters Circle, mother of three) – Expressed urgent concern for youth protection, citing the American Academy of Pediatrics and CDC warnings about THC effects on cognitive development and the risk of dependency.
• Eric Henry (owner of Unity Health Center, Susanville) – Opposed a city ordinance, arguing that the state should enforce existing laws. Stated that compliant businesses follow federal and state regulations (0.3% THC limit, lab testing, permits). Requested state compliance checks instead of city action.
• Mike Duncan (Executive Director of Native Dads Network) – Supported regulation, emphasizing the generational impact and accessibility of these products to youth. Urged the committee to prioritize youth safety over budget concerns.
• John (CBD company owner) – Opposed a city ordinance, claiming most products are compliant. Argued that enforcement would burden police and code enforcement, and that the city should not “weaponize” police against businesses.
• Albert Tittman (Director of Native Dads Network, father of five, 15 grandchildren, addiction treatment counselor) – Supported regulation, highlighting the normalization of intoxicating hemp products and the need to protect youth. Cited his work with tribal communities and the Impact Indigenous Mentors program.
• Emiliano Rossas (representing Pro-Youth and Families, prevention partner since 1981) – Expressed strong support for any city policy to restrict sale of intoxicating hemp near schools, citing lack of age verification and proximity to schools.
• Gera Gonzalez (Getting It Right from the Start, Public Health Institute) – Urged the committee to take action, specifically setting a cap of less than 1 mg THC per package and age limits for all hemp products. Stated Sacramento has leadership capacity.
• Connie Chen Robison (Executive Director, PHI Center for Collaborative Planning) – Supported regulation, requesting prohibition of sale of intoxicating hemp, prohibition of artificially derived cannabinoids, age limits, restricted places of sale, and prohibition of youth-targeted packaging. Represented hundreds of families.

Discussion Items

• Item 2: Councilmember Proposal Request for Committee Consideration – Regulation of Hemp-Derived Products (File ID 2024-00420)
  • Presentation: Councilmember Valenzuela introduced the proposal, noting a loophole allowing hemp-derived intoxicating products (e.g., Delta-8 THC) to be sold without age restrictions or potency caps, often near schools. Youth Forward staff (Sarah Michael Gaston and Ajuwa Achianu) presented slides showing examples of products purchased without ID at gas stations, packaging mimicking candy, potency up to 30 times the legal cannabis limit (500 mg per gummy vs. 10 mg cap), and data showing over 30,000 national poisonings and half of California 10th graders using cannabis starting with hemp products. They urged the city to adopt a model ordinance from Public Health Institute limiting intoxicating cannabinoids to <1 mg per package outside licensed cannabis retailers and prohibiting artificially derived cannabinoids.
  • Staff Response: Assistant City Manager Laney Milstein stated that the city lacks enforcement capacity (police and code enforcement stretched thin) and that the state has failed to enforce existing laws. She recommended directing advocates to the California Department of Public Health and county, not the city, as the city cannot commit resources to a new regulatory structure.
  • Committee Discussion:
    • Vice Mayor Maple questioned whether a local ordinance would duplicate existing state law (0.3% THC limit) and whether the real problem is enforcement. She supported exploring sensitive use buffers near schools, age limits for consumables, and packaging restrictions, but cautioned against overly broad prohibitions that could burden businesses.
    • Councilmember Guerra compared the issue to the flavored tobacco ban, noting that Sacramento acted alone initially but needed county cooperation. He supported moving forward but with realistic expectations about staff capacity. He suggested immediate actions: sending cease-and-desist letters to non-compliant businesses, engaging the county, and requesting legal advice on enforcement.
    • Councilmember Jennings stressed urgency, saying “failure to plan is planning to fail.” He advocated for a comprehensive plan involving state and federal partners, learning from San Diego County’s example, and educating the community.
    • Chair Valenzuela clarified that the intent is to explore options, not necessarily a full ordinance, and suggested including Youth Forward and Public Health Institute in staff work. The committee agreed to ask for an update by summer 2024.

Key Outcomes

• Motion: Councilmember Guerra moved, seconded by Councilmember Jennings, to direct staff to: (1) research and develop a plan with options to address intoxicating hemp products, including enforcement, education, zoning, and potential local ordinance; (2) engage with Sacramento County, state agencies, and other cities (e.g., San Diego); (3) provide an update to the committee by summer 2024. The motion passed unanimously (4-0).
• The committee did not take a final vote on the proposed ordinance but referred the matter to staff for further study and return with recommendations.