Should Fresno weed shops hire those convicted of drug crimes? New law says yes
Fresno City Council adopted new equity rules related to cannabis businesses Thursday, but not before Councilmember Garry Bredefeld called on Mayor Lee Brand to use his veto powers to strike down the ordinance altogether.
The ordinance has been in play since the prior council adopted it in December 2018.
But by a 4-3 vote Thursday, the council made changes to the ordinance geared toward enforcing benefits that could help underprivileged communities.
Bredefeld as well as Councilmembers Paul Caprioglio and Mike Karbassi cast the “no” votes. All three took exception to a clause that would benefit a business that hires people previously convicted of a marijuana crime.
The equity clause is supposed to help communities historically affected by the “War on Drugs,” as well as other specific groups. During the War on Drugs, which gained steam during the 1980s, many people of color received what some see as overly severe prison sentences for nonviolent drug-related crimes.
Many say communities of color were also disproportionately targeted by law enforcement, and groups like the American Civil Liberties Union have the research to back it up.
Bredefeld repeated the philosophy often used during the War on Drugs, saying the policy should not benefit those arrested when weed was illegal. “If you’re committing crimes and there are laws, you’re a criminal not a victim,” he said.
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 convictions, those coming from low income communities, former foster youth, and veterans, among other populations.
Caprioglio said the law was too specific and went beyond what the ordinance said when it was first adopted in 2018. The previous version allowed the business to decide how they would pledge to benefit the community.
That wouldn’t go far enough, according to community activist JePahl White. “Businesses won’t adopt those if it’s going to add to their costs. That’s why it’s incumbent on the City Council to see the need for social equity,” he said.
Councilmember Luis Chavez appealed to the religious beliefs of the members of the council who have a personal faith, saying their religions preach forgiveness.
“We understand folks make mistakes,” he said. “We shouldn’t treat someone who’s paid their debt to society as a criminal in perpetuity.”
Other changes
In the ordinance, at least one of the first seven retail weed dispensaries in the city would be awarded through a social equity plan. At least one of the first eight commercial licenses — which could include other types of businesses like manufacturing and testing — would be issued in the same way. Additional locations could be added in coming years.
Cannabis businesses will not be allowed to advertise outside, according to the adopted ordinance. Video cameras have to meet a certain quality and police will have access to them.
Other changes to the ordinance include a restriction on applicants from speaking with the City Council or anyone in Brand’s administration once applications are available.
The city manager will award permits, but councilmembers can appeal that decision in their respective districts.
Marijuana businesses with at least 10 employees will be required to sign a labor peace agreement, which means the employees could unionize.
The notice to neighbors of proposed dispensaries will go out after a potential business applies for a location, earlier in the process than originally adopted.
Some estimates have the earliest shops opening in Summer 2020, but that target has been moved back several times since the beginning of the adoption.
This story was originally published November 14, 2019 at 5:16 PM.
