Below is the letter written to the San Diego County Planning and Development Services Department on behalf of the San Diego chapter of Americans for Safe Access. The letter contains feedback on the County’s draft cannabis Environmental Impact Report (EIR), which will undergo public review until March 31, 2025. See the County’s website to submit written feedback on the draft EIR and to register for upcoming public comment sessions.
As a respected non-profit organization working to advance safe access to cannabis for therapeutic use and research, the San Diego chapter of Americans for Safe Access submits this comment on the proposed regulatory and zoning changes in response to the County’s draft Cannabis Environmental Impact Report. We support Alternative 2 for the following reasons:
State Regulations for Buffer Standards
State regulations for buffer standards align with public health objectives and are essential to ensuring safe access for patients and consumers, promoting equity for communities disproportionately impacted by cannabis criminalization, minimizing underage access, and conserving limited public services resources while presenting opportunities for revenue generation.
Safe Access for Patients and Consumers
Stringent licensing caps and zoning restrictions severely limit access to legal cannabis and cannabinoid products in San Diego County. With just five licensed cannabis facilities serving over half a million residents in the unincorporated areas,1,2 this equates to only one licensed cannabis business for every 100,000 residents. This scarcity forces medical cannabis patients and consumers to travel long distances to access regulated products, resulting in added automobile-related carbon emissions and disproportionately burdening individuals with mobility restrictions and limited transportation options. Consequently, many consumers turn to unlicensed operators, who currently account for twice the annual cannabis sales of the licensed market in California ($8 billion in sales).3 Meanwhile, an analysis found that California cannabis consumers overwhelmingly prefer to shop from legal sources when they are accessible.4
If access to pharmacies were as restricted as cannabis businesses, it would be considered a public health crisis (almost half of U.S. residents live within one mile of a pharmacy; three-quarters live within two miles).5 Adopting state regulations for buffer standards would ensure safe, equitable access to licensed cannabis retail outlets for patients and consumers. A similar premise holds true for other types of cannabis business licenses, including those for cultivation, manufacturing, processing, distribution, and consumption lounges, all of which are equally vital components of the regulated supply chain.
Cannabis Social Equity
Achieving the County’s equity goals requires increasing business licenses and easing zoning restrictions to accommodate more Socially Equitable Cannabis Program (SECP) applicants. The County’s Cannabis Social Equity Assessment reveals stark racial disparities in cannabis-related arrests from 2012 to 2017:
- Black individuals were arrested at 4.85 times the rate of white individuals.
- Pacific Islanders: 3.08 times the rate.
- Latiné individuals: 2.17 times the rate.
- Indigenous individuals: 30% higher than white individuals.6
The lasting impacts of incarceration are severe and include loss of opportunities related to employment, education, housing, and capital.6 Incarceration deprives individuals and communities of invaluable time with loved ones and is associated with poor mental and physical health outcomes (e.g., depression, PTSD, substance use disorders, HIV, hepatitis C, tuberculosis).7 Aligning the County’s Cannabis Program with state regulations for buffer standards would create pathways to cannabis business ownership and employment for those disproportionately affected by the War on Drugs, driving economic investment, advancing restorative justice, and enhancing public health outcomes.
Youth Access to Cannabis and Cannabinoid Products
While concerns about youth substance use are valid, the data suggest that the liberalization of cannabis laws has not contributed to an increase in use among young people. In fact, the regulation and enforcement of age restrictions appear to be having a positive impact in reducing access among minors. For example, findings from the 2024 Monitoring the Future Survey, an annual National Institutes of Health-sponsored study that tracks substance use behaviors and beliefs among youth and adults across the U.S, reveal that cannabis use remains at historically low levels—even showing a decline among 12th graders between 2023 and 2024.8 Additionally, overall substance use among teens remains lower than it was before the pandemic, including in states (e.g., Washington, Colorado, California) where cannabis has been legalized for both medical and adult use.9–11
The evidence is clear: the expansion of legal cannabis markets has not resulted in increased youth consumption. In fact, audits show licensed retailers consistently comply with age verification, with compliance rates between 90 and 100%.12–14 Meanwhile, a study in the Journal of the American Medical Association found higher delta-8-THC use among 12th graders in states where cannabis is still criminalized.15 Therefore, adopting state regulations for buffer standards would not conflict with public health goals surrounding underage access to cannabis and cannabinoid products.
Use of Riskier Substances and Public Service Sector Savings
The liberalization of cannabis laws has been associated with reductions in the use of more harmful substances, including alcohol, opioids, and other prescription drugs. For example, states with legal cannabis programs have reported decreases in prescription opioid use and overdose mortality.16,17 In Oregon, proximity to a cannabis retail outlet correlated with a 1-3.9% reduction in per capita opioid prescriptions.18 Additionally, Medicaid data from 2011-2019 indicate that recreational cannabis legalization is associated with reductions in the prescribing of drugs for pain, depression, anxiety, sleep, psychosis, and seizures.19 In Canada, where cannabis was legalized for adult use in 2016, the country has seen significant decreases in beer sales in every region except for the Atlantic provinces, where access to cannabis retail outlets is comparatively more restricted than in other regions.20,21 These trends are consistent with surveys of cannabis consumers who use cannabis to substitute other drugs including opiates, alcohol, and benzodiazepines.22–24 On a population level, this evidence suggests that increased access to cannabis does not support the “gateway drug” theory and may in fact facilitate transitions away from substances that pose greater risks to public health.
Beyond improved health outcomes and reduced use of riskier substances, expanding access to the legal cannabis market through the adoption of state regulations for buffer standards could also lead to cost savings for public services, including law enforcement and healthcare. For example, within the City of San Diego, there was a 4.23% decrease in domestic violence-related calls for assistance in the four years following cannabis legalization compared to the four years prior.25
In addition, the dominance of the unlicensed cannabis market presents a significant missed opportunity for local revenue generation. High barriers to entry, restrictive zoning laws, and exorbitant licensing costs ($49,460 for a medical cannabis license in the County) drive businesses into the illicit market.6 To fully realize the revenue potential of cannabis legalization, the County should reduce barriers to entry and encourage the transition of unlicensed operators into the legal market. Expanding access through the adoption of state regulations for buffer standards would enable the County to collect taxes on cannabis purchases that would otherwise occur in the unregulated market or neighboring jurisdictions. The City of Vista provides a strong example of how a thriving legal cannabis market benefits local economies, including the public service sector.26
Outdoor Cultivation
Outdoor cannabis cultivation offers significant environmental and health benefits compared to indoor-only operations alone. Prohibiting outdoor cultivation is not justified based on available evidence.
As a whole, cannabis uses similar amounts of water as other crops in California.27 However, outdoor cultivation can be a more environmentally responsible alternative, particularly when regenerative farming techniques are employed. Organic pest control, soil regeneration, and advanced water conservation methods reduce cannabis’ ecological footprint, making it an ideal model for sustainable agriculture.28 In addition, outdoor farms utilize significantly less energy and emit fewer carbon emissions than indoor farms.29
Furthermore, much of the environmental degradation posed by cannabis cultivation in California can be attributed to illicit cannabis production.27 Expanding entry into the licensed, regulated market would allow the County to enforce responsible farming practices, mitigating environmental damage and promoting sustainable agriculture.
Beyond environmental benefits, outdoor cultivation enhances the therapeutic quality of cannabis. Sun-grown plants develop a richer, more diverse profile of cannabinoids and terpenes—compounds crucial to cannabis’ medicinal properties.30,31 This diversity can amplify therapeutic effects while mitigating potential adverse reactions for consumers, especially medical patients.32
Conclusion
In sum, aligning county policies with state buffer standards and allowing for outdoor cannabis cultivation are essential steps toward promoting public health, equity, and environmental sustainability. For these reasons, we support Alternative 2. We appreciate the opportunity to submit this public comment and welcome further discussion on these critical issues.
About the San Diego Chapter of Americans for Safe Access
The San Diego Chapter of Americans for Safe Access (ASA) is the local chapter of the largest national member-based organization of patients, medical professionals, scientists, and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy, and services for patients and their caregivers. ASA has over 150,000 active members with chapters and affiliates in all 50 states. San Diego ASA helps protect the rights of cannabis patients. We are working to change local and federal policy to meet the immediate needs of patients as well as create long-term strategies for safe access and programs that encourage research.
References
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2. Cannabis Regulatory Requirements. Engage San Diego County. Accessed February 1, 2025. https://engage.sandiegocounty.gov/cannabis-regulatory-requirements
3. Alexander Nieves. California’s legal weed industry can’t compete with illicit market. POLITICO. October 23, 2021. Accessed February 1, 2025. https://www.politico.com/news/2021/10/23/california-legal-illicit-weed-market-516868
4. California D of CCS of. 86% of Californians who consume cannabis believe it is important to shop legally. Department of Cannabis Control. Accessed July 2, 2024. https://cannabis.ca.gov/2024/02/86-of-californians-who-consume-cannabis-believe-it-is-important-to-shop-legally/
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