Legal considerations like DA prosecution guidelines, not being subject to arrest and prosecutions determine what it means for a cannaibis cultivator or operator to be in good standing

About  40 people packed the BOS chamber including CCVH's Luke Bruner, Richard Marks, John Ford, local environmental attorney Paul Hagen to observe and comment on the registry for commercial cannabis cultivation.

By an unanimous vote, the Supervisors approved a  registry of persons interested in engaging in commercial cannabis activity pursuant to the Medical Marijuana Regulation and Safety Act. This registry is effective immediately.

Fifth District Supervisor Ryan Sundberg said there is some confusion from emails and calls about what this registry does. "This does not give applicants a permit, said Supervisor Sundberg. "It just says that they are in good standing with the County." He said this arose out of a concern that big dispensaries in Southern California would use their pull to get in front of the line when the State starts handing out permits. "This has nothing to do with the land use ordinance. This subject is difficult because there "

Supervisor Fennell said that in 30 days that DHHS and the Sheriff will describe what it is to be "in good standing. The state will not have regulation until 2018, if you are not in line, you will be in the back of the line."

As the afternoon progressed and Mr. Ellinwood and Building and Planning Department's Steve Lazar answered questions, there were some questions answered and some confusion remained. Supervisors commented that some of the responses by County Counsel and the Planning Department were not how they had interpreted the registry draft.

Supervisors Sundberg, Estelle Fennell Virginia Bass and Rex Bohn questioned County Counsel's Joel Ellinwood about the proposed registry and concerns they had and concerns that were conveyed to them by constituents.

Mr. Ellinwood said priority processing will only be for operations in existence prior to Jan 1, 2016.
Mr. Ellinwood clarified later that people just need to apply by Jan 1, 2016, a determination of good standing and whether it is an existing operation can be determined by July 2016.

Talking with Luke Bruner, Richard Marks and others later, it was unclear which date was the deadline and if the January 1, 2016 was just the preferred suggestion.

DA prosecution guidelines, whether you have been subject to arrest and prosecution are factors that affect what it means to be in good standing. Mr. Ellinwood said that currently with cooperatives, the number of patients they have establish the size of grow. "These are all legal considerations in existing operations prior and they are in good standing."

"We are targeting both cultivators and dispensary operators," said Mr. Ellinwood.

"This registry is the not the County giving priority to anyone," said Mr. Ellinwood. "It is facilitating the process for an ordinance already drafted and for people to get into line for priority the State has established."

"Federally it is prohibited yet the State has recognized since the Compassionate Use Act so medical marijuana cultivation has been a neverland," said Mr. Ellinwood.

Mr. Ellinwood clarified and reiterated what Supervisor Sundberg had said that this registry is not a land use ordinance. He added that it will not be subject to the Planning Department or the Coastal Commission.

County Counsel Jeffrey Blanck said that as far as he knows Humbokdt County us the only one going for a full fledged ordinance. The registry is just to determine level of interest in how many people want to be in good standing and those that want permits. The registry has nothing to do with the land use ordinance clarified Supervisor Sundberg.

Paul Hagen pointed out some problems with the form causing confusion, gave suggestions but overall complimented the Supervisors and said "you got some good lawyering going on" bringing different layers of statutory laes and regulations together. One of the issues that contributed to the confusion was that on the top of the form, the code from the business and professions that gives priority was listed and at the bottom of the form it stated something else.

There was support from most people making public comments, especially cannabis related businesses. They thanked the Supervisors and Planning Department for their transparency and hard work.

The smaller growers brought out concerns of the legal and financial impacts, and the consequences of coming out the shadows and unreasonable prosecutions.

 "The little guys who spend their disposable income in Humboldt and cannot compete with lobbyists," said one small grower.

Ian Herndon, President of Humboldt Boutique Garden, a 15 year resident of Humboldt County, told the Supervisors he appreciated the opportunity to speak and expediency of this process. "We are already organized as a non-profit. This is another opportunity for growers to get into compliance."

 The one dissenter was regular public enthusiast Kent Sawatsky. He said, "Only Luke and one other person win because only the two of them qualify." He said he mentioned this to Lee Ulansey, one of the Planning Commissioners. "Instead of the Planning Commission. go and ask how Eureka and your voters feel about this."

Only myself, North Coast News, Times Standard, Channel 3 and freelancer Andrew McFarland were at the Board of Supervisors Chamber this afternoon.

This is a link to Kym Kemp's site with more information.

http://kymkemp.com/2015/12/09/interested-in-being-a-licensed-marijuana-grower-the-supervisors-have-created-a-registry-to-show-good-standing/

Dec 4, 2015

How many people will show up to comment on registration of persons engaging in commercial cannabis cultivation?

Afternoon session of December 8 Humboldt County Board of Supervisors Meeting has a presentation from County Counsel.


1. Resolution Authorizing Registration of Persons Interested in Engaging in Commercial Cannabis Activity Pursuant to Medical Marijuana Regulation and Safety Act.

Recommendation:

Attachments: COUNTY OF HUMBOLDT That the Board of Supervisors receive the Report and Recommendation of the Medical Marijuana Subcommittee; review the Draft Resolution and Registration form; deliberate and vote on draft resolution authorizing Registration of Persons  interested in Engaging in Commercial Cannabis Activity pursuant to Medical Marijuana Regulation and Safety Act.


The registry is intended to address two issues:

1)identify the demand for different license types(cultivation,manufacture,distribution,testing,dispensary, and transport) to guide development of policy and resources to accommodate the potential volume of applicants;

and,

2)provide a means for persons seeking to demonstrate that they had established commercial cannabis activities in operation by January 1,2016, to enable the County of Humboldt to certify that such operations were in good standing with the County, so that the applicant would be entitled to priority license consideration by state licensing