Commercial Marijuana Cultivation Rules Set Few Limits Jennifer Kalt, NEC Board Secretary On October 9, Governor Jerry Brown signed into law three bills—SB643, AB266, and AB243— that form a long-overdue statewide framework to regulate commercial medical marijuana cultivation and distribution. The framework creates a process by which counties and cities can issue local permits to create regulations more restrictive than the state’s—or they can ban cultivation entirely. The deadline for adopting local rules governing permits is March 1, although Assemblymember Jim Wood plans to change that date as soon as possible. Despite the proposed change, Humboldt County is rushing to put a cultivation ordinance in place as fast as it can to meet that March 1 deadline. As reported in the Oct/Nov issue of EcoNews, the Humboldt County Board of Supervisors voted on September 15 to take the lead on developing a cultivation ordinance for parcels over five acres, a process that was spearheaded by industry lobbyists late last year. On October 30, Humboldt County staff released its draft ordinance for review by public and the Planning Commission, which will submit its recommendations to the Board of Supervisors for another series of public hearings. General support for the draft ordinance was expressed in letters from the Department of Fish and Wildlife, Humboldt
Commercial outdoor marijuana cultivation area in square feet and permit types by parcel size as recommended by the County Planning Commission on Nov. 18: Parcel Size <1 acre <5 acres 5-10 acres 10-30 acres 30-320 acres 321+ acres
Ministerial Permits Up to 100 sq. ft. Up to 200 sq. ft. Up to 3,000 sq. ft. Up to 5,000 sq. ft. Up to 10,000 sq. ft. Up to 20,000 sq. ft.
Special Permits 5,001-10,000 sq. ft. 10,001-20,000 sq. ft. -
Ministerial Permit: requires compliance with a set of general standards. Special Permit: requires site-specific assessment; public hearing not required. Conditional Use Permit: requires site-specific assessment; public hearing required.
County Farm Bureau, Buckeye Conservancy, and many environmental organizations and individuals who recognize the need to bring this industry into compliance with state and local regulations designed to protect the environment and public safety. However, after seven public hearings on the ordinance, it has become clear that the majority of Humboldt County Planning Commissioners want to open the doors for expansion of the Green Rush. While we appreciate the Planning Commission’s recommendations for limits on water trucking and a one-year window for permit applications, many other votes will result in very few limitations on the industry, including:
Photo: Colleen Elliott, flickr.com CC
3
Conditional Use Permits >100 sq. ft. >200 sq. ft. >3,000 sq. ft. >10,000 sq. ft. >20,000 sq. ft. >20,000 sq. ft.
www.yournec.org
• No limit on the number of new grows that would be permitted; • No limit on the number of permits overall; • No limits on the number of permits per parcel; • No limits on indoor cultivation relying on diesel and gas generators; • No limit on the amount of Timber Production Zone (TPZ) or agricultural land that can be converted to marijuana cultivation; • Large increases in the size of cultivation areas proposed in the draft ordinance (see above). Back-to-the-landers representing HUMMAP, the Humboldt Mendocino Marijuana Advocacy Project, have argued eloquently for sun-grown, organic grow sites under 3,000 square feet to ensure the quality and competitiveness of the “Humboldt brand,” but the Planning Commission voted against including such a concept, stating it’s better left to the County Agricultural Commissioner and third-party certification. As we go to print, County staff is incorporating the Planning Commission recommendations into the draft ordinance for the Planning Commission’s final review on December 1. Staff will also need to revise the Mitigated Negative Declaration (MND), the environmental analysis which claims that all impacts to water quality, protected species such Continued on page 9 as coho and Chinook...
Oct/Nov 2015
EcoNews