City of Seattle - City Council - Council Meeting
(September 6, 2022) - Cannabis Equity Ordinances

After largely encouraging public comments for three city ordinances on cannabis labor and equity policies, the council adopted all the measures and promised more action in the future.

Here are some observations from the Tuesday September 6th Seattle City Council (City of Seattle - City Council) Council Meeting.

My top 4 takeaways:

• More than a dozen cannabis stakeholders, labor representatives, and members of the public offered encouragement and remaining concerns about the council proposals to address social equity and worker rights in the cannabis sector.
  • Katie Garrow, Martin Luther King, Jr. County Labor Council (MLK Labor) Executive Secretary Treasurer and Laborers Local 242 (audio - 2m, video)
    • Offering her council’s support for all the “cannabis equity” ordinances the council was preparing to consider, Garrow indicated the mission of MLK Labor was “to build power, eradicate bigotry, and support our unions as the best way to improve our community.” She wished a happy Labor Day to the “20,000 of you who labor across Washington state” in the cannabis sector before asserting that its newness and the federal prohibition against cannabis justified "some improvements that we need to be making." Feeling that “we need to take responsibility for” fixing “racist” drug war policies, Garrow complimented the council members who had supported the proposed legislation along with UFCW 3000 “who’s been supporting cannabis workers in this fight.”
  • Renaissance, 350 Seattle Campaigns Co-Director and Staff Collective Member (audio - 1m, video) 
    • Also supporting “solidarity with UFCW 3000,” Renaissance called for "automatic expungement” as he was “part of passing Resolution 31614 in 2015” on “zero use of detention for youth.” As a “formerly incarcerated individual,” he said he couldn’t have originally joined the legal cannabis sector which made him want “retroactive” conviction expungements “because of the way the prison-industrial complex has impacted our people negatively.” Renaissance further advocated for the advisory group created in Council Bill (CB) 120391 to have adequate worker representation as a way to ensure workers could “have the capacity to grow in the industries where they’re at and to continue going forward within the industry itself.”
      • The complexities around vacating and expunging cannabis convictions were also discussed during a Washington State Legislative Task Force on Social Equity in Cannabis Non-Violent Offense Policy and Home Grow Work Group meeting on August 9th.
  • Peter Manning, Black Excellence in Cannabis (BEC) member (audio - 1m, video) 
    • Manning voiced gratitude to Councilmembers Teresa Mosqueda and Sara Nelson “for getting us further down the road.” He insisted that he was “not anti-union, what I am is pro-equity, I’m pro-equality." He didn’t want programs that “teach me how to be a better servant, what I need is someone to show me how to be an owner.” Manning hoped those that had been “pushed out” of the city cannabis sector would get a chance to “get back in the game.”
      • Manning had previously criticized one of the cannabis ordinances ​​for trying to “merge” union interests with social equity without engaging existing equity stakeholders such as BEC.
  • Mike Asai, Emerald City Collective Gardens (ECCG) Co-Founder and BEC Vice President (audio - 1m, video) 
    • Asai seconded Manning’s feedback, saying ECCG was shut down by city action, “not the state, it was the city of Seattle who made threats and shut us down.” Seeing “no money for social equity applicants” in the proposals, he asked for funds to be added, stressing that BEC wasn’t “anti-union.”
      • Manning and Asai spoke to the committee about equity issues on July 20th, and Asai also spoke on August 11th. 
  • Lynn Domingo, a cannabis patient and medical advocate (audio - 2m, video) 
    • Domingo spoke to a council committee about medical cannabis and social equity on March 2nd. She mentioned affiliation with the Legacy of Equality Leadership & Organizing (LELO) before echoing calls for expungement and “a commission.”
  • Gabriel Prawl, A. Phillip Randolph Institute Seattle Chapter (Seattle APRI) Chapter President and ILWU Local 52 President (audio - 2m, video) 
    • Having also spoken on August 11th, Prawl was in favor of cannabis equity, including for “the workers” whom he felt were “being disenfranchised.” He gave his support for the “great work” on the topic done by UFCW 3000 members.
  • Charlotte “Lotta” Brathwaite, former budtender and The Bakersmen Collective Producer (audio - 3m, video, written comments)
    • Brathwaite addressed social equity implications of raids on unlicensed cannabis markets by Washington State Liquor and Cannabis Board (WSLCB) officers on August 30th. Though neither event was in Seattle, she believed city leaders needed to consider “impacts on the BIPOC community” and the “lack of access” to the existing industry which led to “unofficial markets to sell cannabis products” like those targeted following public disclosure of their existence. Claiming that “approximately 30%” of their customers were persons of color who appreciated “a safe space for their community,” Brathwaite wanted the city to help “unofficial market participants” get proper licensing in order to reduce the “inequalities that BIPOC cannabis users face.”
      • Brathwaite also spoke during a WSLCB BIPOC outreach event in October 2020 and was the 2022 recipient of the first Full Spectrum Scholarship Fund.
  • Mike Check, KSER 90.7 former host of The Mike Check Show (audio - 1m, video) 
    • Check claimed his past work as a videographer included a “corporate meeting” where then-City Attorney Pete Holmes said "I'm not going to convict young Black men." He said this had been “the initial [Initiative] 502 meeting” in 2011 but found the council’s current equity dialogue to be “a bunch of talk, it’s hot air.” Check hoped officials would work to "get these licenses into the right hands."
  • Brionne Corbray (audio - 1m, video) 
    • Corbray previously addressed council members on August 17th.
  • Maurice Gordon, BEC member (audio - 1m, video) 
    • Calling himself a “pioneer in the cannabis industry,” Gordon was aligned with earlier speakers in being “pro-equity” rather than “anti-union” and wanted city leaders to do more. Since “generational wealth is a key component to family structure," he wanted cannabis business ownership to be an avenue open to workers and those left out of the industry.
      • In January 2020, Gordon represented BEC in making allegations of discrimination by WSLCB staff in a particular license application.
  • Zion Grae-El, Have a Heart Belltown budtender (audio - 1m, video) 
    • Believing that "equity is essential," Grae-El commented that "barriers not only need to be removed, but repairs need to be made." Professing his love of cannabis and a background in the business, he lamented that he’d “lost my job, to Zips" Cannabis. But the ordinances under consideration “protects that" from happening to others, including those who didn’t always want to “move up” in the cannabis sphere.
      • Grae-El previously testified in a council committee about worker needs on February 16th, April 6th, and most recently on August 11th.
  • Kristin Wilde, Quality Food Centers (QFC) Union Steward (audio - 1m, video) 
    • Wilde had been “asked by my union to come and talk to you guys about about why” she valued union membership, and shared her positive experiences with unions from her time in the retail sector, including the right to wear a Black Lives Matter face mask.
  • Matt Edgerton, UFCW 3000 Cannabis Division Director (audio - 1m, video) 
    • Edgerton said a proposed cannabis needs assessment was one way to “move forward together” in order to address both drug war harms and “a lot of wrongs done in the legalization of cannabis” such as not having medical cannabis patients and workers “at the table.”
      • He previously provided feedback on August 17th.
  • Adán Espino, Craft Cannabis Coalition (CCC) Executive Director (audio - 1m, video) 
    • Espino’s priority representing “half the stores in Seattle” had been to ensure that the “needs assessment process is fair and unbiased.” Espino remarked that his organization would continue to engage as a partner in the city’s equity work. Even though they didn’t “love every detail in the cannabis equity package,” they understood the goal “and are ready to do our part to advance equity” through a “neutral, fair” process.
      • Espino’s last time speaking to city officials about the council bills was on August 7th.
  • Sheley Anderson, CCC Deputy Director (audio - 1m, video) 
    • Anderson noted that CCC had advocated for cannabis revenue changes to encourage funds “be reinvested directly back into communities that were ravaged by the failed war on drugs.” She said they were “excited to work with the city and community to create [a] truly equitable industry” that would center “the voices and the needs of the Black and Brown” communities which had been “fighting for equity.”
  • Claude Burfect, Seattle King County NAACP Vice President (audio - 1m, video) 
    • Because he believed “less than 1%" of cannabis retail owners were “Black and Brown,” Burfect felt there was a need to talk about “how Black and Brown people can be more involved in the industry.” He thanked labor organizations that had contributed lobbying efforts.
      • Burfect’s last comments to council members on cannabis equity were on April 6th.
  • Dyneeca Adams, Freedom Project WA Advocacy Director (audio - 1m, video) 
    • Adams shared comments in committee meetings on August 11th and 17th, in addition to being a cannabis stakeholder panelist on February 16th.
  • Key Porter, Medical Cannabis Consultant (audio - 1m, video) 
    • Power was another panelist who offered feedback on February 16th.
  • Elena Perez, Puget Sound Sage (audio - 1m, video) 
    • Perez was in favor of the ordinances being proposed because she still saw cannabis workers of color “being left behind time and time again," particularly “in emerging industries.” City leaders had a chance to “address serious equity concerns" in the billion dollar industry that had allegedly enriched “a small number of people at the expense of Black workers and communities,” she said. Perez wanted “democracy in the workplace” to become a “fundamental value” of cannabis businesses, including their “right to unionize.”

• Councilmember Teresa Mosqueda, the ordinance sponsor, introduced the topic of equity in cannabis and expressed optimism that her council bills would be a step towards “unity” on the issue.
  • Council President Debora Juarez had staff introduce the first cannabis equity ordinance, CB 120391, “establishing the City’s commitments and plans for supporting cannabis workers and supporting communities disproportionately harmed by the federal War on Drugs” (audio - 1m, video).
  • Mosqueda asked for the chance to speak to all three of the cannabis bills before them (audio - 7m, video).
    • The suite of legislation included:
      • CB 120392, which would set up a city equivalent social equity license category, waive or alter fees for cannabis businesses, prepare for expansion to new license types, and update references in the Seattle Municipal Code to “cannabis.”
      • CB 120393, which would alter Seattle employment rules around cannabis worker retention by changing notification and hiring practices during business assumptions.
    • Observing that members of the Seattle City Council Finance and Housing Committee had been contemplating cannabis worker equity for “a very long time,” she knew the “call for us to have this conversation” had been going on for even longer. Mosqueda said their proposals had “come from all of you,” noting the work of staff for the Department of Finance and Administrative Services (FAS) and research on the “equity approach” in other jurisdictions. The critiques implicit in the ordinances encompassed “city policy” in addition to state and federal laws against cannabis, she commented.
    • Mosqueda stated that “over 10 years ago, we legalized cannabis in our region, but we fell short" and had not “centered workers, business owners, and communities who are Black and Brown, who are the target of the war on drugs at the national level.” Her hope was that the bills before them evinced city leaders taking ownership of their responsibilities because “to repair is an act of reparations" for the “public policy harms” citizens had endured.
    • The trio of ordinances were "small steps in the scheme of the harm caused by the war on drugs," Mosqueda admitted. She hoped their actions “brings us together to build upon what the state legislature is doing” with urgency, even if the city’s reaction was “late.” Mosqueda called it a “cohesion moment” for city officials by bringing people together to stay focused on those “disproportionately harmed by past public policies” and providing “concrete steps” on remedying the situation.
    • Appreciative of staff from Mayor Bruce Harrell’s office “for sending down” the legislation, Mosqueda thanked her fellow councilmembers for their time “to make amendments and enhancements so that we have greater opportunity for transparency and inclusion,” such as an advisory group envisioned under CB 120391 which she said would have “true representation” from all stakeholder groups. An amendment to the bill Mosqueda helped draft would resolve concerns over the impartiality of the needs assessment to help meet its goal of enhancing both “workforce training opportunities and greater stability for the industry.” She was confident that the final language helped the council “focus on equity, to focus on opportunity, and to focus on inclusion” and appreciated the more supportive public comments on their bills.
    • “I had one person tell me today, ‘the proof will be in the next steps, and where the funding comes from’” and the speed with which officials could improve cannabis licensing ownership and worker opportunity, stated Mosqueda. She wanted the “unity” of the meeting to endure after council members took action on the ordinances, and “to really make sure that as we bring together” business owners, workers, “and community,” that the council continued taking steps towards equity in cannabis.

• While the first ordinance incorporated an amendment and elicited some remarks, all three equity proposals before the council were given unanimous approval.
  • Mosqueda moved for adoption of Amendment A to CB 120391 (audio - 1m, video, Council Bill), which would “revise Section 10 to change the type of organization that should conduct the Cannabis Needs Assessment. The legislation currently states that the Needs Assessment shall be conducted by an entity, such as a Seattle-based educational institution, in partnership with a non-profit organization. This amendment would change Section 10 to state that the Needs Assessment shall be conducted by an independent academic institution with local expertise in:
    • identifying training needs for workers in a variety of industries;
    • developing industry- and job-specific training; and
    • delivering job skills programs.”
  • Nelson spoke to the amendment she was co-sponsoring with Mosqueda because their constituents "want us to listen to them, and they want us to work together." She considered the amendment an effort to do both things after she’d voted against the measure in committee. Nelson thanked Mosqueda and community members who’d spoken up and pledged to support the council bill if the amendment was incorporated into it (audio - 1m, video).
  • Mosqueda’s remarks on the amendment started off by noting the variety of stakeholder voices that “collectively support this amendment.” She believed that cooperation on the amendment would stop the ordinance from “dividing community even further” and help create opportunities for existing licensees and their employees. Mosqueda added that others had said to her the legislation represented a "momentous opportunity” for the cannabis space should regulators find “common ground” while helping “the industry grow in a more equitable way.” She mentioned that she was grateful to Nelson for her “partnership” and all the community members who offered comments during the development of the council bills (audio - 3m, video). 
  • The council unanimously voted to add Amendment A into CB 120391 (audio - 1m, video).
  • Considering the amended bill, Juarez took time to describe her reasons for supporting it. She first thanked Mosqueda, Nelson, and sent “a big shout out to Dustin Lambro,” UFCW 3000 Political and Legislative Director, for work on the bill, which she termed “monumental” in scope. Moreover, it was “strong, sturdy, and defensible,” she argued, which made it possible for "a lot more coming down the pike" (audio - 6m, video) 
    • Juarez agreed with public comments about wanting to see “Black business owners, minority business owners” owning cannabis retail stores. She reviewed potential educational institutions which might apply to organize the cannabis needs assessment, thinking they might eventually want to act “as a business incubator” for the industry. However, “until we legalize marijuana nationally” and increase access to business capital through banking reforms, Juarez knew there would be limits on minority-owned businesses gaining wealth and “the legacy of that wealth for their family, and their community.”
    • Bringing up her past work with tribal governments in a "contraband economy" for gaming, tobacco, and fireworks, Juarez talked about how difficult it was to legitimize an economy while maintaining control over the value being produced for tribes. For cannabis, she wanted Seattle “poised and ready to go" after federal legalization to help those impacted by cannabis prohibition, noting she’d represented some of them as an attorney. Juarez further felt that places like the Seattle Central College Cannabis Institute were "the front door to higher education" which was another way for individuals to increase their economic potential. She was excited to see how equity in cannabis would be impacted, and what further changes would result from the council passing the bills.
    • Lambro made comments to city lawmakers about cannabis and labor needs on March 2nd.
  • Mosqueda returned the gratitude she’d received, adding Councilmember Lisa Herbold as someone “working in this area for a long time” who had supported her concern over cannabis equity since FAS staff raised the issue in Mosqueda’s committee in 2021. She said the “urgency of why now" was due to members of the public who had shown up repeatedly and “kept calling for something” to be done. Pointing to the diverse stakeholders who had urged action, she called it a "community-large coalition" of UFCW 3000 members and others "culminating in today's vote” (audio - 5m, video).
    • Beyond bringing stakeholders together, Mosqueda knew their equity concepts would need to “be followed up by action in the future, must be followed up by funding in the budget, must be followed up by quickly convening the” advisory group and performing the needs assessment.
  • The council then voted unanimously to adopt CB 120391 (audio - 1m, video). 
  • Juarez then moved for passage of CB 120392 (audio - 1m, video, Council Bill) which was also approved with no dissenting votes (audio - 1m, video).
  • A final proposed ordinance, CB 120393 was moved to a final vote next (audio - 1m, video, Council Bill).
    • Nelson stated that she had "kind of gone back and forth" on the last measure dealing with cannabis worker retention, concerned it was an “overreach” of the council “and because requiring new cannabis business owners to hire the workers from the previous owner could” prevent the hiring of a diverse staff. However, the bigger threats of “crime and financial risk” weren’t due to Seattle policies, but due to federal law, she lamented. Until cannabis prohibition was ended nationally, reforms like CB 120393 represented the sector’s best chance “to thrive and survive.” Since the needs assessment could assist in “data driven policy decisions going forward” by the council, Nelson decided that since there’d been no stated opposition by businesses to CB 120393, “I’ll be supporting this bill” (audio - 1m, video). 
  • With a final unanimous vote passing the last cannabis equity ordinance, Juarez called the action taken by the council a “BFD" (audio - 1m, video).

• In addition to City allocation of funding for the new ordinances, the next stages of social equity policymaking in the cannabis sector would likely feature actions by the Washington State Liquor and Cannabis Board (WSLCB) and the Washington State Department of Commerce (WA Commerce).
  • A press release about the votes from city leaders quoted Mosqueda and others on the “historic” nature of the ordinances. Mayor Harrell stated “this is a first – but necessary – step toward equity long overdue in the cannabis industry…I look forward to the recommendations that result from the Cannabis Needs Assessment. This work won’t be easy, but I believe together we can foster an open conversation between workers, community members and industry leaders to identify common priorities and align on efforts to advance our shared values of equity and restoration.” 
  • At publication time, a rulemaking project to implement a social equity licensing program had reached a CR-102 phase and the proposed rules were scheduled for a public hearing on Wednesday September 14th.
    • On September 7th, WSLCB Director of Licensing and Regulation Becky Smith talked about the project with the King County Council Committee of the Whole and noted how any equity application window was dependent upon adoption of the new rules. Staff had stated on August 2nd that under this timeline a CR-103 adopting the changes could be presented to the board “September 28th, with an effective date very shortly thereafter.”
    • On September 13th, WSLCB Policy and Rules Manager Kathy Hoffman predicted it “could be December, it could be January” before the agency opened an application window (audio - 1m).
  • WA Commerce staff had partnered with WSLCB to create “technical assistance model courses" to assist social equity applicants in successfully applying. Smith stated on August 10th that online resources would “go live in September.”
    • WA Commerce officials gave a briefing to a work group on the program in June 2021, and a new appointee responded to questions at a WA SECTF meeting on June 28th.

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