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Mendocino County Today: Sunday, Sep 13, 2015

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YET ANOTHER BIG LAKE COUNTY BLAZE

The Cobb/Valley Fire started Saturday around 1:30pm. Four firefighters were burned in the fast-moving blaze; the town of Cobb was evacuated in face of Valley Fire — an out-of-control wildfire that raced through southern Lake County Saturday afternoon, torching more than 10,000 acres and scores of structures in five hours, injuring four locally based firefighters and forcing thousands in the area to flee under mandatory evacuation orders.

CALFIRE SAID SATURDAY about 7:30pm: “Valley Fire off High Valley Road and Bottle Rock Road in Cobb. CALFIRE, South Lake County Fire Protection District along with multiple Local Fire Departments from Lake County are at scene aggressively fighting the Valley Incident. The fire is at 10,000 acres and is burning in a southeast direction from the Community of Cobb towards the communities of Middletown and Hidden Valley Lake. There have been an unconfirmed number of structures destroyed. During initial attack four members of Copter 104's crew suffered burn injuries and were transported to an area burn center. Additional resources are responding to this incident.” As of 7:30pm only 10 engines and 3 helicopters plus 4 dozers with four fire crews were on scene. More resources have been dispatched. Cooler temps and shorter days may help but the fire is spreading quickly. Mandatory evacuations have been ordered: High Valley Road, Bottle Rock Road, Community of Cobb, Harbin Hot Springs, Big Canyon Road, Community Hidden Valley Lake, Community of Middletown, Butts Canyon Road to the Napa County Line, including Berryessa Estates and Hwy 29 from Tubbs Ln, Calastoga to Hwy 29/Hwy 53 in Lower Lake. Structures are threatened and mandatory and advisory evacuations have been issued. Road closures are in place. Caltrans followed up with a road closure announcement in the same area: Hwy 175 between Red Hill Rd and Anderson Springs Rd is closed due to a fire. Mandatory evacuations are in place. Other Lake county roads in the area are also closed. Shelters in place at Kelseyville elementary and Middletown high school. Public numbers for fire are (707) 967-4207 and (707) 967-4208 Unknown ETA for reopening any roadways.

SATURDAY EVENING UPDATE (10:40pm): 25,000 acres burned; no containment.

Recent coverage:

SUNDAY MORNING UPDATE (6:40am): "The Valley Incident has grown to 40,000 acres, 0% containment. The fire is burning in a south east direction from the Community of Cobb towards the communities of Middletown and Hidden Valley Lake. The fire is also burning north east from the Community of Cobb near the Community of Loch Lomond to Seiglar Canyon Road....There are over 5000 residence without power."

FIRE PERSONNEL (1,000) AND EQUIPMENT RESOURCES are ramping up quickly to try and contain this rapidly expanding conflagration. The fire entered Middletown last night, burning homes and a school.

HERE IN MENDOCINO COUNTY this morning there is an eerie yellow glow coming from an overcast sky mixed with smoke.

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JUST IN FROM BETSY CAWN...

Cobb and Harbin Hot Springs are totalled.  Middletown is wasted. Just heard the fire has moved €œall the way down to Pope Valley and now parts of Angwin are being evacuated.

Mandatory evactuation for Clearlake Rivieras (a few thousand more),
shelter facility has opened up at Kelseyville HS (Kville Presby opened up yesterday evening, all moving to new location).

Incident Command Post now set up at LC Fairgrounds (Napa fairgrounds opened up yesterday afternoon).

A friend in Lower Lake said they lost power temporarily last night, now restored, but they are packing just in case.

No word on Hidden Valley Lake, but they were under mandatory evac last night; a few more thousand people there.

KPFZ 88.1 FM covering on the air.

Keep up with this website, real time fire personnel posting.

PS, Middletown, last night -- right in town, horrific. Live coverage from a few hours ago, sound and commentary from camera operator and comments via text.

PPS, Some worthwhile info at local OES [Lake County Office of Emergency Services] page: facebook.com/LakeCountyOES/

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BUTTE FIRE FORCES EVACUATIONS IN AMADOR, CALAVERAS COUNTIES

by Lizzie Johnson and Vivian Ho

At 3 a.m. Thursday, Molly Molé was awakened by a banging on her front door.

A sheriff’s deputy dressed in blue told her to pack up and get out of her home in Mokelumne Hill, that the fire was coming. Her husband was out of town, so she loaded their camper with a few precious belongings and put her horses and cats into a trailer.

“My whole neighborhood was evacuated and is right here,” she said from an RV park in the Amador County town of Plymouth, pointing to the vehicles next to her camper. “We’ve had people drive by our house to make sure it’s still safe. But it’s been a touchy and scary experience. When I heard that knock on the door, it felt surreal.”

The Butte Fire, a 100-square-mile inferno, has prompted mandatory evacuations and a state of emergency in Amador and Calaveras counties. Overnight, firefighters increased containment to 10 percent, up from 5 percent Friday, authorities said.

‘What are you going to do?

Large swaths of the counties were abandoned in the wake of the fast-burning fire, which has charred about 65,000 acres. Fifteen structures have been destroyed since the fire broke out Wednesday and flames continue to threaten about 6,400 homes and buildings.

Strip malls sat empty, roads were barricaded and the windows of local businesses were incongruously dark. Smoke and soot choked the sky while ash floated down like snowflakes.

Wilma Fortich of Pine Grove said she had never seen anything like it. She hastily evacuated her home Thursday morning, packing her favorite tin of Costa Rican coffee and some extra underwear. But a few things were forgotten. On Saturday, she wore a pair of gray Wal-Mart shorts with the tag still attached.

“I was frantic, and I wasn’t able to grab everything I wanted,” she said. “Every once in a while I break down ... but what are you going to do? You can’t do a damn thing.”

Planning a potluck

Fortich said evacuees in the area were going to throw an alcohol-fueled potluck Saturday to distract themselves from the fire.

“Yeah, it’s tragic,” she said. “But we will be OK. This is the time for everyone to come together.”

Mandatory evacuation orders are in place for the communities of Pine Grove in Amador County, and Mokelumne Hill, Glencoe, West Point and Wilseyville in Calaveras County. The towns of Angels Camp, San Andreas, Dorrington, Murphys and Forest Meadows are under an evacuation advisory.

In all, several thousand residents are subject to the evacuation orders and advisories. Evacuation centers have been opened at the Jackson Rancheria Hotel, San Andreas Town Hall and the Calaveras County fairgrounds.

Officials from the California Department of Forestry and Fire Protection urged residents to be vigilant and ready to leave their homes in a hurry, since mandatory evacuations are expected to expand. They said the “extreme” fire behavior is due to the critically dry conditions across the region.

Dick Shawkey and his wife, Jonnie, were evacuated from their home in Arnold. They are staying with their son, but spent time with other evacuees and their 4-year-old granddaughter Emma at the Calaveras County Fairgrounds.

“When they ask you to leave, you leave,” Dick Shawkey said. “They have a reason. People who don’t do what they’re asked cause huge problems. We aren’t too concerned about anything happening to our house, but it is tragic. It’s bad news for the state.”

At the Almador County Fairgrounds, where the firefighters are based, homemade signs were staked in the ground, thanking them for their service. “We love you,” said one poster, written in bubble letters with a green magic marker. “Thank you so, so, so much,” said another.

Sixty-seven fire crews with almost 3,300 firefighters are on scene, along with 383 fire engines, eight air tankers, 17 helicopters and 62 bulldozers, according to Cal Fire.

State park closed

The cause of the fire is still under investigation.

The fire also prompted the weekend closure of Big Trees State Park after officials issued an evacuation advisory for the park, known for its groves of giant sequoia trees.

Farther south, a wildfire in Fresno County is threatening another grove of sequoias. The massive 200-square-mile Rough Fire, which was ignited by a lightning strike July 31, forced a mandatory evacuation Thursday of Kings Canyon National Park, home of Grant Grove and its namesake, the towering, 268-foot-tall General Grant tree.

The Rough Fire was 29% contained Saturday night.

(Courtesy, the San Francisco Chronicle)

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DURING LAST WEEK’S RELATIVELY PERFUNCTORY rubberstamping of CEO Carmel Angelo’s County budget, County Auditor Lloyd Weir provided what at first appeared to be a routine chart of sales tax revenues over the last few years. That chart was followed by a similar chart of the Transient Occupancy Tax revenues over the same period. Funny: they looked very similar, not only in amount but in shape. So we superimposed one over the other and found that they are nearly identical.

SalesVbedTaxes

That’s not surprising — tourism bed tax revenues would be expected to track closely with overall retail sales activity.

THE POINT? The County and the Lodging Association and the Innkeepers and their paid “promotional” organization, “Visit Mendocino County,” are again shown to be of absolutely zero value. The County gives hundreds of thousands of dollars every year both in bed tax money and Business Improvement District matching funds to Visit Mendocino County on the (bogus) theory that if Visit Mendocino County sits around in their yuppie offices setting up fancy websites, and organizing wine and food pairings, and view-wrecking roadside signage, wining and dining their food and wine writer pals and placing shiny expensive ads in Bay Area tourism magazines, Mendo will somehow get more tourism revenue and everyone will benefit. Never mind that those hundreds of thousands of dollars could be used to pay deputies a competitive wage, or properly staff Social Services, or adequately fund the County’s independent fire departments, or start a decent county farm, or a decent winter homeless shelter, or…

BUT by their own simple charts, all that useless make-work “promotion” has no discernible effect on tourism. Bed tax revenues simply reflect economic activity as they always have and always will.

OH WELL — why should Visit Mendocino County be singled out as a waste of money? There’s no evidence that the millions the County pays Ortner Management Group to “manage” mental health services does any good either. (According to Supervisor Dan Gjerde Ortner charges almost $900k more than Redwood Quality Management for the same kind of admin, not to mention Ortner’s overcharging for “case management.”)

IN FACT NOBODY in Mendo’s many soft service agencies is asked to provide any proof that their “services” produce tangible results in anything like a proportion to expenditures. Nobody’s even required to report regularly on it. As long as you can deliver enough necessary government code citations, buzzwords and clichés to get your numbers included in CEO Angelo’s budget recommendation, you’re good. The Supes will not only approve whatever Ms. Angelo gives them, they’ll fall over each other congratulating themselves for it.

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SUPERVISOR DAN HAMBURG, acting as if the appearance of County Agricultural Commissioner Chuck Morse at Tuesday’s budget hearing was the only time Hamburg has spoken to Mr. Morse this year, went like this:

Hamburg: “I would like to address this first to County Counsel. Mr. Losak, because of our current situation with litigation with respect to the frost fans and nuisance, should we not bring that up in this kind of a session? Or is it okay? Because you know, I know we're not going to get into the — anything that has to do with the lawsuit, but I did want to mention that I noticed that there was no mention of it in the, you know, in this presentation or in the text that we were given and it just seems to me that maybe something should be mentioned about it.”

Losak: “In general terms I don't see a problem with it as far as requesting regulation or anything like that.”

Hamburg: “I get your point. My comment is that I really appreciate the work that you've done, Chuck [Morse, Agriculture Commissioner] and in particular with the Anderson Valley Winegrowers Association and the farmers and the public and you have played a really important role and I was, you know, I was, I thought that perhaps under the goals and objectives one goal and objective might be just to continue to work with the Winegrowers Association in the county and work toward being at peace and also to where feasible to work toward conversions to upgraded frost machines. Just a comment.”

Morse: “Well said. I focus basically on the department’s programs if you will. But yes, as you well understand, that's one of the many things that I as the Commissioner and, you know, work on, and am working on, so…”

Hamburg: “Okay.”

Morse: “It is a goal of mine to proceed after it, so….” (Laughs.)

Hamburg: “It is something you are working on and I appreciate it.”

Morse: “Thank you.”

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HAMBURG KNOWS that the frost fan subject has nothing to do with the County's budget. He knows the he and the County has not done, is not doing, and will not ever do anything to rein in noise nuisances arising from the wine industry. grandstanding on this just like he does occasionally when the Sheriff appears in the Supervisors Chambers: Asking an irrelevant off-topic question to feign a shallow interest in a matter of public concern to make it appear as if he's interested.

THE ONLY "WORK" that Commissioner Morse has done on frost fans that we are aware of is a lengthy discourse he penned on the need for frost protection by grape growers in response to the interrogatories which were part of the lawsuit Mark Scaramella filed last year.

A couple of excerpts:

Special Interrogatory #7: "Describe any information the County provides to vineyard operators with respect to their use and operation of Wind Machines."

Response: "The County's Agricultural Commissioner does not provide any information to vineyard operators with respect to their use and operation of wind machines."

Special Interrogatory #10: "Describe any circumstances in which the County has applied its Exterior Noise Limit Standard in a manner to enforce those standards with respect to any agricultural activity as defined in the county's right to farm law."

Response: "Mendocino County Agriculture Commissioner Chuck Morse is not involved in enforcing the Exterior Noise Limit Standard. However, it is my belief that upon receipt of a nuisance complaint or complaints, the Planning and Building Services Department, Code Enforcement researched the nature of the complaints and realize that wind machines used for frost protection are a conventional cultural [sic] practice in production agriculture and as such are exempted by County Code Section 10A.13.010 to .060 inclusive from nuisance noise complaints. I believe this exception had the effect of dismissing the nuisance complaints and I believe this information was forwarded to the complainants."

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None of the "complainants" received anything of the sort except for one grudging non-response that complainant Scaramella received after he filed his lawsuit.

Telling the "public" and the winegrowers that they can do anything they want under the umbrella of "right to farm" is not work, nor are all the chummy little knowing winks and nods  among officials at budget time.

PS. Two local grape growing neighbors of Scaramella, Sarah Bennett and her parents, Ted Bennett and Debra Kahn, owners of Pennyroyal Farms; and Bill Charles at Foursight Vineyards, have recently "converted" their fans from the impossibly noisy two-bladed version to less noisy three-bladed machines. Those conversions were part of a settlement agreement between complainant Mark Scaramella and his neighbors;  a third (non-local) owner of a neighboring vineyard (Sattui) is still holding out. If credit is due to anyone for these "upgrades" (which will also clearly benefit the local vineyard owners as much as anyone else by being quieter for them) it is the vineyard owners who voluntarily did it after the legal nudge by Scaramella.

AG DIRECTOR Morris and Supervisor Hamburg had nothing to do with any of it. To our knowledge, none of the other Anderson Valley owners of the giant noisemakers have any plans to quiet them, not that anybody at the County level has suggested to them they might become good neighbors.

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ACCORDING TO A BRIEF ON-LINE REPORT Saturday night, the Anderson Valley Panthers dominated a decent Point Arena Pirates team in Point Arena Saturday afternoon by another lopsided score of 66-8 in their first league game of the season. With lots of returning varsity players from last year’s undefeated season, the Panthers are favored to win another championship this year even without the play of one of their returning star running backs, Jared Johnston, who suffered a knee injury in an earlier scrimmage and may be out for the season.

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ADVENTIST TENTACLES ENFOLD WILLITS

http://www.pressdemocrat.com/news/4464913-181/new-hospital-nearly-ready-to

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PROP 13 LOOPHOLES WRECKING CALIFORNIA

Editor:

I'm struck by how Californians are again facing the prospect of another tax to maintain the state's crumbling infrastructure. The tax would help, but the $3.6 billion it generates still falls short of what is required to fix our roads. It's just not enough. From our potholed roads to our overcrowded classrooms, Californians are constantly having to approve bond measures and parcel taxes just to keep funding at bare minimum.

A $3 billion bond measure to overhaul an aging BART system is also under consideration. While California residents are generally willing to pay what it takes to repair roads and fund schools, large corporations are exploiting Proposition 13 protections to deny the state billions in funding for public services.

Chevron saves $100 million annually from Prop. 13. Disney pays eight times less property taxes per square foot than the average homeowner who continues to pick up the tab. There's no denying we need revenue to fix our infrastructure. The answer is stable, sustainable revenue. For our roads, for our schools, for our public services. It's time to close the corporate loopholes in Prop 13 and fix this state.

Daniel Hagen, San Francisco

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At Golden Gate Park
At Golden Gate Park in SF (photo by Susie de Castro)

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GOOD NEWS FROM ENGLAND!

Britain’s opposition Labour Party elected left-winger Jeremy Corbyn as its new leader Saturday, despite the objections of former Labour prime ministers Tony Blair and Gordon Brown, who warned that Corbyn would push the party “over the cliff’s edge to the jagged rocks below” with his anti-austerity and big government plans. Corbyn, 66, won with 59.5 percent of the votes and thanked party members in his victory speech, acknowledging “some were reluctant to do so, but they did so in a spirit of inclusion and spirit of democracy.” (Reuters)

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ON LINE COMMENT OF THE DAY

No disrespect intended because you hear things all the time and you tend to repeat them. I do it myself. And so, for example, you get the common and oft repeated, broad-brush, mis-characterization of the US as a country of immigrants. Ain’t so.

Immigrants in the US are a minority. They don’t define the US. At any rate, not by themselves. They aren’t THAT influential.

Being a descendant of immigrants doesn’t make you one. All those hundreds of millions, born and raised in the USA, wouldn’t call themselves immigrants either.

A huge number of Americans have got centuries deep roots in the US. Not only that but America, as a place and society, has enough pull on people’s imagination of themselves as AMERICAN. “American” is an easy enough national identity to visualize.

Which raises the issue of national culture. The founding country, from which America took shape, is, you guessed it, the UK. While the culture of the United States isn’t a carbon copy, it’s parentage is apparent enough, with for example, language, religion, customs and governing institutions, including the Presidency, based on those in Jolly Olde.

The point being I don’t see at all the irony of talking about a “national culture” of the US. While American culture isn’t unique, given its long list of ancestral influences, primarily but not completely British and European, I can’t think of any culture that is.

As an example, just think of the Bolshoi Ballet company. Russians are very proud of it and rightly so as they are a highly skilled bunch. And very Russki wouldn’t you say?

But hang on, ballet as an art form didn’t originate in Russia but rather in Italy. You can look it up. A huge swathe of the English lingo has its origin in Latin. A huge swathe of western Europe has linguistic origins in Latin too.

Doesn’t matter, each people takes influences and either discards them or adopts and adapts them to make them work locally. Or nationally. Americans included.

It isn’t “racist” to want to preserve a national culture. For one thing, race and culture are two different things. For another, being on the same page on how to conduct ourselves and deal with one another isn’t a bad thing. Makes life go a lot smoother.

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ROOTS: Steam Festival Sunday

http://www.willitsnews.com/general-news/20150909/roots-steam-festival-saturday-sunday

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CATCH OF THE DAY, September 12, 2015

Alvarez, Berg, Figueroa
Alvarez, Berg, Figueroa

KELISHA ALVAREZ, Ukiah*. Probation revocation. (Frequent flyer.)

ROBERT BERG, Ukiah. Under influence of controlled substance.

EDDIE FIGUEROA, Easton, Pennsylvania/Ukiah. Pot sales, transport, furnish, possession for sale, conspiracy.

Foster, Hill, Jaeger
Foster, Hill, Jaeger

TRENT FOSTER, Ukiah. Drunk in public.

MISTY HILL, Sacramento/Ukiah. Suspended license, under influence of controlled substance, possession of controlled substance and paraphernalia.

KIM JAEGER, Fort Bragg. Domestic assault.

Kidd Lamb, Magdaleno
Kidd Lamb, Magdaleno

JARED KIDD, Ukiah. Drunk in public.

BEATRICE LAMB, Fort Bragg. Drunk in public.

GERARDO MAGDALENO, Boonville. Unspecified offense.

McMurphy, Ramirez, Russaw
McMurphy, Ramirez, Russaw

JEROME MCMURPHY, Ukiah. Parole violation.

SERGIO RAMIREZ, Garberville/Ukiah. DUI-drugs, under influence of controlled substance.

JONATHAN RUSSAW, San Bernadino/Ukiah. Pot sales, transport, furnish, possession for sale, conspiracy.

Taylor, Vantreese, Wood, Young
Taylor, Vantreese, Wood, Young

ROBERT TAYLOR, Ukiah. Criminal threats of death or great bodily injury.

WILLIAM VANTREESE, Fort Bragg. Loitering on private property for no reason. (Frequent flyer.)

JOSHUA WOOD, Laytonville. DUI.

JONATHAN YOUNG, Willits. Court order violation, probation revocation.

*MS. ALVAREZ is large, nimble and violent. She and her boy friend, Scotty, have been arrested again and again. Mendocino County's privatized mental health system says she and Scotty aren't their responsibility. The privateers claim that Kelisha and Scotty are mentally challenged, that they are rightly the responsibility of the Regional Center, a lavishly funded non-profit that serves the mentally disabled. I'm sure the Regional Center says that Kelisha and Scotty are the responsibility of Mental Health. Meanwhile, the two, who live around Ukiah under bridges and in the bushes, are the ongoing responsibility of the Ukiah Police Department. The Ukiah Police arrest them on an average of twice a month. The Superior Court, as with all the County's frequent fliers, places Kelisha and Scotty on a toothless, catch and release probation, and on it goes round and round.

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DevilGirl

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“MEDICAL MARIJUANA REGULATION & SAFETY ACT”

Hon. Steven K. Lubell (Ret.)

Initial Summary, September 11, 2015

The California Legislature, with input from the Office of the Governor, has reached an historic agreement on a comprehensive regulatory framework for the cultivation and distribution of medical cannabis and medical cannabis products in the State of California.

The result is a statewide medical marijuana regulation based upon the combined passage of three bills: Senate Bill 643 (Author: McGuire), Assembly Bill 266 (Author: Bonta), and Assembly Bill 243 (Author: Wood).

This summary is intended as an initial overview of the regulatory framework of the three bills, and is subject to change upon further review and analysis of this historic legislation.

When discussed herein Senate Bill 643 (Author: McGuire), Assembly Bill 266 (Author: Bonta), and Assembly Bill 243 (Author: Wood), are referred to collectively as the “Medical Marijuana Regulation and Safety Act”.

Under the “Medical Marijuana Regulation and Safety Act” (“MMRSA”) the Bureau of Marijuana Regulation will be established within the California State Department of Consumer Affairs. The state agencies with the licensing authority and responsible for granting and renewing state licenses, and regulating the relevant licensees are:

Department of Food and Agriculture: Cultivators

Bureau of Marijuana Regulation: Distributors, Dispensaries and Transporters

Department of Public Health: Manufacturers & Certified Testing Laboratories

The MMRSA breaks up the current vertical integration model of a closed loop of patient members from seed to distribution and replaces it with a multi-tiered model consisting of:

Cultivation→ Distribution → Transportation → Testing → Manufacturing → Dispensing

License classifications in the multi-tiered model are as follows:

(a) Type 1 = Cultivation; Specialty outdoor; Small.

(b) Type 1A = Cultivation; Specialty indoor; Small.

(c) Type 1B = Cultivation; Specialty mixed-light; Small.

(d) Type 2 = Cultivation; Outdoor; Small.

(e) Type 2A = Cultivation; Indoor; Small.

(f) Type 2B = Cultivation; Mixed-light; Small. Medical Marijuana Regulation and Safety Act

(g) Type 3 = Cultivation; Outdoor; Medium.

(h) Type 3A = Cultivation; Indoor; Medium.

(i) Type 3B = Cultivation; Mixed-light; Medium.

(j) Type 4 = Cultivation; Nursery.

(k) Type 6 = Manufacturer 1.

(l) Type 7 = Manufacturer 2.

(m) Type 8 = Testing.

(n) Type 10 = Dispensary; General.

(o) Type 10A = Dispensary; No more than three retail sites.

(p) Type 11 = Distribution.

(q) Type 12 = Transporter.

A Chart breaking down the License Categories, Types, and Restrictions is attached. State Licensing authorities may issue state licenses only to qualified applicants engaging in commercial cannabis activity. Upon the date of implementation of regulations by the state licensing authority, no person shall engage in commercial cannabis activity without

possessing both (1) a state license and (2) a local permit, license, or other authorization. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a license or permit from the local

jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance

Operating until State Licensed: A facility or entity that is operating in compliance with local zoning ordinances and other state and local requirements on or before January 1, 2018, may continue its operations until its application for licensure is approved or denied pursuant to this part. The Bureau of Marijuana Regulation shall prioritize when issuing licensees, any facility or entity that can demonstrate to the bureau’s satisfaction that it was in operation and in good standing with the local jurisdiction by January 1, 2016.

An “Applicant” for the annual state license under the Medical Marijuana Regulation and Safety Act must have an official document granted by a local jurisdiction that specifically authorizes a person to conduct the type of commercial cannabis activity applied for. A local jurisdiction may adopt ordinances that establish additional standards, requirements, and regulations for local licenses and permits for commercial cannabis activity, but not less than the state standard. A local jurisdiction maintains the right to prohibit commercial cannabis activity within their jurisdiction. Medical Marijuana Regulation and Safety Act Initial Summary - Hon. Steven K. Lubell (Ret.) Page 3

City of Los Angeles: The MMRSA provides that the issuance of a state license or a determination of compliance with local law by the licensing authority shall in no way limit the ability of the City of Los Angeles to prosecute any person or entity for a violation of, or otherwise enforce, Proposition D, approved by the voters of the City of Los Angeles on the May 21, 2013, ballot for the city, or the city’s zoning laws. Nor may issuance of a license or determination of compliance with local law by the licensing authority be deemed to establish, or be relied upon, in determining satisfaction with the immunity requirements of Proposition D or local zoning law, in court or in any other context or forum.

Since Proposition D is a limited immunity ordinance there is no ability to apply for a state license since Proposition D does not provide for any form of authorization. An amendment to Proposition D would be required. Although a voter initiative, Proposition D states in LAMC Section 45.19.6 that its purpose and intent was to enact an ordinance that (a) prohibits medical marijuana businesses, but (b) grants a limited immunity from the enforcement of its prohibition to those medical marijuana businesses that do not violate the restrictions set forth in this ordinance, until such time as the California Supreme Court rules regarding what cities can and cannot regulate and the City enacts new medical marijuana legislation consistent with that judicial guidance. The California Supreme Court provided such judicial guidance in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729 holding that a city or county maintains the right to regulate or prohibit commercial cannabis activity within their jurisdiction. The City of Los Angeles may enact new medical marijuana legislation consistent with City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. and state regulations. On-site cultivation would be prohibited under any new city legislation which must be consistent with statewide regulations which prohibit onsite cultivation by a Type 10 dispensary.

Grandfathering Vertical Integration: The MMRSA provides for a grandfather provision to allow vertical integration as to operations in effect as of July 1, 2015. In a jurisdiction that adopted a local ordinance, prior to July 1, 2015, allowing or requiring qualified businesses to cultivate, manufacture, and dispense medical cannabis or medical cannabis products, with all commercial cannabis activity being conducted by a single qualified business, upon licensure that business shall not be subject to subdivision (a) if it meets all of the following conditions:

(A) The business was cultivating, manufacturing, and dispensing medical cannabis or medical cannabis products on July 1, 2015, and has continuously done so since that date.

(B) The business has been in full compliance with all applicable local ordinances. Medical Marijuana Regulation and Safety Act Initial Summary - Hon. Steven K. Lubell (Ret.) Page 4

(C) The business is registered with the State Board of Equalization.

A business licensed pursuant to the grandfathering provision is not required to conduct all cultivation or manufacturing within the bounds of a local jurisdiction, but all cultivation and manufacturing shall have commenced prior to July 1, 2015, and have been in full compliance with applicable local ordinances. A business licensed by a local vertical integration ordinance shall not be issued a state license or local licenses or permits for commercial cannabis activity after July 1, 2015, unless it complies with the three conditional requirements.

The MMRSA amends Senate Bill 420 – Medical Marijuana Program Act (“MMPA”). Senate Bill 420 established Health and Safety Code Section 11362.775 which provides:

"Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357 [possession of marijuana or "concentrated cannabis"], 11358 [cultivation of marijuana], 11359 [possession of marijuana for sale], 11360 [transporting, importing, selling, furnishing, or giving away marijuana], 11366 [maintaining a place for the sale, giving away, or use of marijuana], 11366.5 [making real property available for the manufacture, storage, or distribution of controlled substances], or 11570 [abatement of nuisance created by premises used for manufacture, storage, or distribution of controlled substance]."

The MMRSA does not modify Proposition 215 the “Compassionate Use Act of 1996” which was a voter initiative.

The MMRSA does not modify Health and Safety Code § 11362.765 which provides immunity from criminal liability as follows:

(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. However, nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute marijuana for profit. Medical Marijuana Regulation and Safety Act Initial Summary - Hon. Steven K. Lubell (Ret.) Page 5

(b) Subdivision A shall apply to all of the following:

(1) A qualified patient or a person with an identification card who transports or processes marijuana for his or her own personal medical use.

(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.

(3) Any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person.

(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 11360

Not for Profit Issue: There has been much discussion if the MMRSA deletes the non-profit model in California. The Medical Marijuana Regulation and Safety Act only modified Health and Safety Code Section 11362.775. The MMRSA did not modify or otherwise amend Health and Safety Code Section 11262.765. Nothing in Senate Bill 420 “Medical Marijuana Program” authorizes collectives, cooperatives, or individuals to profit from the sale or distribution of marijuana. (See, e.g., § 11362.765(a) [“nothing in this section shall authorize . . . any individual or group to cultivate or distribute marijuana for profit”].

The legal analysis is that if the MMRSA left Health & Safety Code Section 11362.765 intact, then only costs of cultivation, manufacture, distribution, testing and dispensing can be reimbursed. The not for profit model requirement set forth in Health & Safety Code Section 11362.765 would remain intact.

If the legislative language of Senate Bill 420 (“Medical Marijuana Program”) codified in Health and Safety Code Section 11362.765 which provides that the cultivation and distribution of marijuana by any individual or group be done in a not for profit manner remains intact and undisturbed, then does it not follow then that the amendment to Health

and Safety Code Section 11362.775 contained in the MMRSA does nothing to change the not for profit requirement set forth in Health and Safety Code Section 11362.765.

Applicant: Under the MMRSA an “Applicant” for a state license is a “Person” which is defined as an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. There is no residency requirement for an Applicant.

License Categories: An Applicant under the MMRSA may apply for a state license to engage in commercial cannabis activity in 5 different license categories: Cultivation, Manufacture, Distribution, Testing, and Dispensing of Medical Cannabis or Medical Cannabis Products. Commercial cannabis activity is defined in the MMRSA as the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. A chart breaking down the different licenses and restrictions is attached.

Number of Licenses: Only two licenses may be held in any one category. A dispensary license may not hold a license in any other category. There is an exception for the holder of a “special dispensary status,” license for dispensers who have three licensed dispensary facilities.

Basis for denial of an Application: The state licensing authority shall deny an application if either the applicant or the premises for which a state license is applied do not qualify for licensure. The state licensing authority may deny the application for licensure or renewal of a state license if the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant or licensee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or licensee to be issued a license based on the evidence found through the review.

In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:

(A) A felony conviction for the illegal possession for sale, sale,

manufacture, transportation, or cultivation of a controlled

substance.

(B) A violent felony conviction, as specified in subdivision (c)

of Section 667.5 of the Penal Code.

(C) A serious felony conviction, as specified in subdivision (c)

of Section 1192.7 of the Penal Code.

(D) A felony conviction involving fraud, deceit, or embezzlement.

An applicant, or any of its officers, directors, or owners, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code are ineligible for a state license.

An applicant or any of its officers, directors, or owners who have been subject to fines or penalties for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code are ineligible for a state license.

An applicant, or any of its officers, directors, or owners, previously sanctioned by a licensing authority or a local jurisdiction for unlicensed commercial medical cannabis activities or had a license revoked in the three years immediately preceding the date the application is filed are ineligible for a state license.

Individual Patient and Primary Caregiver exemptions: A Qualified patient who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any other person or entity is not considered engaged in commercial cannabis activity and is exempt from state licensing requirements under the MMRSA. A Primary Caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code, but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code is not engaged in commercial cannabis activity and is, therefore, exempt from state licensing requirements under the MMRSA. Medical Marijuana Regulation and Safety Act Initial Summary - Hon. Steven K. Lubell (Ret.) Page 8

Cultivation: A state licensed Cultivator may engage in “Cultivation” which is any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation will be recognized as an agricultural activity. The amount of cannabis that can be grown is determined by an agricultural term known as “plant canopy”. If you picture looking down from the top of a plant and determine the amount of space the top of the plant consumes, that space is called plant canopy.

Plant Canopy: Plant Canopy limits for the different cultivation license categories are as follows:

(1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on non-contiguous plots.

(2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of less than 5,000 square feet of total canopy size on one premises.

(3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of less than 5,000 square feet of total canopy size on one premises.

(4) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises.

(5) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises.

(6) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet of total canopy size on one premises.

(7) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting between 10,001 and 44,000 square feet of total canopy on one premises.

(8) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet of total canopy size on one premises. Medical Marijuana Regulation and Safety Act Initial Summary - Hon. Steven K. Lubell (Ret.) Page 9

Section 11362.769 is added to the Health and Safety Code, which provides that indoor and outdoor medical marijuana cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of medical marijuana cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts.

Section 11362.777 is added to the Health and Safety Code, which will establish within the Department of Food and Agriculture a Medical Cannabis Cultivation Program in which medical cannabis is treated an agricultural product. A person or entity shall not cultivate medical marijuana without first obtaining both a license, permit, or other entitlement, specifically permitting cultivation pursuant to the MMRSA provisions, from the city, county, or city and county in which the cultivation will occur and a state license.

The state regulations establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. Unique identifiers will only be issued to those persons appropriately licensed. Information associated with the assigned unique identifier and licensee shall be included in a statewide trace and track program. A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation from the local jurisdiction in which the cultivation will occur.

A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the local jurisdiction in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. A local jurisdiction, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana. A local jurisdiction may inspect the intended cultivation site for suitability prior to issuing a permit. A local jurisdiction’s locally issued conditional permit requirements must be at least as stringent as the state licensing requirements.

If a local jurisdiction does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to

this section, then commencing March 1, 2016, the state shall be the sole licensing authority for medical marijuana cultivation applicants in that local jurisdiction.

Transportation: Once the medical marijuana crop is ready for transport, a state licensed “Transporter” will transfer the medical cannabis from the licensed Cultivator to the fixed location of a state licensed “Distributor” for distribution to either a licensed dispensary or manufacturer. Protocols are established for the statewide transportation of medical cannabis.

Prior to transporting medical cannabis or medical cannabis products, a licensed transporter of medical cannabis or medical cannabis products shall do both of the following:

(1) Complete an electronic shipping manifest as prescribed by

the licensing authority. The shipping manifest must include the

unique identifier, pursuant to Section 11362.777 of the Health and

Safety Code, issued by the Department of Food and Agriculture

for the original cannabis product.

(2) Securely transmit the manifest to the bureau and the licensee

that will receive the medical cannabis product. The bureau shall

inform the Department of Food and Agriculture of information

pertaining to commercial cannabis activity for the purpose of the

track and trace program identified in Section 19335.

Upon receipt of the transported shipment, the licensee receiving the shipment shall submit to the licensing agency a record verifying receipt of the shipment and the details of the shipment. A local jurisdiction shall not prevent transportation of medical cannabis or medical cannabis products on public roads by a licensee transporting medical cannabis or medical cannabis products in compliance with state regulations.

Distribution: All licensees holding cultivation or manufacturing licenses shall send all medical cannabis and medical cannabis products cultivated or manufactured to a licensed Distributor for (1) quality assurance and inspection for (2) batch testing by a licensed Testing laboratory prior to distribution to a state licensed dispensary.

Upon receipt of medical cannabis or medical cannabis products by a cultivation or manufacturing licensee the Distributor shall first inspect the product to ensure the identity and quantity of the product and then ensure a random sample of the medical cannabis or medical cannabis product is tested by a licensed Testing laboratory prior to distributing the batch of medical cannabis or medical cannabis products.

Upon issuance of a certificate of analysis by the licensed Testing laboratory that the medical cannabis product is fit for manufacturing or retail, all medical cannabis and medical cannabis products shall undergo a quality assurance review by the Distributor prior to distribution to ensure the quantity and content of the medical cannabis or medical cannabis product, and for tracking and taxation purposes by the state.

Licensed cultivators and manufacturers shall package or seal all medical cannabis and medical cannabis products in tamper-evident packaging and use a unique identifier, such as a batch and lot number or bar code, to identify and track the medical cannabis or medical cannabis products. All packaging and sealing shall be completed prior to medical cannabis or medical cannabis products being transported or delivered to a licensee, qualified patient, or caregiver.

Licensed cultivators, manufacturers, and dispensaries may directly enter into contracts with one another indicating the price and quantity of medical cannabis or medical cannabis products to be distributed. A licensed Distributor responsible for executing the contract is authorized to collect a fee for the services rendered, including, but not limited to, costs incurred by a licensed Testing Laboratory, as well as applicable state or local taxes and fees.

Testing: Medical cannabis and medical cannabis products will be required to be tested by a licensed testing laboratory, prior to retail sale or dispensing, as follows:

(1) Medical cannabis from dried flower shall, at a minimum, be tested for potency, pesticides, mold, and other contaminants.

(2) Medical cannabis extracts shall, at a minimum, be tested for potency and purity of the product.

Nothing prohibits a licensee from performing on-site testing for the purposes of quality assurance of the product in conjunction with reasonable business operations. However, on-site testing by the licensee will not be certified by the Department of Public Health.

Upon issuance of a certificate of analysis by the licensed Testing laboratory that the medical cannabis product is fit for manufacturing or retail, all medical cannabis and medical cannabis products shall undergo a quality assurance review by the Distributor prior to distribution to ensure the quantity and content of the medical cannabis or medical cannabis product, and for tracking and taxation purposes by the state.

Upon issuance of a certificate of analysis by the licensed Testing laboratory and quality assurance review by the Distributor the medical cannabis may be transported by the licensed Transporter to either: (1) the physical retail location of a state licensed Dispensary that makes retail sales of medical cannabis or medical cannabis products, or (2) the manufacturer of cannabis products.

Manufacturer: A state licensed “Manufacturer” may put the raw cannabis through a process where the raw agricultural product is transformed into a concentrate, an edible product, or a topical product at a manufacturing site. A state licensed “Manufacturer” is the “Person” that conducts the production, preparation, propagation, or compounding of medical cannabis or medical cannabis products, at a specified location, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes a location that packages or repackages medical cannabis or medical cannabis products or labels or relabels its container, and that has been issued both a local license or permit and a state license pursuant to the MMRSA. An Edible cannabis product is manufactured cannabis that is intended to be used, in whole or in part, for human consumption. Under the MMRSA an Edible medical cannabis product is not considered a food product. Only generic names can be used to describe edible food products.

Concentrated Cannabis Issue: The MMRSA provides for a Type 6, or “manufacturing level 1,” for manufacturing sites that produce medical cannabis products using nonvolatile solvents and a Type 7, or “manufacturing level 2,” for manufacturing sites that produce medical cannabis products using volatile solvents. The MMRSA did not amend Health & Safety Code §11379.6(a) which makes the manufacturing of a controlled substance using chemical extraction or independent chemical synthesis a felony. There is a conflict between a Type 6 and Type 7 manufacturing licenses issued under the MMRSA and Health & Safety Code § 11379.6(a) which states:

(a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).

Dispensary: A holder of a “Dispensary” license may operate a physical retail establishment that makes retail sales of medical cannabis or medical cannabis products from a fixed location.

Deliveries may originate from the fixed location of the Dispensary license to Qualified Patients and their Primary Caregivers, if so expressly authorized by a local ordinance.

A Type 10, or “dispensary” license for the retail of medical cannabis or medical cannabis products is prohibited from engaging in the cultivation of medical cannabis or the manufacture of medical cannabis products.

A Type 10A “special dispensary status” licensee, which is the operator of 3 dispensaries, may apply for a Type 6 (Manufacturing Level 1) or Type 7 (Manufacturing Level 2) state license and hold a 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination thereof if, under the 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination of licenses thereof, no more than four acres of total canopy size of cultivation by the licensee is occurring throughout the state during the period that the respective licenses are valid. All cultivation pursuant to this section shall comply with local ordinances. This provision becomes inoperative on January 1, 2026.

Taxation: A county may impose a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products by a licensee operating pursuant state regulations. The board of supervisors shall specify in the ordinance proposing the tax the activities subject to the tax, the applicable rate or rates, the method of apportionment, if necessary, and the manner of collection of the tax. The tax may be imposed for general

governmental purposes or for purposes specified in the ordinance by the board of supervisors. A county may impose a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products by a licensee operating pursuant to state regulations. Any tax imposed shall be subject to applicable voter approval requirements imposed by law.

Labor Agreement: Licensees with 20 or more employees, must provide a statement that the applicant will enter into, or demonstrate that his has already entered into, and abide by the terms of a labor peace agreement. A Labor peace agreement” means an agreement between a licensee and a bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicant’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.

“Medical Marijuana Regulation and Safety Act”

State License Types

License Type: Cultivation

Issuing Authority: Department of Food and Agriculture

(1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on non-contiguous plots.

(2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of less than 5,000 square feet of total canopy size on one premises.

(3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of less than 5,000 square feet of total canopy size on one premises.

(4) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises.

(5) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet of total canopy size on one premises.

(6) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet of total canopy size on one premises.

(7) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting between

10,001 and 44,000 square feet of total canopy on one premises. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type. (1 acre = 43,560 square feet)

(8) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet of total canopy size on one premises. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type.

(9) Type 3B, or “mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet of total canopy size on one premises. The Division of Medical Cannabis Cultivation shall limit the number of licenses allowed of this type

(10) Type 4, or “nursery,” for cultivation of medical cannabis solely as a nursery. Type 4 licensees may transport live plants.

_____________________

License Type: Manufacturers and Licensed Laboratories

Issuing Authority: Department of Public Health

(1) Type 6, or “manufacturing level 1,” for manufacturing sites that produce medical cannabis products using nonvolatile solvents.

(2) Type 7, or “manufacturing level 2,” for manufacturing sites that produce

medical cannabis products using volatile solvents. The Division shall limit the number of licenses of this type.

(3) Type 8, or “testing,” for testing of medical cannabis and medical cannabis products. Type 8 (testing) licensees shall have their facilities licensed according to regulations set forth by the division. A Type 8 (testing) licensee shall not hold a license in another license category of this chapter and shall not own or have ownership interest in a laboratory licensed pursuant to this chapter.

_____________________

License Type: Distributors, Dispensaries, and Transporters

Issuing Authority: Bureau of Marijuana Regulation

(1) Type 10, or “dispensary,” for the retail of medical cannabis or medical cannabis products. This license shall allow for delivery where expressly authorized by local ordinance.

(2) Type 10A, or “special dispensary status,” for dispensers who have no more than three licensed dispensary facilities. This license shall allow for delivery where expressly authorized by local ordinance.

(3) Type 11, or “distributor,” for the certification of the content of all medical cannabis or medical cannabis products and distribution between licensees.

A Type 11 licensee shall hold a Type 12 license, or transporter license, and register each laboratory location where product is stored for the purposes of

distribution. A Type 11 licensee shall not hold a license in any cultivation, manufacturing, dispensing, or testing license category and shall not own, or have an ownership interest in, a laboratory licensed to these categories pursuant to this chapter other than a security interest, lien, or encumbrance on property that is used by a licensee. A Type 11 license shall be bonded and insured at a level no less the minimum established by the licensing authorities.

(4) Type 12, or “transport,” for transporters of medical cannabis or medical cannabis products. A Type 12 license shall be bonded and insured at a level no less the minimum established by the licensing authorities.

_____________________

Medical Marijuana Regulation and Safety Act - License Restrictions

A Licensee may hold a state license in up to two separate license categories, as follows:

(1) Type 1 (specialty outdoor), 1A (specialty indoor), 1B (specialty mixed-light), Type 2 (small outdoor), Type 2A (small indoor), and Type 2B (small mixed-light) licensees, or a combination thereof, may apply for a Type 6 (manufacturing level 1) or Type 7 (manufacturing level 2) state license, or a combination thereof.

(2) Type 6 (manufacturing level 1) and Type 7 (manufacturing level 2), or a combination thereof, may apply for a Type 1 (specialty outdoor), 1A (specialty indoor), 1B (specialty mixed-light), Type 2 (small outdoor), Type 2A (small indoor), and Type 2B (small mixed-light) or a combination thereof.

(3) Type 6 (manufacturing level 1) and Type 7 (manufacturing level 2), or a combination thereof, may apply for a Type 10A (special dispensary status) state license.

(4) Type 10A (special dispensary status) may apply for a Type 6 (manufacturing level 1) and Type 7 (manufacturing level 2), state license, or a combination thereof.

(5) Type 1 (specialty outdoor), 1A (specialty indoor), 1B (specialty mixed-light), Type 2 (small outdoor), Type 2A (small indoor), and Type 2B (small mixed-light) licensees, or a combination thereof, may apply for a Type 10A (special dispensary status) state license.

(6) Type 10A (special dispensary status) state licensees may apply for Type 1 (specialty outdoor), 1A (specialty indoor), 1B (specialty mixed-light), Type 2

(small outdoor), Type 2A (small indoor), and Type 2B (small mixed-light) state license, or a combination thereof.

(7) Type 11 (distributor) licensees may apply for a Type 12 (transport) license.

(8) Type 12 (transport) licensees may apply for a Type 11 (distributor) license.

A person or entity that holds a state license is prohibited from holding an ownership interest in real property, personal property, or other assets associated or used in any other license category, except as set forth above.

A Type 10 “dispensary” license for the retail of medical cannabis or medical cannabis products is prohibited from engaging in cultivation of medical cannabis or the manufacture of medical cannabis products.

A Type 10A “special dispensary status” licensee, which is the operator of 3 dispensaries, may apply for a Type 6 (Manufacturing Level 1) or Type 7 (Manufacturing Level 2) state license and hold a 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination thereof if, under the 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination of licenses thereof, no more than four acres of total canopy size of cultivation by the licensee is occurring throughout the state during the period that the respective licenses are valid. All cultivation pursuant to this section shall comply with local ordinances. This provision becomes inoperative on January 1, 2026.

This Summary is provided for educational purposes only. No legal advice is intended to be given, or attorney/client relationship established, by the providing of this summary. Consult with an Attorney of your choice with respect to questions regarding any matter contained herein.

Honorable Steven K. Lubell, Retired Court Commissioner, Los Angeles County

stevenlubell@yahoo.com

14 Comments

  1. james marmon September 13, 2015

    RE: valley fire

    My daughter’s house burned down last night in Middletown. What a mess things are over here.

    • Louis S. Bedrock September 13, 2015

      I hope no one was injured.
      If your start a fund to help your daughter’s family, I will be glad to contribute.

    • james marmon September 13, 2015

      Video of Middletown fire. My daughter’s house is the first row of houses on the start of the video.

      http://abc7.com/982084/

  2. Harvey Reading September 13, 2015

    Re: ON LINE COMMENT OF THE DAY

    Anti-immigrant sentiment is just another form of racism here in the land o’exceptionals, one that is supported by the wealthy and fed by the lying media they own, including so-called public media. And we exceptionals are so dumb that far too many of us swallow it whole and beg for more … as we always have.

  3. Randy Burke September 13, 2015

    Do ya think that future pot farms are going to require frost fans? something to think about.

  4. Mike September 13, 2015

    Hopefully, Mendocino County can step up to help address the basic needs (shelter to begin with) of the thousands now displaced.

    • Eric Sunswheat September 13, 2015

      There are many vacant housing opportunities in the City of Clearlake, but the crime rate with the gang warfare is staggering, and economic outlook grim with exceptionally high water utility rates and limited access to high priced organic foods.

      A drive on some of the backwater city streets, will show people living in crumbling tiny trailers with fraying plastic tarps, perhaps even squatting on abandoned city lots, and children surviving in the trampled dirt.

      • Mike September 13, 2015

        and those backwater streets are unpaved, dirt and full of ruts, lol.

        now, that would be like having refugees confined at Andersonville, the Rebel POW camp for the Yankees during the civil war!

        BOS: wipe your damn agenda clear and deal only with this. No f..ing resolutions, some land and shelter and camps need to be set up now. Lake Mendocino has opened up Bushay Campgrounds for refugees. Isis Oasis in Geyserville has opened up its place for the Harbin Hot Spring community members.

        BUT, this day started with 5000 new refugees and I just heard it was up to 17,000 but I haven’t confirmed that or saw an source.

  5. Mike September 13, 2015

    Shelters and resources currently available to evacuees. If you need a no cost location added to this list please message us.
    VALLEY FIRE SHELTER INFORMATION
    All Evacuation Centers will accept small pets. Services available: food, water, supplies, etc.
    COUNTY OF LAKE OPERATED
    Clearlake Senior Center 3245 Bowers Avenue, Clearlake, CA
    Big Valley Rancheria Gymnasium 1002 Osprey Court (off Soda Bay Road), Lakeport, CA
    There is space for parking of self-contained RV’s outside the shelter.
    RED CROSS OPERATED
    Kelseyville High School 5480 Main Street, Kelseyville, CA
    Napa County Fairgrounds 1435 N Oak St, Calistoga, CA
    MENDOCINO OES- HEALTH AND HUMAN SERVICES OPERATED
    Redwood Empire Fairgrounds, Fine Arts Building
    1055 North State Street, Ukiah, CA
    INDEPENDENTLY OPERATED
    Church of Christ in Kelseyville has opened its doors for those who need shelter, 3760 Main Street with access off of Saderlund street, Eric is the contact at 707-349-2034
    Calvary Christian Church 2322 Spring Street, Saint Helena has shelter and hot showers as well as a large lawn space available for tents. Call or text 707-200-1016 for additional info.
    Seventh Day Adventist Church of Lakeport 1111 Park Way, Lakeport, CA
    New Hope Fellowship Church 305 Peckham Ct. Lakeport, CA
    Moose Lodge 2284 15900 E Highway 20, Clearlake Oaks, CA
    Calvary Chapel of Clearlake 14330 Memory Ln Clearlake, CA
    Lakeport Auto Movies 52 Soda Bay Road, Lakeport, CA
    Space for self-contained RVs, trailers, and campers.
    Please check in at movie theater office.
    Cole Creek Equestrian Center 4965 Steelhead Drive, Kelseyville, CA
    Space for self-contained RV’s, trailers and tents.
    RRanch At The Lake near Lake Berryessa 1962 Capell Valley Rd, Napa, CA 94558
    Can take horses and people with room for 55 horses and cabins for people. No cost, please call (707) 252-0140
    Meals:
    Walmart parking lot, 15960 Dam Rd, Clearlake, CA 95422
    Pine Acres resort 5328 Blue Lakes Rd, Upper Lake CA 95485 707-275-2811
    Running Creek Casino is giving out a free meal to anyone who lost their home due to the fire. Bring ID with an address of any town effected by the fire.
    Robinson Rancheria Resort and Casino is offering donations, free meals starting at noon Monday for any of the fire victims with proof of residency. Tuesday offering free breakfast and lunches. 262-3280

    • BB Grace September 14, 2015

      I appreciate the list. Thank you for posting this information Mike.

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