Appendix 1 Marijuana Legalization Workgroup Minutes July 31, 2020 9:30 AM Virtually via WebEx Video can be found at: https://www.youtube.com/watch?v=XSpfHf2vjHU Work Group Attendees: Secretary of Agriculture and Forestry Bettina Ring Secretary of Public Safety and Homeland Security Brian Moran Assistant Secretary of Health and Human Resources Catie Finley, on behalf of Secretary Daniel Carey Fabrizio Fasulo (VCU Wilder School Center for Urban and Regional Analysis) Jimmy Thompson (VA Center for Addiction Medicine) Nour Alamiri (Chair of Community Coalitions of VA) Holli Wood (Office of the Attorney General), on behalf of Mark Herring Colby Ferguson (DMV), on behalf of Commissioner Richard Holcomb Kristen Collins, (Tax Department), on behalf of Commissioner Craig Burns Commissioner Jewel Bronaugh (VDACS) Caroline Juran (Board of Pharmacy) Kristen Howard (State Crime Commission) Nate Green (Virginia Association of Commonwealth’s Attorneys) Jenn Michelle Pedini (Virginia NORML) Travis Hill (Virginia ABC) Ngiste Abebe (Columbia Care) Dr. Sam Caughron (Charlottesville Wellness Center Family Practice) Michael Carter Jr. (VSU Small Farm Outreach Program and farmer) Heather Martinson (Co-chair for Prevention Council VASCB), on behalf of Jennifer Faison Additional Attendees: Deputy Secretary of Agriculture and Forestry Brad Copenhaver Justin Bell (Office of the Attorney General) Deputy Commissioner Charles Green (VDACS) Dr. David Brown (Department of Health Professions) Annette Kelly (Board of Pharmacy) Colin Drabert (State Crime Commission) The meeting was called to order virtually at 9:30 AM. Secretary Bettina Ring: Provided the welcome to the workgroup meeting and a brief description of the purpose of the workgroup, which is to examine the feasibility of legalizing sale and personal use, potential revenue impact, necessary legal framework, and health effects of Marijuana use. They have to report on this by November 30, 2020. Appendix 1 Justin Bell (OAG): Provided Freedom of Information Act (FOIA) training (see attached slide deck). Secretary of Public Safety and Homeland Security Brian Moran: Provided a brief welcome and explained how the legalization of Marijuana has ramifications across multiple secretariats in the Governor’s office. He also highlighted the fact that Virginia has watched other states ahead of us in the legalization of marijuana and that we have learned from them and may be able to avoid some of the issues that other states have faced. Dave Cotter Policy Director of DCJS (Marijuana Legalization): He provided an overview of how the laws and regulations related to Marijuana have changed rapidly in the Commonwealth of Virginia (see attached slide deck). Secretary Bettina Ring: Facilitated introductions of all members of the work group or their designees. Deputy Secretary Brad Copenhaver: Explained the charge of the work group and a recommended structure for engagement (see attached slide deck). Work Group Charge: The General Assembly has asked this group to study the impact on the Commonwealth of the sale and personal use of marijuana. 1.) Legal and regulatory frameworks that have been established in states that have legalized the sale and personal use of marijuana, 2.) The feasibility of legalizing the sale and personal use of marijuana, 3.) The potential revenue impact of the legalization on the commonwealth, 4.) The legal and regulatory framework necessary to successfully implement legalization in the commonwealth, and 5.) The health effects of marijuana use. Recommended engagement structure: Will take place over the next 4 months. There are three proposed subgroups (Fiscal and Structural, Legal and Regulatory, and Health Impacts). The groups will be divided up based on policy questions. There will be membership recommendations to follow. Fiscal and Structural: Feasibility of legalizing the sale and personal use of marijuana & potential impact to the commonwealth. Legal and Regulatory: Legal and regulatory frameworks of other states & Framework necessary to implement in VA. Health Impacts: Health effects of marijuana use, including both personal and public health. Mentioned that there is a plan to have a Diversity, Equity, and Inclusion Officer at the table in each of the subgroups. 3-4 meetings approximately for each subgroup. Each meeting will be open with structured public comment. One meeting should be used to solicit technical expertise and input from interested stakeholders. Each group makes recommendations to the workgroup for discussion about inclusion in final report. Appendix 1 Associated Timeline: July 31st was the first meeting. The second meeting will be September 16th. The third and final meeting will be October 28th. Subgroup work will take place in the time slots between the meetings, with the report being due on November 30th. Secretary Bettina Ring: Facilitated question and answer period Dr. Thompson: Work group and division of labor question (If there is legalization and taxation…how would the revenue be spent on subsequent issues? How increased revenue would be used to help deal with substance abuse issues? Will there be time to do work across subgroups?) Brad Copenhaver: Yes the groups will consider these questions, and there should be time to work across the different groups. Samuel Caughron: How can I access all of the data that has already been gathered? If there are expenses involved for gathering information will there be a system for reimbursement? Brad Copenhaver: We will set up a system to share this information, and we will look into the question of getting expenses covered. Ngiste Abebe: When and how should we follow up about the subgroups and showing interests in wanting to participate in other subgroups? How does soliciting technical expertise come to fruition in subgroups to get that expertise? Brad Copenhaver: We will follow up after this meeting with an email asking you to choose a subgroup or subgroups. Each subgroup will decide how to solicit the proper technical expertise. Nate Green: When do you anticipate making the subgroup assignments? When will the group leaders be selected? When will the groups start meeting? Brad Copenhaver: We will do all of this in the next couple of weeks. Consensus Vote: Unanimous vote to move forward with the work plan and subgroups. Green (Understand and Agree):19 Yellow (Needs Some Clarity):0 Red (Reservations and Concerns):0 Public comment was offered and no members of the public spoke. Secretary Ring adjourned the meeting at 11:55 AM. 11/23/2020 Understanding FOIA or: How I Learned to Stop Worrying and Love Open Government. If you don’t know, now you know § 2.2-3702. Notice of chapter. Any person elected, reelected, appointed or reappointed to any body not excepted from this chapter shall (i) be furnished by the public body's administrator or legal counsel with a copy of this chapter within two weeks following election, reelection, appointment or reappointment and (ii) read and become familiar with the provisions of this chapter. 1 11/23/2020 Freedom of Information Act (FOIA) Purpose – By enacting FOIA, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted. The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. Va. Code § 2.2-3700. FOIA How FOIA is to be viewed – The provisions of FOIA shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. 2 11/23/2020 FOIA The two major pillars of FOIA: 1. Public Records 2. Meetings Public records Except as otherwise specifically provided by law, all public records shall be open to inspection and copying by any citizens of the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the Commonwealth. Va. Code § 2.2- 3704. 3 11/23/2020 Public records What are “public records”? "Public records" means all writings and recordings, however they are stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. Va. Code § 2.2-3701. Minutes, including draft minutes, and all other records of open meetings, including audio or audio/visual records shall be deemed public records and subject to the provisions of this chapter. Va. Code § 2.2-3707(I). The custodian of such records shall take all necessary precautions for their preservation and safekeeping. Va. Code § 2.2-3704. FOIA How do you respond to a FOIA request? Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing. Va. Code § 2.2-3704(B). See Va. Code § 2.2-3704(B)(1-4) for permissible responses. If it is not “practically possible” to produce the requested records in five days, you may secure another seven work days under certain conditions. Va. Code § 2.2-3704(B)(4). Generally, no public body shall be required to create a new record if the record does not already exist. Va. Code § 2.2-3704 (D). Failure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter.