Policy

q2 Cannabis Taxes Due July 31

Mendocino County Quarterly Tax payments are due by July 31st for the reporting period:

4-1-23 to 6-30-23

Please keep in mind that if payment is postmarked after July 31st, you will incur penalties and interest charges.

The Board of Supervisors recently amended the Mendocino County Cannabis Business Tax effective April 28th, 2023 for cannabis cultivators and nursery operators to pay a reduced cannabis business tax of 1.25% for tax years 2023 and 2024.

All other cannabis businesses are required to pay their specific quarterly payments.

For more information, please contact the Tax Collector at 707-234-6848.

You can also visit https://www.mendocinocounty.org/government/treasurer-tax-collector/cannabis-taxes-and-license for more cannabis tax related information.

Tax payments can be mailed to:

Mendocino County Treasurer-Tax Collector
Room 1060
501 Low Gap Rd
Ukiah, CA 95482

 

 

Call to Action for 07-25 BoS Meeting re Cannabis Prohibition Zone

For those of you who have been tracking the proposed Redwood Valley Cannabis Prohibition District, it is coming before the Board of Supervisors for a decision on Tuesday July 25. 

Those affected by the proposed CP Zone have created a new website on this topic: 

www.NoCPZones.com 

You can visit their site to learn more about CP Zones, the affected cultivators, and why this policy is deeply flawed not just in Redwood Valley, but for the entire cultivation community. When on the site make sure to sign the petition!

We also highly recommend checking out the linked letters on the home page sent to the Planning Commission by Emerald Law Group (the attorneys representing the affected cultivators).

While the operators who would be impacted by this zone are MCA Members, this is an important issue for all local licensees.  As currently written our ordinance allows any group of citizens to engage in this tactic for any reason, and we must call for that provision to be removed.  It is important to not only oppose this particular zone, but Prohibition Zones in general, and we will continue to include this within our advocacy.

We will be sharing info on how to submit written and verbal comment at the7/25 BoS meeting by Friday afternoon at the latest with the Subject “CALL TO ACTION #2” but wanted to provide this heads up and point you to www.NoCPZones.com before then.

Materials:

CLICK HERE for the Staff Report to the BoS on the item (Colony CP District).

0.1± miles north of the Redwood Valley town center, bound generally on the west by East Road (CR 230), on the north by Madrone Drive (private) and Road I (CR 234), on the east by Colony Drive (CR 232-A), and on the south by Road D (CR 232).

CLICK HERE for MCA’s previous memo in opposition.

CLICK HERE for an image of the proposed zone outlined by a thick black border. 

You will notice that there are 2 provisionally licensed cultivation sites within the zone, and another 7 provisionally licensed cultivation sites adjacent to the zone, 4 of them directly touching the border. The 2 provisional licensees within the zone are Latin, and the 7 licensees just outside of the zone are white. So this Zone would cease the compliant cannabis activities of Latin operators while allowing their white neighbors to continue.  The proponents of the Zone have said that their intent is not racist, but the map clearly appears to create an unnatural shape to specifically include only the impacted cultivators. 

Another item of note is that a good portion of the proposed zone (the smaller parcels on the left side) is already in zoning that prohibits commercial cannabis activity, while the other portion is in Ag Zoning which is where the state and county would like to see new cannabis cultivation occurring. It would set a terrible precedent to Prohibit cannabis in one of the few remaining zones where it is currently allowed.

This is an important issue for us to address as a community. Please look out for more information on Friday with details on how to submit public comments for the meeting.  If you would like to email your district Supervisor directly to share your opposition to the Zone, you can do that at any time between now and Monday evening at the following email addresses:

CLICK HERE for County District Map

District 1 – Glenn McGourty mcgourtyg@mendocinocounty.org,

District 2 – Mo Mulheren mulherenm@mendocinocounty.org,

District 3 – John Haschak haschakj@mendocinocounty.org,

District 4 – Dan Gjerde gjerde@mendocinocounty.org,

District 5 – Ted Williams williamst@mendocinocounty.org

All Supervisors: bos@mendocinocounty.org

 

DCC Update on CEQA and Provisional Licensing

The following messaging was shared by the DCC to Mendocino County Provisional License holders today via email:

In recent weeks, the Department of Cannabis Control (DCC) and Mendocino County have worked in partnership to support provisional cultivation licensees’ transition to annual licensure within the County. This partnership has resulted in the streamlining of local cannabis permitting and the revitalization of review under the California Environmental Quality Act (CEQA). As a result, provisional cultivation licensees in Mendocino County now face clearer pathways into annual licensure with DCC.

This document is intended to help provisional cultivation licensees in Mendocino County understand how to continue working towards annual state licensure.

  1. Future CEQA review: Going forward, DCC will serve as lead agency under CEQA for cultivation licenses in Mendocino County. This work will be supported by a contractor, Ascent Environmental.

    In particular, DCC and Ascent Environmental are working to prepare a programmatic environmental impact report (EIR) addressing cannabis cultivation in Mendocino County. Once complete, this programmatic EIR will allow for streamlined CEQA review as to specific cultivation sites in Mendocino County, using site-specific addenda. Additionally, this process may result in the identification of specific sites that can satisfy CEQA using other documentation, such as a negative declaration or mitigated negative declaration.

  2. Existing Appendix G work product: Because DCC (rather than the County) will now serve as lead agency under CEQA for cultivation licenses in Mendocino County, DCC does not anticipate that it will be possible to complete CEQA review, going forward, using only Appendix G.

    DCC recognizes that provisional cultivation licensees in Mendocino County have often expended significant effort in connection with the preparation of Appendix G. To prevent wasted effort, wherever possible, DCC intends to use Appendix-G-related work product to assist in the preparation of the appropriate CEQA documents for a site.

  3. Renewal of existing DCC provisional licenses: Existing provisional licensees in Mendocino County should continue to seek renewal of their provisional licenses, through DCC, at the appropriate time.

    On and after July 1, 2023, state law allows the renewal of a provisional license where, among other requirements, “[t]he lead agency for the license has determined that an environmental impact report is required pursuant to Section 21157 of the Public Resources Code and . . . has a contract or contracts with consultants in place for the preparation in place for the preparation of that environmental impact report.” (Bus. & Prof. Code, § 26050.2, subd. (e)(2)(B).) As mentioned, DCC is now serving as lead agency under CEQA for cultivation licenses in Mendocino County. DCC has determined that a programmatic EIR is required, and a contract is in place for the preparation of that programmatic EIR.

    Accordingly, if the other requirements for renewal of provisional licenses are satisfied, DCC intends to continue renewing provisional cultivation licensees in Mendocino County on and after July 1, ‌2023.

  4. Local authorization from Mendocino County: Finally, DCC reminds provisional cultivation licensees that—as always—the transition to annual state licensure requires them to comply with applicable local permitting requirements.

    DCC encourages provisional cultivation licensees to continue working with Mendocino County to ensure they timely comply with the County’s permitting requirements, which the County has recently streamlined. More information: https://www.mendocinocounty.org/departments/cannabis-department.

______________

MCA will continue advocating at both the local and state levels to ensure that the costs incurred in developing local Appendix G paperwork will be included as allowable grant uses under the LJAGP program.

We will keep you posted as any new information becomes available.

MCA GGC Memo for June 26th Meeting

Greetings MCA Members,

In advance of the GGC Meeting on 6-26-23, MCA has prepared the attached memo on the following item:

If you support our recommendations, you can use the following instructions to make either written or verbal comments.

 

To leave any written public comment, first you must CLICK HERE to register with Granicus. Once you have registered, you will be able to sign in and make comments and upload files for all agenda items.  You can CLICK HERE to find upcoming meeting agendas.

 

YOU MUST MAKE AN INDIVIDUAL COMMENT FOR EACH AGENDA ITEM YOU WANT TO ADDRESS. CLICK THE ITEM BELOW FOR THE APPROPRIATE PLACE TO SUBMIT YOUR COMMENT.

To make a verbal comment there are two options:

Option #1-Voicemail

Voicemail comments will no longer be played back during Open Session, but are immediately available to the full Board of Supervisors upon submittal

  1. Call (707) 234-6333 to leave a voice message, up to 3 minutes
  2. Leave your full name and the agenda item upon which you are making a comment.

ONLY 1 MESSAGE PER AGENDA ITEM.

 

Option #2 – ZOOM during the BoS Meeting

Use the “raise hand” feature when Public Comment is called

 

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 879 8205 6655

Zoom Phone Number (if joining via telephone): 1 669 900 9128

Every voice raised makes a difference. 

Restricted Ag Pass Program Sign Up Information

We strongly recommend that all locally licensed cannabis cultivators register for the Mendocino County AG Pass Program in advance of any possible wildfire or other emergency that may occur this summer as fire season is upon us. Being prepared in advance will go a long way if disaster strikes, and submissions will likely not be able to be processed during an emergency. The earlier you register, the more likely the program will operate smoothly if/when there is an emergency.

Click the word below to find the corresponding Ag Pass Application Form

1. CANNABIS

2. AGRICULTURE

3. ANIMAL PROTECTION

 

Restricted Area Access Agriculture Pass (“Ag Pass”) Program Overview

 

The Mendocino County Department of Agriculture (“Ag Department”), Mendocino Cannabis Department (“Cannabis Department”), Mendocino County Office of Emergency Services (“OES”), the Mendocino County Sheriff’s Office (“MCSO”), and Mendocino County Animal Care Services (“Animal Care”) have worked in partnership to establish a restricted area access program. The program is to assist commercial agricultural producers, commercial livestock operators, locally authorized cannabis operators and commercial kennel operators to access restricted areas following a natural disaster to perform essential agricultural activities such as providing care for commercial livestock or to maintain other commercial farming commodities.

The Ag Pass Program allows qualifying commercial farm and ranch owners, other qualifying agriculture producers, locally authorized cannabis operators, commercial kennel operators, and their managerial employees, as defined in California Food and Agriculture Code § 2350, to be issued identification documents granting any qualified applicant access to a qualifying farm or ranch property, or kennel, during or following a flood, storm, fire, earthquake, or other disaster.

The following documents are required to be uploaded along with your application:

Agriculture

  • Pesticide Operator Identification Number
  • Apiary Registration
  • Organic Registration
  • Certified Producer Certificate
  • Restricted Materials Pesticides Permit
  • Government Identification Card

Animal Control

  • Certificate of Approval

Cannabis

  • Employee List
  • Mendocino County Live Scan
  • Government Identification Card

05-24-2023 MCA Local Policy Update Recording Now Available

It was great to see those of you who joined us for the Local Cannabis Policy Update on Wednesday May 24.

 

Many thanks to Genine Coleman from Origins Council, Attorney Hannah L. Nelson and Patrick Sellers from Headquarters Consulting for joining us and sharing their knowledge and support!

 

During the Update we discussed the recently passed Local Jurisdiction Grant Assistance Program amendment, the recently contracted EIR and environmental paperwork preparation, the streamlined local cannabis ordinance and more.  This is a video you do not want to miss!

 

For those who were unable to attend, or for those who want to experience the magic all over again, below is a link to the Zoom recording:

 

CLICK HERE TO ACCESS THE RECORDING

 

Not an MCA Member yet? CLICK HERE to join today!

Important Local Tax Deadlines and Grant Information

 

Please see the information below regarding the following important Tax and Grant items:

 

  1. Tax Payment Plan Sign Up Last Day May 31
  2. Local 2022 Cannabis Tax True Ups Due May 31
  3. State Cannabis Equity Tax Credit
  4. State Equity Fee Waivers
  5. Local Policy Update Wednesday May 24 @ 11AM

 

1. Delinquent Tax Payment Plan Sign Up by May 31

As you may already know, there has been significant local cannabis tax reform passed in Mendocino County to help support our struggling licensed operators. 

  1. County’s Delinquent Cannabis Tax Amnesty & Payment Plan Program
  2. Reduction in Cannabis Business Tax for Cultivation and Nursery Operations for Tax Years 2023 and 2024 effective April 28, 2023

The deadline for entering the Payment Plan Program for any taxes in arrears from 2018 – 2021 is May 31, 2023.

SO FAR ONLY 3 OPERATORS HAVE ENTERED THE PAYMENT PLAN.

Operators can also pay all taxes in arrears at once if they are able and will still have their penalties and interest removed.

MCA’s advocacy has been a key component to moving these essential reforms forward to benefit all those in the local cannabis program.

 

2. Local 2022 Cannabis Tax True Ups Due May 31, 2023 

True Ups for 2022 Cannabis Business Tax is due by May 31, 2023.  Penalties for late payments begin on June 1, 2023, and can be significant if not addressed quickly, so we recommend submitting payment no later than May 31!

Details on the True Up requirements can be found HERE on the county website.

** We have requested that the County look into the possibility of allowing LEEP eligible operators who have already submitted Direct Grant Applications to redirect a portion of their Grant Allowance to cover the 2022 True Up in a way that would not lead to penalties or interest.  They are looking into if this is possible and will let us know as soon as they can.  We will keep you updated as soon as we have more info! **

 

3. State Cannabis Equity Tax Credit

The State Cannabis Equity Tax Credit (CETC) is available for taxable years beginning January 1, 2023 through December 31, 2027. Qualified cannabis businesses may receive a tax credit of $10,000.

A qualified taxpayer is an equity licensee that has received approval (including approval contingent upon the availability of funds) for the fee waiver and deferral program administered by the California Department of Cannabis Control.

The Department of Cannabis Control will provide FTB with a list of qualified taxpayers.

You can claim the nonrefundable credit for taxable years beginning January 1, 2023 through December 31, 2027.

Any unused credit may be carried over for 8 taxable years after the year the credit was generated.

For questions regarding the CETC, contact the Franchise Tax Board at:

FTBCannabis@ftb.ca.gov

More info here: https://cannabis.ca.gov/applicants/apply-for-equity-fee-relief/

And HERE.

 

4. State Equity Fee Waivers

If you were negatively affected by the criminalization of cannabis, you can apply to the DCC to have your license fee waived or deferred.

CLICK HERE for a State Equity Fee Relief Fact Sheet

 

CLICK HERE to see if you’re eligible for State Equity Fee Relief before applying, and for information on how to apply if you are.

For licensees renewing in July or August, MCD is prioritizing the processing of your applications locally to meet current State requirements for renewal.

IF THE ORDINANCE CHANGES DISCUSSED AT THE BOS MEETING TODAY PASS TOMORROW, STATE PROVISIONAL RENEWALS WILL BE ABLE TO CONTINUE EVEN IF YOU HAVE NOT RECEIVED A COUNTY ANNUAL CULTIVATION PERMIT OR SUBMITTED YOUR APPENDIX G AFTER JULY 1.

**ANY LATE STATE RENEWAL WILL RESULT IN A 50% PENALTY ADDED TO THE LICENSE FEE.  MAKE SURE YOUR STATE RENEWALS ARE ON TIME!

 

5. Local Policy Update Wednesday May 24 @ 11AM

There will be a lot of news to share from the GGC and BoS meetings from today and tomorrow that will significantly impact how our entire local cannabis program will be moving forward in a way that will benefit all existing operators.  This is the one policy update you do not want to miss!

 

You are invited to a Zoom meeting.
When: May 24, 2023 11:00 PM Pacific Time (US and Canada)

Register in advance for this meeting:
https://us02web.zoom.us/meeting/register/tZ0oc-qtqjIqH9P4ivVpm0HUPzRXs_GJFtIm

After registering, you will receive a confirmation email containing information about joining the meeting.

MCA Memos for 5-22 GGC and BoS Meetings

In advance of the GGC and BoS Meetings on May 22nd, MCA has prepared the attached memos on the following items:

 

 

CLICK HERE to read the memos!

 

We will also be making a comment in support of BoS Item 3b regarding the contract between the County and Ascent Environmental to engage in Environmental Planning services. As it reads now, this agreement will not only cover the budget for Ascent to do the EIR, but also to create any required Environmental documents required for applicants to receive their State Annual License without cost to the applicants.

 

We appreciate all of the efforts being undertaken at this critical time by the County to streamline processes and improve engagement and interactions with our local applicants and stakeholders.  There is a palpable, positive shift in tone and action that is a welcome change from the environment created under the previous administration, and it is being felt throughout the community. 

 

If you support our recommendations, you can use the following instructions to make either written or verbal comments (including leaving a voice mail at your convenience.)

 

To leave any written public comment, first you must CLICK HERE to register with Granicus. Once you have registered, you will be able to sign in and make comments and upload files for all agenda items.  You can CLICK HERE to find upcoming meeting agendas.

 

YOU MUST MAKE AN INDIVIDUAL COMMENT FOR EACH AGENDA ITEM YOU WANT TO ADDRESS. CLICK THE ITEM BELOW FOR THE APPROPRIATE PLACE TO SUBMIT YOUR COMMENT.

To make a verbal comment there are two options:

Option #1-Voicemail

(Please note that Voicemail comments will no longer be played back during Open Session, but are immediately available to the full Board of Supervisors upon submittal)

  1. Call (707) 234-6333 to leave a voice message, up to 2 minutes
  2. Leave your full name and the agenda item upon which you are making a comment.

ONLY 1 MESSAGE PER AGENDA ITEM

 

Option #2 – ZOOM during the BoS Meeting

Use the “raise hand” feature when Public Comment is called

 

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 899 0055 7384

Zoom Phone Number (if joining via telephone): 1 669 900 9128

Every voice raised makes a difference. 

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