Humboldt Cannabis Reform Initiative: Prohibition 2.0

written by Ross Gordon @hcga humboldt

In late 2021, a small group of retired landowners in Kneeland contracted with a San Francisco-based attorney to write a ballot initiative which would overhaul the rules governing cannabis cultivation in Humboldt County Several months later, the “Humboldt Cannabis Reform Initiative” - a 32-page, detailed legal ordinance proposing to fundamentally rewrite Humboldt’s cannabis ordinances - was born

The result is that, on March 5, 2024, the HCRI will appear on the ballot in Humboldt County, and voters will have the opportunity to vote to approve or reject this initiative With the future of Humboldt cannabis in the balance, it’s imperative that voters are educated on what this initiative would do, and understand its likely impacts on small cannabis farmers, the environment, and Humboldt as whole

From the start, the marketing for the HCRI was deceptive Circulated under the title “Large-Scale Commercial Cannabis Cultivation Restrictions” initiative, the HCRI’s proponents claimed that the purpose of the HCRI was to prevent large-scale, industrial cannabis agriculture in Humboldt County

In reality, however, only a small fraction of the initiative - two provisions out of 32 pages of new lawaddresses large-scale cultivation The rest of the initiative, if passed, would impose dozens of new restrictions on all cannabis farmers in the county, of any size, down to the county’s smallest cultivators

As small cannabis farmers struggle under mountains of red tape not applicable to other forms of agriculture, any additional bureaucracy would be cause for concern The stakes of the HCRI, however, are even higher than this: if passed, the initiative would render Humboldt’s cannabis ordinances essentially non-functional

In a comprehensive analysis of the HCRI published by the Humboldt Planning Department in March, the county was direct: "the HCRI will have dire consequences to the cannabis industry in Humboldt County the HCRI could [make] compliance so difficult that the legal market is rendered not viable ”

One of the most concerning provisions in the HCRI deals with restrictions on “expansion,” which the initiative seeks to discourage Counterintuitively, though, “expansion” in the HCRI is defined not just as an increase in cultivation area, but also as any increase in the “number or size of any structures used in connection with cultivation ” This definition would encompass any number of normal agricultural activities on a small farm - like a new drying shed, or an upgraded greenhouse - as well as environmental improvements, such as water tanks and solar systems, that are hallmarks of Humboldt’s regenerative farms

The HCRI would also prohibit farmers from holding “multiple permits,” meaning that cultivators could not apply (for example) for a nursery license to be able to sell or distribute cannabis genetics, or to open a cooperative processing facility with their neighbors It would apply new road standards that many cultivators - especially small, legacy cultivators in more remote areas - would be unable to comply with And it would require all cultivation permits to renew yearly with the county, while imposing new conditions on those permits that would prevent many cultivators from successfully completing their renewal If passed, the HCRI would instantly render most currently-permitted cannabis farmers in Humboldt non-conforming, despite the years of exhaustive process that these farms have gone through to become fully permitted

The problems with the HCRI are a reflection of the process - or lack of process - that led to its creation The initiative was not written through an open public process with input from cannabis farmers, environmental advocates, county or state regulators, or other members of the public Instead, the HCRI’s 32-pages were drafted behind closed doors, and were not shared publicly until the initiative was already submitted to Humboldt’s Office of Elections in March 2022, at which point its provisions could not be legally changed

The HCRI would follow a familiar model for corporate capture of an industry: first, establish regulations so exhaustive that small businesses are not able to comply; then, once smaller operators are eliminated, large corporate actors can use their lobbying power to take control of what’s left The HCRI, if passed, would throw Humboldt’s cannabis ordinance for small farmers into a tailspin, while hundred-acre industrial farms in Santa Barbara and Salinas laugh all the way to the bank

So, what is there to do? Ultimately, the answer is education. Most of us in Humboldt, whether connected with the industry or not, share a common vision for a small-scale, localized, craft, environmentally sustainable cannabis economy. If the public understands the true impacts of the HCRI, the initiative is unlikely to pass: but whether that education is effective will depend on all of us.

At Humboldt County Growers Alliance, where I serve as Policy Director, we ’ re working collectively to ensure that our community is educated on the true impacts of the HCRI. For more information on the initiative, and to hear directly from cannabis farmers who have spoken about how the HCRI would affect them, we ’ ve compiled a set of resources at https://linktr.ee/savehumboldtcannabis. We encourage everyone to take the time to inform yourself on the HCRI, and talk to your friends and neighbors about the devastating impact this initiative would have on Humboldt’s world-renowned cannabis farmers.