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HomeMy WebLinkAboutItem 28 - OC Grand Jury's Report, Findings, Recs. Regarding Santa Ana's Cannabis Program Planning and Building Agency www.santa-ana.org/pb/ Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 7, 2021 TOPIC: Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Santa Ana’s Licensed Retail Adult-Use Cannabis Program AGENDA TITLE: Receive and File the Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Santa Ana’s Licensed Retail Adult-Use Cannabis Program and Authorize the City Manager to Deliver the City’s Response to the Findings and Recommendations to the Presiding Judge of the Superior Court RECOMMENDED ACTION Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Santa Ana’s licensed retail adult-use cannabis program and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court. DISCUSSION On June 3, 2021, the Orange County Grand Jury (OCGJ) issued an investigative report with findings and recommendations regarding the City of Santa Ana’s licensed retail adult- use cannabis program and regulatory framework. The Orange County Grand Jury (OCGJ) was interested in investigating how the decision to move forward with adult-use cannabis retail permitting impacted Santa Ana and any resulting significant issues. The OCGJ investigated this matter to make the public and other communities aware of the potential “gains or pitfalls,” should other jurisdictions move forward with retail adult-use cannabis permitting. The report focuses only on the permitting and sale of retail adult- use cannabis in the City and does not address medicinal sales, and/or medicinal and adult-use cultivation, distribution, manufacturing, testing, or any issues related to the use of cannabis products. Exhibit 1 is the complete OCGJ’s June 3, 2021 report. In summary, the OCGJ finds that City’s program added significant and much needed revenue to the City with no reported increase in criminal activity. In addition, the report finds that funds have not only increased the City’s general fund account, but have also been used for enhanced police services Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding Santa Ana’s Licensed Retail Adult-Use Cannabis Program September 7, 2021 Page 2 2 0 4 9 and code enforcement efforts, and additional youth programs through the Parks, Recreation, and Community Services Agency. As a result of the investigation, OCGJ issued six findings and three recommendations. In accordance with California Penal Code Sections 933 and 933.05, OCGJ requires responses from the City regarding the findings and recommendations presented in the report. Exhibit 2 outlines the OCGJ findings, recommendations, and the City’s responses. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. County of Orange Grand Jury Investigative Report, Findings and Recommendations Regarding Santa Ana’s Licensed Retail Adult-Use Cannabis Program entitled “Pot Luck” 2. City Response to County of Orange Grand Jury Findings and Recommendations Regarding Santa Ana’s Licensed Retail Adult-Use Cannabis Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager “Pot Luck” Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County GRAND JURY 2020-2021 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page i TABLE OF CONTENTS SUMMARY ................................................................................................................................... 1 BACKGROUND ........................................................................................................................... 1 Federal Cannabis Laws ............................................................................................................ 1 Legislation in California ........................................................................................................... 1 REASON FOR STUDY ................................................................................................................ 2 METHOD OF STUDY ................................................................................................................. 3 INVESTIGATION AND ANALYSIS ......................................................................................... 3 Santa Ana City Council Says “Yes” ........................................................................................ 3 Dispensary Application and Licensing Process ...................................................................... 3 Cannabis Community Benefits Program ................................................................................. 4 Community Safety ..................................................................................................................... 4 Site Visits ................................................................................................................................. 5 Financial Impact ........................................................................................................................ 6 Communication ......................................................................................................................... 7 COMMENDATIONS ................................................................................................................... 7 FINDINGS ..................................................................................................................................... 7 RECOMMENDATIONS .............................................................................................................. 8 RESPONSES ................................................................................................................................. 9 RESPONSES REQUIRED ..................................................................................................... 10 APPENDIX .................................................................................................................................. 11 APPENDIX 1 – Approved and Operating Adult-Use Cannabis Dispensaries .................. 11 APPENDIX 2 – Commercial Cannabis Application Process .............................................. 12 APPENDIX 3 – Phase 1 and Phase 2 Application and Permit Process .............................. 13 APPENDIX 4 – Commerical Cannabis Application Information ...................................... 14 APPENDIX 5 – Santa Ana Ordinance No. NS-2959 ............................................................ 16 GLOSSARY................................................................................................................................. 20 BIBLIOGRAPHY ....................................................................................................................... 21 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 1 SUMMARY Santa Ana was the first city in Orange County, California to approve the retail sale of Adult-Use Cannabis. This action has added significant revenue to the city with no reported increase in criminal activity. Through interviews and investigation, the Orange County Grand Jury has discovered that the revenue generated by the Retail Adult-Use Cannabis business has provided much needed funds to the City of Santa Ana. These funds have not only increased the city’s general fund account but have also been used for enhanced police services and code enforcement efforts as well as funding for additional youth programs through the Parks, Recreation, and Community Services Agency. The Orange County Grand Jury does not express an opinion on the use of Cannabis. BACKGROUND Cannabis use has long been a subject of controversy in the United States. Once commonly grown for hemp, made from fibers from the plant and used in a variety of products such as rope and paper, cannabis was later discovered to have medicinal purposes and subsequently became a criminalized product. Over the last six decades there has been much debate and many propositions introduced to decriminalize and/or regulate cannabis and allow it to be legally sold and used for medicinal as well as recreational purposes. Federal Cannabis Laws Despite a cannabis legalization trend sweeping the country, the federal government still classifies cannabis as a Schedule 1 drug. The federal government considers drugs in this class to be some of the most dangerous. A Schedule 1 classification puts cannabis in the same class as heroin, which means the federal government considers cannabis more dangerous than Schedule 2 drugs like cocaine and methamphetamine. At the present time, the Unites States Department of Justice (“DOJ”) is not prosecuting most cannabis users and businesses that follow state and local cannabis laws, as long as those laws do not conflict with certain federal requirements. These requirements include preventing minors from using cannabis and preventing cannabis from being transported across state lines. Legislation in California Proposition 19 (1972) also known as “The California Marijuana Initiative” was a ballot initiative on the November 7, 1972 California Statewide Ballot. California became the first state to vote on a ballot measure seeking to legalize cannabis. If it had passed, the measure would have removed penalties in the State of California for persons 18 years of age or older for using, “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 2 possessing, growing, processing, or transporting marijuana for personal use. The initiative was defeated by the voters with 66.5% No votes to 33.5% Yes votes. Proposition 215 (1996) also known as “The Compassionate Use Act of 1996” made it legal under California law for individuals of any age to use cannabis for medicinal purposes. Individuals must have a recommendation from a doctor to use medical cannabis. The act passed by a vote of 55.58% Yes votes to 44.42% No votes. Proposition 19 (2010) also known as “The Regulate, Control, and Tax Cannabis Act of 2010” was defeated by the voters with 53.5% No votes to 46.5% Yes votes. If it had passed, Proposition 19 would have legalized various cannabis-related activities in California and authorized local governments to control these activities. In addition, the Proposition would have granted local governments the right to impose and collect cannabis-related fees & taxes, and authorized various criminal and civil penalties. Proposition 64 (2016) also known as “The Adult-Use of Marijuana Act” passed by a vote of 57.13% to 42.87%. The measure: • Legalized adult use of cannabis for recreational, non-medical purposes • Created a system for regulating Retail Adult-Use Cannabis businesses • Imposed taxes on Retail Adult-Use Cannabis sales • Changed penalties for cannabis-related crimes Once Proposition 64 was passed, cities in California were granted the opportunity to approve Retail Adult-Use Cannabis and begin the process of granting licenses to shops within their city limits. REASON FOR STUDY The selling of cannabis for “Adult-Use” or “recreational” purposes has been legal in the State of California since January 1, 2018 and yet, until July 2020, Santa Ana was the only city in Orange County that had approved licensing for this type of business. The Orange County Grand Jury (OCGJ) was interested in investigating how the decision to move forward with this licensing impacted Santa Ana and if there were any significant issues. The Grand Jury felt it was important to investigate this matter in order to make the public aware of the potential gains or pitfalls other cities in the county might encounter should they move forward with Retail Adult-Use Cannabis licensing. This report focuses only on the licensing and selling of Retail Adult-Use Cannabis in the City of Santa Ana and does not address medicinal sales, cultivation, distribution, or any issues related to the use of cannabis products. “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 3 METHOD OF STUDY The OCGJ conducted extensive internet research on the legal status of Retail Adult-Use Cannabis, both nationwide and in California, by reviewing and analyzing relevant legislation as well as the numerous California propositions that culminated in the passage of Proposition 64. In addition, the OCGJ reviewed City of Santa Ana documents including staff reports, commission reports, Requests for City Council Actions, and ordinances that authorized and established conditions for the sale of cannabis products for Adult-Use. The OCGJ also interviewed current and former Santa Ana City Council members and City employees who work in agencies directly involved with or impacted by the licensing and sale of Retail Adult-Use Cannabis products in Santa Ana. In addition, OCGJ interviewed professional experts not employed by the City, including licensed Retail Adult-Use Cannabis dispensary proprietors and employees. The OCGJ visited several licensed Retail Adult-Use Cannabis dispensaries in Santa Ana to observe the facilities, amenities, staff, clientele, and operations. INVESTIGATION AND ANALYSIS Santa Ana City Council Says “Yes” In response to the November 2016 passage of Proposition 64 in California, the Santa Ana City Council began to consider licensing and regulating the retail sale of cannabis for adults. After multiple meetings and discussions and after thorough staff analysis, on October 17, 2017, the City Council introduced ordinance number NS-2929 for a first reading. The ordinance was identified as “An Ordinance of the City Council of the City of Santa Ana creating Chapter 40 of the Santa Ana Municipal Code, ‘Regulation of Commercial Cannabis’, to Regulate Commercial Cannabis Activities, excepting Medicinal Retail.” On November 9, 2017, the ordinance was introduced for a second reading and approved with amendments by a vote of 5-0 (two City Council members were absent). Santa Ana has remained the only city in Orange County issuing business licenses and regulating the retail sale of Adult- Use Cannabis for the years 2018, 2019, and 2020. Dispensary Application and Licensing Process Santa Ana Ordinance number NS-2929 allows up to 30 Retail Adult-Use Cannabis stores within the City. As of April 15, 2021, there were 23 dispensaries open and operating in the City of Santa Ana (see Appendix 1). The ordinance sets forth operational standards, permit procedures, and an operating agreement to address collection of operating fees. To ensure fairness and impartiality in the selection process, the City devised a system of “Retail Adult-Use Cannabis merit-based criteria and possible points” (see Appendix 2) to evaluate applicants who sought to operate a dispensary offering Adult-Use Cannabis products. This led to the Commercial Cannabis Application (Phase I and Phase II) and Permit Process (see Appendix 3), a comprehensive evaluation process that each Retail Adult-Use Cannabis dispensary applicant had to follow and pass before being allowed to open for business. “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 4 After completion of the application process, each applicant was required to obtain a Regulatory Safety Permit (RSP) which is a permit issued by the City of Santa Ana pursuant to Chapter 40 of its municipal code. The RSPs issued for Phase I and Phase II had fees associated with each phase of the process. The fees charged were based on city processing costs as follows: Phase I, initially $1,690, was subsequently raised to $1,752; Phase II, initially $12,086, was later raised to $12,530. The City’s Planning and Building Agency drafted a two-page Phase I and Phase II applicants’ information form advising interested parties of the steps in the application process (see Appendix 4). Cannabis Community Benefits Program All parties seeking a license to operate a cannabis dispensary in Santa Ana must submit a written operating agreement titled “Operating Agreement for Adult use (Non-Medicinal) Cannabis Retail Business.” One section of the agreement is entitled “Public Benefit.” In this section, the applicant for the proposed dispensary is encouraged to submit a “Community Benefit and Sustainable Business Practices Plan” (PLAN). The plan serves as a goodwill program sponsored by the dispensary for the benefit of the Santa Ana community. A review of the PLANs submitted by the applicants revealed a wide variety of current community service projects such as sponsoring a local debate team, supporting a community garden, organizing and/or funding toy/clothing/food drives, diversion or prevention educational programs, and neighborhood clean-up efforts. While these programs are a step towards goodwill in the community, there is no oversight or confirmation by the City that the dispensary operator is participating in the plan. It is up to each dispensary owner to decide how and to whom they will provide a “benefit.” There are no specific requirements in terms of money or volunteer hours that a dispensary must donate, and there is no obligation to provide proof of participation in the plan to the City. The OCGJ has concluded that there should be some process in place to set standards for and document participation in the Community Benefits Program. In addition, the benefits provided by the Retail Adult-Use Cannabis dispensaries should be reported to the City Council and made available to the general public. Community Safety The OCGJ learned through interviews with City officials and staff that there had been more than 120 unlicensed dispensaries operating illegally in Santa Ana before ordinance NS-2929 went into effect. That number has since been reduced to “less than a handful,” due to enforcement efforts by the City, especially the Planning and Building Agency, including Code Enforcement, and the Santa Ana Police Department. One third of the taxes and fees that the City receives from Retail Adult-Use Cannabis dispensaries is dedicated to Police and Code Enforcement. This money provides funding for a vice unit, including a sergeant and four officers. Other City agencies, such as Planning and “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 5 Building and the City Attorney’s Office, also receive funding because of their role in ensuring Retail Adult-Use Cannabis compliance with regulations. The reality is that shutting down the unlicensed, illegally operating dispensaries will increase business for the licensed facilities, thereby increasing the City’s tax revenues. Closing unlicensed facilities is a win-win for both the licensed dispensaries and the City of Santa Ana. It should be noted that the licensed Retail Adult-Use Cannabis dispensaries must meet the quality standards for their merchandise that comply with requirements set forth by the State of California’s Bureau of Cannabis Control (BCC). Consumers have no such protections when products are purchased from unlicensed shops. Ordinance number NS-2929, Section 1, subparagraph K, states: “The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety, and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access of cannabis to residents.” The OCGJ further learned through interviews with both Police Department and Code Enforcement staff that there has been no apparent increase in criminal activity in the areas surrounding the Retail Adult-Use Cannabis dispensaries. It should be noted that all licensed dispensaries are required to have security guards in place during hours of operations, and 24/7 video surveillance protecting their facilities, employees, and customers. Additionally, all dispensaries are required to secure all inventory in a locked safe, unless open for business. Site Visits During its investigation, the OCGJ interviewed cannabis dispensary owners and visited Retail Adult-Use dispensary sites. The OCGJ would like to note that it received full cooperation from the dispensary owners and staff while touring their locations. The dispensary sites the OCGJ visited appeared to be well managed, with clean public areas that were adequately illuminated and well-appointed. The shelves were fully stocked with products. All products were marked with California approval code stamps, indicating that the products conformed to quality control standards approved by the BCC. Sites visited had the required security guards; the OCGJ noted that there were two security guards at each site visited. Each store had 24-hour video surveillance cameras covering the interior and exterior. One of the store owners mentioned that their external video surveillance is so extensive and of such high quality that they were able to assist law enforcement with investigations into criminal activities at nearby properties. Inside, stores were well furnished, had appropriate security doors, and all products were locked up at night in secured structures, vaults, or safes. “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 6 Financial Impact In November 2018, residents of the City of Santa Ana approved Measure Y by a vote of 71% Yes to 29% No. Measure Y is a tax on Retail Adult-Use Cannabis businesses operating in the City that provides for a tax of 25 cents to 35 dollars based on the gross square footage of the business and a sales tax of up to 10% for retail sales. The City estimates that Measure Y will generate $11-14 million a year to fund city services. On December 4, 2018, the Santa Ana City Council adopted Ordinance NS-2959 (see Appendix 5), establishing a “Cannabis Public Benefit Fund”. The fund derives almost all of its money from Measure Y and requires that the city allocate all money received from the sale of Retail Adult- Use Cannabis as follows: one third to the General Fund, one third to Enforcement Services, and the final third to Youth Services. Some of the City of Santa Ana Council members and staff interviewed by OCGJ informed the OCGJ that there is no true, viable oversight regarding disbursement and use of cannabis money received. The OCGJ learned that there is no clearly identifiable accounting for residents to see how this money is spent. Furthermore, the COVID pandemic has caused a shifting of money from previously planned programs to others. Money received by the Retail Adult-Use Cannabis businesses for the last two years from the Measure Y tax has been in excess of $20 million. The General Fund money can be allocated to projects or programs in any City department, and expenditures from this fund cannot be specifically attributed to the Cannabis Public Benefit Fund. It has also been difficult to secure specific information about how the money for Enforcement Services has been used. Interviews with City staff indicated that various departments rely on Measure Y funds for their enforcement efforts. For example, the Police Department has funded the Vice Unit with Measure Y proceeds and the Planning and Building Agency, especially the Code Enforcement Division, also relies on Cannabis Public Benefit Fund money to staff some positions. However, the OCGJ has not received a clear breakdown of how the Enforcement Services money has been used by the various city agencies. Expenditures related to Youth Services are much more transparent. The following programs and projects are anticipated to be funded from the Cannabis Public Benefit Fund and undertaken in the following year for the benefit of Santa Ana youth: • Library Services Book/Techmobile Digital Collection for Teens Laptop Dispenser Kiosks Wireless Hotspots • Library Improvements at the Newhope Branch Library • Library Playground at the Main Branch “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 7 • Parks and Recreation Anti-Drug Education Program Fitness Courts Goat Encounter at Santa Ana Zoo Santa Anita Park Soccer Field Renovation Splash pads for six City parks Third Party youth programs Traveling Zoo Exhibit Year-Round Aquatics Youth and Teen Excursion Youth Programs and Services Zoo and You Program • Community Development Agency youth paid internships • Contribution to the Deferred Action for Childhood Arrival Defense Fund The OCGJ, through its investigation of the use of Cannabis Public Benefit funds, concluded that the youth of Santa Ana have benefited greatly and will continue to benefit as a result of the decision to license Retail Adult-Use Cannabis dispensaries in the City. Communication During the investigation of the Retail Adult-Use sale of cannabis in Santa Ana, the OCGJ noted that there are several independent City departments involved in the licensing and regulation process. While the expertise of each department may be required to ensure compliance with all City ordinances and to process all necessary documents and fees, multiple points of contact can make it difficult to obtain information when needed. COMMENDATIONS The City of Santa Ana received more than $20 million in revenue during the first three years of licensed Retail Adult-Use Cannabis sales. Santa Ana was the first city in Orange County to begin licensing for these dispensaries and has remained the only city for several years, giving it a “monopoly” on Retail Adult-Use Cannabis business in Orange County. The City of Santa Ana saw a significant drop in the number of illegal/unlicensed cannabis shops as the number of licensed dispensaries increased. This reduction in illegal/unlicensed shops has improved community safety for both consumers and residents. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation described here, the 2020-21 Orange County Grand Jury has arrived at the following principal findings: “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 8 F1. There is no clearly identifiable accounting of where all the Enforcement Services money received from Retail Adult-Use Cannabis licensing in accordance with Santa Ana Municipal Ordinance number NS-2959, section 13-203 was spent. F2. The legalization of Retail Adult-Use Cannabis by the City of Santa Ana and the resulting increase in city revenue have allowed the city to significantly expand its youth services programs. F3. There are multiple departments within the City of Santa Ana responsible for various aspects of Retail Adult-Use Cannabis oversight. The decentralized nature of the oversight within the City makes information difficult to obtain. F4. The number of unlicensed cannabis dispensaries in Santa Ana has significantly declined since the business licensing of Retail Adult-Use Cannabis dispensaries. F5. The Orange County Grand Jury did not receive evidence of an increase in crime as a result of the licensing of Retail Adult-Use Cannabis dispensaries. F6. The Cannabis Community Benefits Program motivates local dispensaries to contribute funds and/or staff volunteer hours for the benefit of the City of Santa Ana. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2020-21 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation described herein, the 2020-21 Orange County Grand Jury makes the following recommendations: R1. The Orange County Grand Jury recommends that the Santa Ana City Council require an annual report specifically detailing all Retail Adult-Use Cannabis money spent each fiscal year. This report should be presented to the Santa Ana City Council and made public. This should be completed by December 31, 2021, for fiscal year 2020-21, and by September 30 following each fiscal year thereafter. (F1) R2. The Orange County Grand Jury recommends that the City of Santa Ana designate an individual to oversee and provide centralized coordination of Retail Adult-Use Cannabis activity commencing January 1, 2022. (F3) R3. The Orange County Grand Jury recommends that the City of Santa Ana create a process to report to the Santa Ana City Council and the residents of Santa Ana detailed information about the participation of Retail Adult-Use Cannabis dispensaries in the Community Benefits Program by December 31, 2021 and yearly thereafter. (F6) “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 9 RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: §933 (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. §933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding in which case, the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 10 (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. RESPONSES REQUIRED Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from: Responses are required from the following governing body within 90 days of the date of the publication of this report: 90 Day Required Responses F1 F2 F3 F4 F5 F6 Santa Ana City Council x x x x x x 90 Day Required Responses R1 R2 R3 Santa Ana City Council x x x “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 11 APPENDIX APPENDIX 1 – Approved and Operating Adult-Use Cannabis Dispensaries “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 12 APPENDIX 2 – Commercial Cannabis Application Process “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 13 APPENDIX 3 – Phase 1 and Phase 2 Application and Permit Process “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 14 APPENDIX 4 – Commercial Cannabis Application Information “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 15 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 16 APPENDIX 5 – Santa Ana Ordinance No. NS-2959 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 17 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 18 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 19 “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 20 GLOSSARY Adult-Use Terminology used for “recreational” use to distinguish from “medicinal” use. BCC California Bureau of Cannabis Control Cannabis Cannabis refers to a group of three plants with psychoactive properties, known as cannabis sativa, cannabis indica, and cannabis ruderalis. When the flowers of these plants are harvested and dried, it becomes one of the most common drugs in the world. It is also referred to as weed, pot, or marijuana. Cannabis Public Benefit Fund The fund created by ordinance NS-2959 for revenue received in accordance with Measure Y. Community Benefits Program A voluntary, good-will program for dispensary owners and employees to provide donations or volunteer hours to the City of Santa Ana. DOJ United States Department of Justice Dispensary A retail store or business that sells Cannabis products. Medicinal Use specifically for medical purposes such as treating PTSD or for relieving nausea caused by chemotherapy. OCGJ Orange County Grand Jury PLAN Community Benefit and Sustainable Business Practices Plan Regulatory Safety Permit (RSP) A permit used by the City of Santa Ana pursuant to Chapter 40 of its Municipal Code. Unlicensed Also known as “illegal” or “black market.” Dispensaries not licensed or legally authorized to sell Cannabis products to the public. “Pot Luck”: Santa Ana’s Monopoly on Licensed Retail Adult-Use Cannabis in Orange County 2020-2021 Orange County Grand Jury Page 21 BIBLIOGRAPHY California Marijuana Legalization, Proposition 19 (1972). (1972, Nov 7). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/California_Marijuana_Legalization,_Proposition_19_(1972) California Proposition 215, the Medical Marijuana Initiative (1996). (1996, Nov 5). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/California_Proposition_215,_the_Medical_Marijuana_Initiative_( 1996) ORDINANCE NO. NS -2929. (2017, Oct 17). Retrieved 2021, from SantaAna Granicus: http://santaana.granicus.com/MetaViewer.php?view_id=2&clip_id=1414&meta_id=5450 9 Ordinance NS- 2959, Establishing a Cannabis Public Benefit Fund. (2018, Dec). Retrieved 2021, from SantaAna Granicus: https://santaana.granicus.com/MetaViewer.php?view_id=2&event_id=8261&meta_id=12 2354 Proposition 64: The Adult Use of Marijuana Act. (2016, Nov). Retrieved 2012, from California Courts The Judicial Branch of California: https://www.courts.ca.gov/prop64.htm Santa Ana, California, Measure Y, Recreational Marijuana Business Tax (November 2018). (2018, Nov 6). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/Santa_Ana,_California,_Measure_Y,_Recreational_Marijuana_Bu siness_Tax_(November_2018) Text of Proposition 19, the "Regulate, Control and Tax Cannabis Act of 2010" (California). (2010). Retrieved 2021, from BALLOTPEDIA: https://ballotpedia.org/Text_of_Proposition_19,_the_%22Regulate,_Control_and_Tax_C annabis_Act_of_2010%22_(California) Exhibit 2 Grand Jury Findings and City Responses Finding Response to Finding F1 There is no clearly identifiable accounting of where all the Enforcement Services money received from Retail Adult-Use Cannabis licensing in accordance with Santa Ana Municipal Ordinance number NS-2959, section 13-203 was spent. The City disagrees with this finding. The Budget Documents on the City’s website include the planned spending as well as historical spending. FY19-20 pages 2-1 through 2-12, FY20-21 pages 2-4 through 2-18, and FY21-22 pages 5-14, 7-21, 10-41, and 12-22. In addition, actual and budget spending data can be found in the City’s OpenBook portal. The specific link for the Cannabis Public Benefit fund is https://santaana.openbook.questica.com/#/visualization/78ea955f-018b-4bb4-b163- dd46b21f004c?ID110_ID2534_ID591_FundDisplayName=012%20-%20CANNABIS%20PUBLIC%20BENEFIT&h=Fund&hl=2 F2 The legalization of Retail Adult-Use Cannabis by the City of Santa Ana and the resulting increase in city revenue have allowed the city to significantly expand its youth services programs. The City agrees with the Grand Jury’s finding. F3 There are multiple departments within the City of Santa Ana responsible for various aspects of Retail Adult-Use Cannabis oversight. The decentralized nature of the oversight within the City makes information difficult to obtain. The City disagrees with this finding. The City Council has funded key staff positions in the Planning and Building Agency, Police Department, Finance and Management Services, and the City Attorney’s Office for commercial cannabis program administration; the oversight of this industry is performed by key personnel that provides expertise in their area of public administration. As such, the City of Santa Ana has developed its approach to address cannabis commerce no different than any other approved industry or business operating within the City. This multi-agency organizational approach allows for checks and balances, ensures accuracy in the information provided, and further enhances efficiency protocols to provide essential customer service. More importantly, it limits bureaucratic delays and provides direct departmental-related expertise in the assistance of any query while also providing the capability for quick remedial action in the resolution of any concern. As an example, Planning and Building personnel understandably address zoning and tenant improvement inquiries, while business license related concerns are promptly addressed by the Finance and Management Services Agency. This approach in developing and governing of the cannabis regulatory program has placed Santa Ana at the forefront of the cannabis growth industry in Orange County and in the State, allowing the City to efficiently administer the program. F4 The number of unlicensed cannabis dispensaries in Santa Ana has significantly declined since the business licensing of Retail Adult-Use Cannabis dispensaries. The City agrees with the Grand Jury’s finding. F5 The Orange County Grand Jury did not receive evidence of an increase in crime as a result of the licensing of Retail Adult-Use Cannabis dispensaries. The City agrees with the Grand Jury’s finding. F6 The Cannabis Community Benefits Program motivates local dispensaries to contribute funds and/or staff volunteer hours for the benefit of the City of Santa Ana. The City agrees with the Grand Jury’s finding. Exhibit 2 Grand Jury Recommendations and City Responses Recommendation City response R1 The Orange County Grand Jury recommends that the Santa Ana City Council require an annual report specifically detailing all Retail Adult-Use Cannabis money spent each fiscal year. This report should be presented to the Santa Ana City Council and made public. This should be completed by December 31, 2021, for fiscal year 2020-21, and by September 30 following each fiscal year thereafter. (F1) The City can prepare a detailed spending report as recommended by the Grand Jury. Detailed spending information for FY19-20 and FY20-21 was presented to City Council with the August 17, 2021 agenda. A detailed spending report can be presented to City Council by December 31 each year. However, the City cannot commit to a detailed spending report by September 30 for future years, as the general ledger is not fully reconciled and audited by each September 30. R2 The Orange County Grand Jury recommends that the City of Santa Ana designate an individual to oversee and provide centralized coordination of Retail Adult-Use Cannabis activity commencing January 1, 2022. (F3) This recommendation has already been implemented by the City since 2020. The City created the Cannabis Office & Operations Logistics unit with trained staff within the Planning and Building Agency to serve as the central repository for cannabis information and inquiries. This Office functions as a “one-stop shop” to administer the commercial cannabis regulatory program. With a concierge-approach mindset, the Office tailors its approach to match the unique circumstances of this new industry and specifically addresses and coordinates applications for commercial cannabis permits in the City of Santa Ana. As the central resource for the City, this Office works directly with State of California cannabis regulatory agency, pertinent City and external agencies, and cannabis business stakeholders in the implementation of the city’s cannabis program to ensure adherence to the city’s municipal code and prompt openings of new businesses. As part of its task, the Office also works with City Attorney’s Office and the Police Department on background checks and coordinates enforcement and compliance with applicable regulations. R3 The Orange County Grand Jury recommends that the City of Santa Ana create a process to report to the Santa Ana City Council and the residents of Santa Ana detailed information about the participation of Retail Adult-Use Cannabis dispensaries in the Community Benefits Program by December 31, 2021 and yearly thereafter. (F6) Upon adopting an ordinance to allow and regulate adult-use retail cannabis businesses in Santa Ana, the City required all adult-use cannabis retailers to enter into an Operating Agreement to accomplish several goals: 1. Require full compliance with all ordinance requirements to operate a cannabis business in Santa Ana; 2. Commit to payment of operating fees based on business activities; and 3. Engage businesses with the Santa Ana community through local hiring, local sourcing, volunteer events, charitable contributions, and sustainable business practices for the environment and for employees. Upon the adoption of subsequent ordinances and voter-approved taxes in Measure Y, many of the goals of the Operating Agreement were replaced by ordinance but the community benefits component remained. All cannabis businesses continue to commit to various forms of community benefits, and results have been successful, with cannabis businesses providing various forms of charitable contributions, volunteer hours, toy drives, participation in Covid-19 relief programs like CARES Act measures, and food drives. The City recognizes the opportunity to continue building upon the program drawing from City’s experience with the Operating Agreement process, as community benefit commitments may take many different forms and functions. Staff are currently drafting measures to replace the Operating Agreement in its entirety and to develop measurable community benefit and commitment requirements. These changes are will be presented for City Council consideration in early 2022.