San Francisco Chronicle

S. F. sets vote to ban smoking ( yes, pot too) in apartments

- By Trisha Thadani

San Francisco could become the largest U. S. city to ban smoking cannabis and tobacco in apartment and condo buildings.

The Board of Supervisor­s is expected to vote Tuesday on a proposal to protect residents from secondhand smoke. Smoking is illegal in common spaces such as stairwells and hallways, and many landlords ban it indoors entirely.

The wouldbe ordinance crafted by Supervisor Norman Yee would take existing laws further and prohibit all residents — except those with medical cannabis cards — from smoking in buildings with three units or more. That includes private apartment buildings, lowincome buildings called Single Room Occupancy hotels, and condominiu­ms.

Repeat offenders could be fined $ 1,000 a day, but could not be evicted for any violation.

The proposal roils cannabis activists, who say it would infringe on the right to use a legal substance unless they made enough money to own a singlefami­ly home.

It’s illegal under state law to smoke cannabis in public places — although that’s not earnestly enforced in San Francisco.

Ban supporters say it’s vital to protect the health of nonsmokers, particular­ly lowincome residents in dense apartment buildings.

“My motivation is just to give people clean air to breathe, that’s all,” said Yee, who will leave office in January.

If passed, San Francisco would join 63 California cities

— including Alameda, Berkeley, Santa Clara and Santa Rosa — and counties with bans.

The Department of Public Health would be responsibl­e for enforcing the new law. Yee said the city would first try to educate violators and help smokers quit.

The Bay Area division of the American Heart Associatio­n, which supports the ordinance, called it an “important strategy to protect vulnerable population­s from dangerous secondhand smoke exposure in their homes.” The San Francisco TobaccoFre­e Coalition said it would add to the city’s “history of advanced tobacco policies which increase health equity among our diverse communitie­s.”

Supervisor­s Shamann Walton and Sandra Lee Fewer cosponsor the ordinance. Walton declined to comment, and Fewer could not be reached Monday.

Supervisor Rafael Mandelman said he will propose an amendment to exempt cannabis from the ordinance. He said he is “persuaded” by the harm of secondhand smoke from tobacco, but he was not comfortabl­e with a law that does not allow people to smoke cannabis at home.

“We are taking away the only feasible place for people to smoke cannabis,” he said.

The city’s Cannabis Oversight Committee, which is appointed by the Board of Supervisor­s, staunchly opposes the ban. In a fivepage letter to the board, the committee said while the “wellintent­ioned” legislatio­n seeks to protect air quality for nonsmokers, it does so “at the cost of the health and civil liberties of cannabis users.”

“The ordinance would disallow smoking, but only for people in multiunit residentia­l buildings, meaning that San Franciscan­s who can afford to buy freestandi­ng homes would be unaffected and could still smoke in peace,” Nina Parks, chair of the committee, said in the letter.

While those with medical cannabis cards would be exempt, she said the “vast majority” of cannabis patients do not have one because it is a legal substance for adults in San Francisco. Parks added that the $ 1,000aday penalty would add “insult to injury, since only wealthy people can pay such fines, but wealthy people are already exempted by virtue of owning their own freestandi­ng homes.”

Kaylah Williams, copresiden­t of the Harvey Milk LGBTQ Democratic Club, said the law would also disproport­ionately impact lowerincom­e residents and people of color, who generally live in denser apartment buildings in the city.

City statistics show 53% of San Franciscan­s live in housing with two or more units. The ordinance would apply to buildings with at least three units.

“That is a huge frustratio­n,” Williams said. “It could play into some real classist issues. Like, it’s only OK for you to smoke cannabis if you own a ( singlefami­ly) home?”

In response to that point, Yee said lowincome people living in dense apartment buildings are already subject to the harms of secondhand smoke.

“The negative impact is already there,” he said. “Where is the right for people to breathe clean air?”

According to the American Heart Associatio­n Bay Area, secondhand smoke can cause serious disease and premature death among nonsmokers. The smoke can travel through ventilatio­n, heating and air conditioni­ng units.

In 2013, more than half ( 52%) of Latino San Franciscan­s reported secondhand smoke drifting in their homes, according to the Department of Public Health.

But Dr. Donald Abrams, an oncologist and cannabis researcher at UCSF, said banning cannabis smoking indoors “lacks scientific basis and would do more harm than good.”

“It is incorrect that cannabis smoke is equally dangerous as tobacco smoke; it is not,” he wrote in a letter to the Board of Supervisor­s. “Since no serious harms have been proven, even for the individual inhaling cannabis firsthand, evidence does not support the conclusion that it is a health risk for someone in an entirely different housing unit.”

Supervisor Aaron Peskin, who oversees neighborho­ods like Chinatown, which have dense housing, said complaints about secondhand smoke are

“few and far between.” But, he said, many of his constituen­ts support such a ban on indoor smoking — particular­ly when it comes to tobacco.

Peskin said he would support the ordinance only with an exemption for cannabis. Still, he said there may be “unanticipa­ted consequenc­es.”

“If people live in longterm, rentcontro­lled apartments, and some of those people are addicted to tobacco, and if they are facing $ 1,000 in penalties, that could be extraordin­arily impactful to their ability to age in place,” he said.

Secondhand tobacco smoke has been a huge issue in renter Julie Halatyn’s Sunnyside building, as cigarette and cigar smoke from her downstairs neighbor constantly drifts into her apartment. While she said she has asked her neighbor to be more mindful, the smoke continues to agitate her and her baby.

“I can smell it in my bathroom,” said Halatyn, a registered dietitian.

Halatyn — who emailed Yee last year and inspired him to pursue the legislatio­n — said she’s more concerned about tobacco smoke than cannabis smoke, and that she would still support the ordinance if cannabis were exempt.

“It’s frustratin­g,” she said of tobacco smoke seeping into her apartment. “Of course it stinks and it’s gross, but what really gets me is that I take such good care of myself and I have no control over the person who is inflicting harm on my body.”

 ?? Gabrielle Lurie / Special to The Chronicle ?? Where would a pot smoker light up, if not at home? That question could lead to a cannabis exemption in proposed law.
Gabrielle Lurie / Special to The Chronicle Where would a pot smoker light up, if not at home? That question could lead to a cannabis exemption in proposed law.

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