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County grapples with cannabis permit controversy

September 10, 2024 | Mendocino County, California


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County grapples with cannabis permit controversy
In a recent government meeting, Mendocino County officials addressed significant concerns regarding the interpretation of cannabis cultivation permits, specifically the longstanding limit of 10,000 square feet per parcel. The discussion was prompted by staff's review of the current regulations, which revealed a potential conflict between the original intent of the ordinance and its recent implementation allowing two permits per parcel, potentially doubling the cultivation area.

Supervisor Hasak highlighted that the original understanding among stakeholders was that the 10,000 square feet limit was meant to apply to the total cultivation area on a parcel. However, the introduction of two permits—one for outdoor growth and another for mixed light—has led to confusion and a departure from this intent. This reinterpretation has reportedly caused over 150 participants to withdraw from the program this year alone.

The board members expressed a consensus on the need to revert to the original intent of the ordinance. Supervisor Jardine emphasized that the environmental impact analysis conducted under the California Bar Mow Quality Act was based on the 10,000 square feet limit, and any increase would not withstand scrutiny. He noted that the biomass produced by larger plants would have a significantly greater environmental impact, which had not been adequately assessed.

Public comments during the meeting echoed these concerns, with several speakers advocating for the preservation of the 10,000 square feet limit. They argued that this size was carefully chosen to balance the needs of small farmers with environmental protections. Many constituents expressed strong opposition to any increase in cultivation size, emphasizing the importance of maintaining the integrity of the original ordinance.

The board is now considering options for addressing the situation, including potentially grandfathering in current applicants or refunding their fees. The meeting concluded with a commitment to further explore the implications of the staff's reinterpretation and to ensure that future policy decisions reflect the will of the community and adhere to established regulations.

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