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California Cannabis Updates

Opinion: Is It Time for Santa Barbara to Reckon with Its Cannabis Ordinance?

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The Santa Barbara Independent writes

Members of California Coastal Commission Say County May Need to Rethink How It Handles Cannabis

Two appeals of cannabis projects in Santa Barbara County fell through at last week’s meeting of the California Coastal Commission, with the commission agreeing to the staff’s assertion that there was nothing wrong with either project — technically — according to how the county’s cannabis ordinance is written and executed.

Instead, this latest batch of cannabis-related appeals out of Santa Barbara — against a four-acre grow outside Carpinteria and a cannabis retail dispensary on the small beach town’s Santa Claus Lane — raised questions among several commissioners over whether the county may need to go back to the drawing board and revisit an ordinance that has caused countless conflicts between county officials, cannabis companies, and concerned citizens in the years since being implemented.

In the appeal of the latest Van Wingerden family cannabis grow — located at 3508 Via Real near the Santa Barbara Polo & Racquet Club — Coastal Commission Chair Donne Brownsey said that “it appears there is a lot of community concern” over the number of cannabis farms in the area, and with issues that she said “are just a natural part of farming cannabis.”

She said that each time a cannabis project is appealed in Santa Barbara County, the commission is put in a “difficult spot” where commissioners are being asked to “address issues that are more appropriately addressed at the local level.”

“I think underlying all of this is really the issue with the Santa Barbara ordinance with regards to cannabis,” Brownsey said. “It seems to me that it may be time for the county to revisit this ordinance and not put the commission in a difficult spot where our inquiry really is, ‘Does this project conform with the Santa Barbara County local coastal program?’”

Commissioner Meagan Harmon, who also serves as a Santa Barbara city councilmember, joined the rest of the commission in a unanimous decision finding “no substantial issue” with the project, though she acknowledged the work and arguments laid out by appellant Jill Stassinos, who raised concerns over the effects of the growing number of cannabis projects densely packed in the area.

“I think it’s imperative we have involved citizens in our community that are taking a hard look at the way our county is evolving,” Harmon said.

In the second appeal, against the Roots cannabis dispensary on Santa Claus Lane, neighboring business owners Steve Kent and Nancy Rikalo argued that the location would cause parking and traffic problems that the county did not adequately assess, with Kent alleging that the site was “predetermined” without proper vetting.

“The county has ignored our voices, our expert evidence, and hundreds of letters of opposition submitted by neighbors during this three-year process,” Kent said.

Commissioners Harmon, Effie Turnbull-Sanders, and Dayna Bochco expressed interest in bringing the matter to another hearing in order to have a more in-depth discussion over the specific project and its effect on the area, though Harmon commented that it was likely outside of the Coastal Commission’s purview, and reported that the appellant Jana Zimmer had told her in an ex parte communication that the county may need to “revisit its local coastal program or risk its own reputation by not doing so.”

“This is so complicated,” she said. “There is so much conflict about the cannabis ordinance in our county.”

Several commissioners agreed that they have seen no adverse effects on traffic with dispensaries in their own areas, and that the commission should look at the project as a regular retail shop instead of making their decision based on their personal opinions about cannabis, assumptions of effects on traffic, or a “fear of a business being too successful,” as Commissioner Mike Wilson put it.

The commission voted 7-3 to find the appeal raised “no substantial issue” with the dispensary.

Source:  https://www.independent.com/2023/02/15/is-it-time-for-santa-barbara-to-reckon-with-its-cannabis-ordinance/



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California Cannabis Updates

August 23 2024: Department of Cannabis Control Files Emergency Rulemaking Action to Readopt Cultivation License Changes pursuant to Business and Professions Code section 26061.5

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Department of Cannabis Control Files Emergency Rulemaking Action to Readopt Cultivation License Changes pursuant to Business and Professions Code section 26061.5

August 23, 2024

The Department of Cannabis Control (DCC) has filed an action with the Office of Administrative Law (OAL) to readopt its emergency regulations implementing Senate Bill 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes including: change the type of size of a cultivation license; place a cultivation license in inactive status; or make a one-time change to a cultivation license’s date of renewal.

View the proposed finding of emergency and notice of proposed adoption and the proposed text of emergency regulations below:

The five-calendar day public comment period for this emergency action starts once OAL posts notice of the filing on its website. Emergency regulations under review by OAL can be found on its Emergency Regulation’s Under Review webpage.



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California Cannabis Updates

Oakland police seize banned tobacco products, psilocybin candy bars from smoke shop

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Oakland police are investigating an unlicensed smoke shop in East Oakland where officers seized several illegal products earlier this week, including cartons of banned tobacco products from out of state and nearly 10 pounds of marijuana bud.

Police on Wednesday confiscated other items at the shop in the 2500 block of Seminary Avenue that included Psilocybin “magic” mushroom candy bars and close to 20 pounds of suspected THC products.

Officers with the police department’s Alcohol Beverage Action Team were following up on anonymous complaints about the shop. In addition to seizing illegal items, they detained a store clerk.

No arrests were made, but the case will be forwarded to the Alameda County District Attorney’s office for further action, including civil charges and potential eviction, police said in a news release on Thursday.

https://www.cbsnews.com/sanfrancisco/news/east-oakland-smoke-shop-bust-illegal-tobacco-marijuana-mushrooms-thc-seminary-avenue/



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California Cannabis Updates

CBS News Report: Cannabis-legal California battling surging illegal marijuana operations

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DISCOVERY BAY – In a state where cannabis is widely legalized, California still has a significant illegal marijuana scene. The state Department of Cannabis Control (DCC) is only two years old but is quickly tackling and dismantling these operations.

For Bill Jones of the DCC, it was just another Tuesday as he pulled up to an unsuspecting house in a gated neighborhood. To the untrained eye, one would never guess what was hiding inside.

“It really could be anywhere,” Jones told CBS News Bay Area. “It could be your neighborhood, could be my neighborhood.

CBS News Bay Area was invited on a ride along while DCC officers executed search warrants and seized illegal crops.

Inside four homes in a Discovery Bay neighborhood, officers found illegal cannabis operations.

“We’re going to see anywhere between 3,000 to 5,000 plants,” Jones said. “And we’re talking about a square mile here.”

Jones has been in law enforcement for nearly three decades and the DCC holds a personal significance as he was part of the team tasked with standing the department up in 2021.

“I hired all these officers,” Jones said. “I’m so proud of my people. They work so hard.”

Upon entry into the house, the smell of cannabis fills the space and each room has its own microclimate as those who tended to the crop closely monitored the environment of the plants. But in doing so, the practice created an illegal and hazardous space.

“There’s a really sharp contrast between the illegal cannabis market and the licensed cannabis market,” Jones explained. “The illegal market which in part has criminal organizations like Mexican cartels and Chinese triads and other transnational criminal organizations operating it. They pay no taxes, they have no concerns about how they grow and distribute, they use banned chemicals and pesticides. They take advantage of their employees, sometimes they even engage in human trafficking.”

In the first two stops, officers seized nearly 2,000 plants totaling 1,000 pounds of cannabis.

Read full report

https://www.cbsnews.com/sanfrancisco/news/cannabis-control-ride-pot-bust-grow-house-discovery-bay/



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