Memorandum 16-037 Second Hand Marijuana Smoke

MEMORANDUM 16-037

DATE: February 1st 2016

TO: City Manager Koester

FROM: Mark Robl, Chief of Police, Bob Painter Fire Chief

SUBJECT: Second Hand Marijuana Smoke

Current proposals from the state will allow marijuana to be smoked in retail establishments. Marijuana Social Clubs are illegal under state law but how to conduct enforcement against them is not clearly defined. Clubs exist and are operating in Homer, Anchorage and Fairbanks. Nothing exists in state law to regulate the amount of smoke in these establishments, prescribe limits on smoke, or require ventilation.

We ask that the Council take into consideration the safety and potential exposure hazard of second hand smoke to City employees and volunteers when considering permitting the smoking of marijuana in retail establishments, marijuana social clubs or any public venue in the City of Homer. It is our responsibility to limit the exposure to second hand smoke of all types by our firefighters, police officers and EMS personnel whenever possible. Second hand marijuana smoke is arguably more dangerous than second hand cigarette smoke as it contains elements that may impair a person if subjected to excessive smoke for too long a period of time. The decision by the state to allow public smoking in retail stores and not to address it in social club situations without ventilation requirements or smoke concentration level restrictions produces potentially hazardous response situations and liability concerns for us. We would not want to send a police officer or firefighter into a dangerous scene after any exposure to second hand marijuana smoke, especially if they’ve been in a setting where the smoke level was very elevated. There is no known acceptable exposure level to second hand marijuana smoke for first responders. Any level of THC discovered in a police officer could result in their decertification by the Alaska Police Standards Council. The city passed an ordinance several years ago to ban cigarette smoking on any city owned property to protect city employees from second hand smoke.