Last week, we discussed that the Board of Supervisors in October gave the provisional go-ahead to expand pot cultivation in Mendocino County despite opposition from the Sheriff, environmentalists, and ranchers.
By a 4-to-1 vote, the Board conditionally OK’d numerous new provisions for a proposed Ordinance that will allow cultivation to occur on a minimum parcel size of 10 acres or larger up to 10 percent of the total parcel area. For example, a 600-acre parcel could have up to 60 acres of cultivated weed, or 100 acres of pot could be grown on a 1,000 acre parcel.
To his credit, Third District Supervisor John Haschak was the lone dissenter, explaining he had “serious concerns about” the expansion because “that’s going to really devastate the small growers. The range land, you know, we heard from the Sheriff, environmental groups, ranchers that are against it. There’s not a work plan to move this (forward) so I’m going to vote no.”
A week ago, the Board approved a motion giving “Direction to Staff and Requesting the Planning Commission Review and Make Its Report and Recommendation to the Board of Supervisors Within Forty Days on (1) Draft Amendments to Mendocino County Code Regarding Commercial Cannabis Cultivation; and (2) Draft Amendments to Mendocino County Code Regarding Commercial Cannabis Facilities and Cannabis and Other Special Events”
Weed industry heavyweights such as Henry’s Original and Flow Kana submitted statements arguing in favor of the “10% rule,” using nearly the identical language that was approved by the Supes.
According to Flow Kana’s written statement, “The Board of Supervisors has, on previous occasions, supported cultivation in RL zones and expansion, the only logical plan now, would be to incorporate these components into the ordinance as it is being developed … The amount of land that can be used for cannabis cultivation should be a percentage of overall parcel size.”
Henry’s Original, a subsidiary of the sprawling cannabis network created by Jamie Warm, filed comments hinting that the company may have to pull up stakes and depart unless the County “opens the door” to cultivation on resource lands: “As a vertically integrated brand born in Mendocino, we hope to stay. But for businesses like ours to succeed and keep jobs here we need to scale production. Currently, responsible operators are being ‘zoned out’ of the legal industry, and cultivation caps artificially prevent us from operating as any other agriculture industry does … Allow cannabis cultivation up to 10 percent percent of parcel size.”
The economic model the Supes are backing, with the exception of the 3rd District’s John Haschak, is that it’s time to recognize reality by accepting that bigger-is-better for pot cultivation and the prospective new tax revenues that will be generated by the large business model.
As Supervisor Ted Williams explained the new cannabis facts of life:
“One of the mistakes the board has made in the past is focusing on essentially rating the market and that’s not the role of government. The role of government is to make this opportunity available and let the market run with it and see what is successful. Should there be scale? Should there not be scale? It shouldn’t be based on trying to save existing businesses. That’s not our job. My heart is with the small farms. I want to see them succeed. I just think this is a misuse of policy. It’s inherent when we make zoning changes that there will be economic impact. But the potential economic impact should not be the driving force behind our decision-making.”
Newly-seated Supervisor Glenn McGourty, UC Cooperative Extension Winegrowing and Plant Science Advisor for Mendocino County since 1987, echoed Williams’ “hands off” approach to any Ordinance provisions protecting the small legacy farmers. McGourty said, “And some of the counties that are allowing the legal growing of cannabis such as Lake County are allowing up to 10% of their acreage to be planted. It kind of fits into a model where you have a larger volume of production which probably would be mechanized and the price of cannabis would come down because of that. If you look at kind of restricting acreage saying no more than one acre is whether or not Mendocino County is going to go into that business, where are we going to sit?”
The Board’s action on this matter takes us back to Nov. 8, 2016, when Californians passed Proposition 64, legalizing recreational use of marijuana. Prior to the 2016 election, I urged folks to vote no on Prop 64, calling it a “Trojan Horse that was sponsored by billionaire dot-commer, Napster founder and ex-Facebook president Sean Parker, who wrote the initiative for his One-Percenter corporate buddies, who have plans to take over California’s pot industry.”
That prediction appears to be close to coming true here in Mendocino County.
Although the Supes haven’t taken final action on the proposed new cultivation rules taking all the caps off of pot production, the local One-Percenters must believe it’s a done deal.
Already two separate 80-acre parcels on the floor of Long Valley have been sold to Henry’s Original and a SoCal-based cannabis company, respectively. I’ve been informed that negotiations are in process over another large chunk of acreage in Long Valley.
These transactions raise numerous issues involving use of resources, including water, an issue that the Laytonville County Water District that I manage will be monitoring very closely.
Others are also paying attention to the County’s efforts to radically alter current land use and cultivation regulations. Needless to say, the oft-heard commitment from County officials regarding the importance of ensuring small farmers remain a vibrant force in the emerging pot industry are apparently empty words.
The Laytonville Area Municipal Council this week will take under consideration what their position will be in regards to the proposed cannabis regulatory changes.
I received this message from a county resident updating me on a recent Zoom meeting of the BOS Cannabis Ad Hoc Committee: “In case you didn’t see the cannabis ad hoc committee meeting. They at the very end surprised even themselves, by after much conversation of the failed ordinance they decided to completely revamp the cannabis dept. They just lost the cannabis manager, staff does not want to work in the dept. So now they’ve decided to make a stand alone cannabis dept that reports directly to BOS. I know you are tired of the conversation but the information presented today is rather interesting to the community. Looks like only the ‘Henrys’ will remain standing.”
Also looks like the Trojan Horse is being well cared for by its many grooms in the county seat, where chaos continues unabated on the cannabis front.
(Jim Shields is the Mendocino County Observer’s editor and publisher, observer@pacific.net, and is also the long-time district manager of the Laytonville County Water District. Listen to his radio program “This and That” every Saturday at noon on KPFN 105.1 FM, also streamed live: http://www.kpfn.org.)
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