Katelyn Baker
Well-Known Member
A marijuana advocacy organization is claiming Humboldt County has violated its own commercial medical marijuana regulations and a recent legal agreement by allowing existing cultivators to apply for business permits until the end of the year.
The Humboldt-Mendocino Marijuana Advocacy Project, known as HUMMAP, has called for the county to stop accepting permit applications from existing growers immediately or face potential legal action.
"We're exploring our options," HUMMAP's attorney Rachel Doughty of Green Fire Law said Wednesday.
Humboldt County Counsel Jeffrey Blanck denied the county violated its regulations or the legal agreement reached with HUMMAP earlier this year. Blanck said if there is ambiguity in the county's regulations, it is the county that gets to decide how to interpret its own rules.
"We're just trying to leave the doors open for as many existing growers to come in to seek applications and come into compliance," Blanck said. "Strangely, that is what HUMMAP wanted as well, at least in the beginning. Now their position is to cut them off, which I don't understand."
Under the county's Commercial Medical Marijuana Land Use Ordinance, which took effect in February, those seeking medical marijuana business permits have until the end of the year to apply for one.
Existing cannabis cultivators were given until Aug. 23 to register with the county to obtain a "good standing" designation. If a grower is given this designation, they will be placed on a fast-track for licensing when the state's permitting system comes online in early 2018. To be a legal medical cannabis business owner in California, you must obtain both local and state licenses or permits.
HUMMAP argues that the ordinance only allows existing growers to apply for a business permit if they have registered for "good standing" with the county.
The section of the ordinance HUMMAP bases its argument off of reads: "All operators of existing cultivation sites seeking recognition of cultivation activities that occurred on or before January 1, 2016, for purposes of obtaining a Zoning Clearance Certificate or discretionary permit for ongoing commercial cannabis cultivation for medical use pursuant to the CMMLUO shall register with the County of Humboldt Department of Planning & Building within 180 days of the effective date of this ordinance."
Therefore, the county's "clarification" announcement on Sept. 23 that existing growers are still allowed to apply for permits before the Dec. 31 deadline even if they hadn't registered for "good standing" came as a surprise to HUMMAP.
HUMMAP cofounder Robert Sutherland paints a different picture of the situation.
HUMMAP sued the county at the beginning of the year claiming that the county's ordinance did not properly address environmental damages. As part of the settlement agreement, the county agreed to conduct full environmental reviews for any changes to the ordinance among others.
After the settlement in July, Sutherland said county officials had asked them about including an allowance for existing growers to apply for permits even after the Aug. 23 registration deadline passed.
"I'm not pleased about their wishy-washy stand on this," Sutherland said. "The fact that they would repeatedly request to agree to an alteration of it makes it seem they understood it was a change."
But Blanck states that the Aug. 23 registration deadline was never even mentioned in their settlement agreement with HUMMAP. Blanck further stated that the legislative history and the intent of the ordinance is to bring existing cannabis cultivators into compliance with local and state laws.
"I don't see what HUMMAP is trying to accomplish by this," Blanck said. "If existing growers are still trying to come into environmental compliance, what's the problem?"
Doughty said that the next steps will rely on the county's formal response, with one option being to call for the Humboldt County Superior Court to uphold the settlement agreement or place the county in contempt of the court.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Humboldt County Violated Its Own Marijuana Rules
Author: Will Houston
Contact: 707-441-0500
Photo Credit: Will Houston
Website: Times-Standard
The Humboldt-Mendocino Marijuana Advocacy Project, known as HUMMAP, has called for the county to stop accepting permit applications from existing growers immediately or face potential legal action.
"We're exploring our options," HUMMAP's attorney Rachel Doughty of Green Fire Law said Wednesday.
Humboldt County Counsel Jeffrey Blanck denied the county violated its regulations or the legal agreement reached with HUMMAP earlier this year. Blanck said if there is ambiguity in the county's regulations, it is the county that gets to decide how to interpret its own rules.
"We're just trying to leave the doors open for as many existing growers to come in to seek applications and come into compliance," Blanck said. "Strangely, that is what HUMMAP wanted as well, at least in the beginning. Now their position is to cut them off, which I don't understand."
Under the county's Commercial Medical Marijuana Land Use Ordinance, which took effect in February, those seeking medical marijuana business permits have until the end of the year to apply for one.
Existing cannabis cultivators were given until Aug. 23 to register with the county to obtain a "good standing" designation. If a grower is given this designation, they will be placed on a fast-track for licensing when the state's permitting system comes online in early 2018. To be a legal medical cannabis business owner in California, you must obtain both local and state licenses or permits.
HUMMAP argues that the ordinance only allows existing growers to apply for a business permit if they have registered for "good standing" with the county.
The section of the ordinance HUMMAP bases its argument off of reads: "All operators of existing cultivation sites seeking recognition of cultivation activities that occurred on or before January 1, 2016, for purposes of obtaining a Zoning Clearance Certificate or discretionary permit for ongoing commercial cannabis cultivation for medical use pursuant to the CMMLUO shall register with the County of Humboldt Department of Planning & Building within 180 days of the effective date of this ordinance."
Therefore, the county's "clarification" announcement on Sept. 23 that existing growers are still allowed to apply for permits before the Dec. 31 deadline even if they hadn't registered for "good standing" came as a surprise to HUMMAP.
HUMMAP cofounder Robert Sutherland paints a different picture of the situation.
HUMMAP sued the county at the beginning of the year claiming that the county's ordinance did not properly address environmental damages. As part of the settlement agreement, the county agreed to conduct full environmental reviews for any changes to the ordinance among others.
After the settlement in July, Sutherland said county officials had asked them about including an allowance for existing growers to apply for permits even after the Aug. 23 registration deadline passed.
"I'm not pleased about their wishy-washy stand on this," Sutherland said. "The fact that they would repeatedly request to agree to an alteration of it makes it seem they understood it was a change."
But Blanck states that the Aug. 23 registration deadline was never even mentioned in their settlement agreement with HUMMAP. Blanck further stated that the legislative history and the intent of the ordinance is to bring existing cannabis cultivators into compliance with local and state laws.
"I don't see what HUMMAP is trying to accomplish by this," Blanck said. "If existing growers are still trying to come into environmental compliance, what's the problem?"
Doughty said that the next steps will rely on the county's formal response, with one option being to call for the Humboldt County Superior Court to uphold the settlement agreement or place the county in contempt of the court.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Humboldt County Violated Its Own Marijuana Rules
Author: Will Houston
Contact: 707-441-0500
Photo Credit: Will Houston
Website: Times-Standard
