As retail weed moves forward in Fresno, should social equity be a consideration?
The Fresno City Council on Oct. 24 heard potential changes to its retail cannabis ordinance, but advocates say it doesn’t go far enough to benefit people of color.
In the proposed ordinance, which was presented as information and did not require a vote, at least one of the first seven retail weed dispensaries would be awarded through a social equity plan. At least one of the eight commercial licenses would be issued in the same way. Additional locations could be added in coming years.
The equity clause is supposed to help communities of color historically affected by the “War on Drugs.” During the War on Drugs, which gained steam during the 1980s, many people of color received lengthy prison sentences for nonviolent drug-related crimes.
Many say people of color were also disproportionately targeted by law enforcement. For example, African Americans in Fresno are 3.6 times more likely than whites to be cited for a marijuana infraction, according to a 2016 study by the American Civil Liberties Union. Latinos are 1.7 times more likely than white people to be cited.
Fresno police also handed out citations to people of color at a much higher rate than police in Los Angeles, according to the ACLU.
With that history in mind, advocates like Kiel Lopez-Schmidt, who said he uses cannabis, said Fresno owes a debt to communities impacted the most by the War on Drugs.
“Our police department has a long way to go toward racial equity and how they enforce our laws,” he said. “The more regulations and constraints you put on this industry disproportionately affects low income (owners).”
How the equity effort would work
The equity effort would allow waived fees and other savings of about 60% for qualifying applicants. Those beneficiaries would include people with a previous cannabis conviction, those coming from low income communities, former foster youth, and veterans, among other populations.
Community activist JePahl White said the ordinance should also allow people formerly incarcerated to be allowed to work in the industry after showing they’ve gotten back on the straight and narrow.
“I’d like to see potentially a sunset in ... the ‘prohibited persons clause,’ ” he said. “We’d like to see something like seven to 10 years beyond a felony, if they’re off probation (or) parole and they’ve recommitted to being a citizen in society.”
Other cities could be a cautionary tale about regulations. For example, Sacramento’s lax oversight has allowed the pot industry to consolidate far beyond what elected officials imagined when they gave their blessings to the city’s 30 pioneering marijuana dispensaries years ago, according to a Sacramento Bee investigation.
None of the city’s 30 storefront dispensaries are owned by African Americans.
The proposed changes in the Fresno cannabis ordinance, which was originally adopted in 2018, were co-sponsored by Councilmembers Esmeralda Soria and Miguel Arias.
Councilmember Paul Caprioglio said the changes were premature, arguing they should be held off until after the necessary environmental impact review.
He said the equity benefits should not be set by the council but instead by the applicants, who will have a tough enough time keeping their business open. “It’s up to them to come up with what works best from their perspective and the perspective of our community,” he said.
He said the original ordinance provided that flexibility and he didn’t support the proposed changes.
Soria said the city should require the proposed equity guidelines because it’s the right thing to do, and the state is going to require them down the road anyway.
“It is no secret there have been disproportionate levels of incarceration related to cannabis for people of color,” she said. “I believe it is important this body leads on our own local effort and creates something that’s going to work for Fresno.”
When is recreational weed coming?
Earlier this year, councilmembers estimated that dispensaries could be coming in early 2020. Pointing to the pending lengthy environmental review, Caprioglio said opening new dispensaries could be pushed back into the summer.
Other potential changes to the ordinance include a clause that restricts applicants from speaking with the City Council or anyone in Mayor Lee Brand’s administration once applications are available.
Marijuana businesses with at least 20 employees would be required to sign a labor peace agreement, which means the employs could unionize.
The process for when neighborhoods and business owners are told about the potential for a dispensary to open near them would be moved up. The notice will go out after a potential business applies for a location, earlier in the process than originally adopted.
The council is expected to vote on the changes next month.
This story was originally published October 24, 2019 at 4:35 PM.
