Education and participation needed as South Lake Tahoe develops cannabis regulations

There was one thing all speakers during Wednesday evening's Town Hall on recreational cannabis agreed on: People need to get involved, educate themselves and share their opinions with their elected leaders at local, county and state levels.

A panel of six people spoke to the crowd of almost 100 people (and another 300 who were viewing online) during the Tahoe Regional Young Professionals (TRYP) fourth Town Hall meeting in South Lake Tahoe.

South Lake Tahoe Mayor Austin Sass, Tahoe Wellness Cooperative Executive Director Cody Bass, California's Bureau of Medical Cannabis Chief Lori Ajax, South Lake Tahoe Police Chief Brian Uhler, Brendan Ferry of the El Dorado County Community Development Agency and Dr. Sherellen Gerhart, Board Certified in Internal Medicine, Geriatric Medicine and Palliative Medicine at Barton Health were all seated at the front of the room at Tahoe Beach Retreat. John Hoistad, a lawyer with Karp Neu Hanlon of Glenwood Springs joined in from Colorado via Skype.

With the passage of Proposition 64 by 56.4 percent of the voters in California in November, 2016, the state is trying to develop regulations for the sales of the drug. As of today it is legal for adults (over the age of 21) to possess, transport, obtain or give away to other adults no more than one ounce of marijuana or 8 grams of concentrated cannabis, as well as the ability to cultivate up to six plants per residence and possess the marijuana produced by these plants. Use of cannabis outside a private home is not legal.

Prop 64 passed in 38 counties in the state, while the "no" votes won in 20 counties, and both counties at the lake, Placer and El Dorado, were in the latter group. It was a close vote in El Dorado County, with 49.93 percent saying yes to legalization, and 50.07 percent saying no.

Its because of results like these that the state and its municipalities are trying to formulate the regulations as there is no cut and dry, clear cut answer. Voters may have approved adult recreational use of the drug, but how they want sales to be handled was not voted on, nor was guidance given as each community can decide if they want to sell, or not.

All of the speakers urged people to contact their senator, assemblymen, county supervisor, mayor and councilmembers to let them know how they feel about sales and taxation. They all also urged everyone to be informed and be educated on the subject.

The State of California will be the baseline which communities base their own regulations. The State will have their regulations on medical marijuana out by the end of April and citizens are asked to log onto their website and leave comments, which will be gathered for 45 days before the results go back for final wording of the regulation. The first release of a recreational marijuana regulation won't be until Fall, then comments will be accepted before becoming law on January 1, 2018.

The State's Bureau of Medical Cannabis Regulation website can be found at http://bmcr.ca.gov/ and contains all moving parts as they develop the licensing and regulatory framework. With budget changes in Sacramento, things are changing as one can expect.

If the State taxes sales at 15 percent, municipalities can add on their own taxes should they choose to allow sales. The state taxes go right to Sacramento, but municipalities such as the City of South Lake Tahoe could collect taxes off local sales. Cultivators and retailers will also have their own taxes to pay. Use of medical marijuana will not be subject to these sales taxes.

Besides taxation, there are also several other variables to be considered by local municipalities.

Cody Bass said there are now one million medical marijuana patients and he believes tourists to South Lake Tahoe will appreciate having marijuana in the city to buy while they are on vacation.

Hoisted, whose state is still adjusting their recreational marijuana regulations, said they struggle with the impact on tourism. Some areas love it, others dislike it. He said they have trouble controlling use in motels and restaurants since many forms are not obvious. Glenwood Springs had to add a ban on tobacco to make it easier to control smoking of marijuana. "Enforcement is difficult," Hoisted said. "There are persistent struggles."

"We're not in any rush until there is better understanding of the regulation," said Mayor Sass. "There are a lot of things to be developed from taxation, regulation and zoning. We are going to have workshops with the public."

Councilmembers David, Laine and Davis, and City Manager Nancy Kerry were also at the forum in the audience. Sass said they will all be attending meetings in the state to learn more about how cities are going to handle the new regulations, as well as holding their own.

Chief Uhler said he has concerns with Douglas County in Nevada not allowing cannabis sales and there could be implications in South Lake Tahoe.

"Just because voters supported recreational use doesn't mean they support stores selling it going up and down the street," said the Chief.

The City has the right to ban businesses from selling cannabis, something that is allowed by the State.

In Colorado, I-70 has been known as the "Gateway to Recreational Marijuana," according to Hoisted. His town of Glenwood Springs used to the first city buyers from Utah would come to, but now small towns like Parachute (pop. 1,100) are benefiting. At first the voters in Parachute wanted to recall their leaders as they were opposed to sales, but now they are reaping the tax benefits and will open on April 20 the first drive-thru pot store. But he also said many towns are regretting sales due to schools reported increased truancy, increased use at school and at home, as well as some as young as six-years-old using the drug.

The El Dorado County Board of Supervisors will have a state consulting firm on the subject at their May 9 meeting in Placerville. Ferry urged residents to go to that meeting and/or contact Supervisor Novasel to share their feelings on the matter.

With a lot of unknowns, including risks to tourism and children, it is obvious much more investigation, discussion and education is needed before a local regulation can be determined.

"There is nothing wrong with waiting until there is better information," said Chief Uhler.

Look for a lot more on this subject in South Tahoe Now in the coming months as the City and County develop their regulations of sales.

A video of the event can be seen in a few days on the TRYP website, www.tahoetryp.org.