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FINANCIAL STATEMENT Existing staff in the City Attorney's Office and Housing Division are anticipated to be able to educate multifamily rental apartment owners and managers about these new restrictions on smoking. The City's Code Enforcement Officer and Police Department staff are expected to add this to existing enforcement duties on a complaint-made basis, after the apartment owner or manager demonstrate that they have diligently pursued compliance as required by the proposed ordinance. BACKGROUND Concerns about health effects from second hand smoke exposure have made restrictions on smoking in multifamily rental apartments a Council priority. DISCUSSION At the Council's June 20th meeting, there was strong support for the proposed smoking restrictions. Speakers did express concern regarding medical marijuana' being smoked inside of units. The Rental Housing Association and other speakers requested a complete ban on marijuana smoking. These comments were in response to the "reasonable accommodation" provision of the proposed ordinance that would permit a tenant to smoke medical marijuana inside of the tenant's unit after the tenant provided written documentation to the apartment manager that the tenant "needs to smoke medical marijuana for medical or therapeutic purposes and no alternative means of ingestion or delivery are available".2 The Housing Commission had recommended inclusion of Option 1 — Accommodate Inside.3 The Council, in introducing Ordinance No. 2164 on June 20th, adopted the smoking restrictions and the reasonable accommodation provision with modifications: to also require the tenant seeking the reasonable accommodation to demonstrate that the tenant is unable to smoke outside; and delete references to snuff and chewing tobacco as suggested by the Rental Housing Association. The Council also requested additional information about the ability to regulate medical marijuana smoking. The Compassionate Use Act (1996) is the state initiative that decriminalized the use and cultivation of medical marijuana by qualified patients and their caregivers. State law still prohibits the smoking of medical marijuana where smoking is otherwise prohibited by 1 The ordinance's definition of"smoke" and "smoking" includes marijuana (see§9.26.020.H.). 2 See Attachment 1, pg. 5, §9.26.030.B.3. where "...then the prohibition in §9.26.030.A.1 [smoking inside of a unit] shall not apply to such person." is the reasonable accommodation policy introduced by Council on June 20th (the language provided on June 20th had erroneously overstated that"...this chapter[all the smoking restrictions] shall not apply to such person.") This correct policy language is reflected in Attachment 1. 3 The Housing Commission was only presented a single recommendation for medical marijuana, identified here as Option 1 —Accommodate Inside. Page 2 of 4