Policy

MCA Memos for 03-28 BoS Meeting

In advance of the BoS Meeting tomorrow, 03-28, MCA has prepared the attached memos on the following items:

• Item 3c – Cannabis Tax Reform  (CLICK HERE for Agenda Materials)
  • This is the Second Reading / Final vote for adoption.  
• Item 4c – Vegetation Modification  (CLICK HERE for Agenda Materials)

CLICK HERE to read the memos!

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 before 7:30AM on 3-28).

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

• Item 3c – Cannabis Tax Reform 
• Item 4c – Vegetation Modification 

To make a verbal comment there are two options:

Option #1-Voicemail

1. Call (707) 234-6333 to leave a voice message, up to 2 minutes, to be played during public expression/public comment, as it relates to the published agenda.
2. Leave your full name and the agenda item upon which you are making a comment.
3. The deadline for voicemail comment is 8AM the day of the meeting. (Voicemails received after 8AM will not be played back during the meeting)
4. Anonymous phone messages will not be played back during the meeting (nor will phone messages received prior to publication of the agenda)
   

ONLY 1 MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 7:30AM ON THE DAY OF THE MEETING TO BE SAFE.

Option #2 – ZOOM

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

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 859 2655 1260

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

Please also feel free to email your District Supervisor, or all Supervisors, with your comments!

(Be sure to include the items that you’re writing about in your Email Subject)

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.orgRaise your voice and make a difference!

MCA Memos for 03-27 GGC Meeting

In advance of the General Government Committee Meeting on 3-27-23, MCA has prepared the attached memos on the following items :

• Public Expression – In Support of AB 1111 Cannabis Small Producer event sales
• Item 2a – MCD Update (CLICK HERE for Agenda Materials)
• Item 2b Deprioritization Ordinance Amendment (CLICK HERE for Agenda Materials)

CLICK HERE to read our memos.

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 before 7:30AM on 3-27-23).

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.

• Public Expression
• Agenda Item 2a – MCD Update
• Agenda Item 2b – Processing deprioritized tax applications

To make a verbal comment there are two options:

Option #1-Voicemail

1. Call (707) 234-6333 to leave a voice message, up to 2 minutes, to be played during public expression/public comment, as it relates to the published agenda.
2. Leave your full name and the agenda item upon which you are making a comment.
3. The deadline for voicemail comment is 8AM the day of the meeting. (Voicemails received after 8AM will not be played back during the meeting)
4. Anonymous phone messages will not be played back during the meeting (nor will phone messages received prior to publication of the agenda)

ONLY 1 MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 7:30AM ON THE DAY OF THE MEETING TO BE SAFE.

Option #2-ZOOM

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

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 847 1652 0553

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

You can also email the Supervisors on the committee:

District 2 – Mo Mulheren mulherenm@mendocinocounty.org

District 3 – John Haschak haschakj@mendocinocounty.org

Every voice raised makes a difference!

MCA Memos for 03-14 BoS Meeting

In advance of the BoS Meeting on Tuesday March 14, MCA has prepared the memos on the following items:

• Item 4g Cannabis Tax Reform –  (CLICK HERE for Agenda Materials)

We fully support the impactful tax reform items being brought by Supervisor Mulheren and recommended by both her and Supervisor Haschak of the General Government Committee: 

1. an Amnesty Program for tax penalties and interest still owed, 
2. a payment plan for those who have been Deprioritized due to late tax payments, 
3. and a 50% reduction in the Minimum Cannabis Tax for tax years 2023 and 2024) 

We urge you to share your support of these recommendations with the Supervisors, and to specifically thank Supervisor Mulheren for bringing this item forward and working so quickly with the various county departments to make it happen. Instructions for commenting below.

• Item 4f – Local Cannabis Program Streamlining (CLICK HERE for Agenda Materials)

We are supporting the intent of the item to explore, both locally and with the state, every option available to move folks to their Annual Licenses.  While these options are being evaluated, there are many items that will warrant consideration if significant changes are going to be made to our existing systems and regulations.  Our memo provides some of these items, and calls for significant engagement with the stakeholder community as these conversations proceed.  

We encourage you to support the conversations taking place between the State and the County, to include robust stakeholder input, and to share any items you think the County should be considering as things move forward.

COMMENTING

You can use the following instructions to make either written or verbal comments (including leaving a voice mail at your convenience before 7:30AM on Tuesday March 14).

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.

• Item 4g – Cannabis Tax Reform
• Item 4f – Local Cannabis Program Streamlining

To make a verbal comment there are two options:

Option #1-Voicemail

1. Call (707) 234-6333 to leave a voice message, up to 3 minutes, to be played during public expression/public comment, as it relates to the published agenda.
   
2. Leave your full name and the agenda item upon which you are making a comment.
3. The deadline for voicemail comment is 8AM the day of the meeting. (Voicemails received after 8AM will not be played back during the meeting)
4. Anonymous phone messages will not be played back during the meeting (nor will phone messages received prior to publication of the agenda)

ONLY 1 MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 7:30AM ON THE DAY OF THE MEETING TO BE SAFE.

Option #2 – ZOOM

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

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 850 3079 4049

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

Please also feel free to email your District Supervisor, or all Supervisors, with your comments!

(Be sure to include the items that you’re writing about in your Email Subject)

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.orgYour voice makes a difference!

MCA Corrections to Local Article

Several local Mendocino papers have recently published a letter from Jim Shields titled ‘Outside Media Gets Mendo Weed Woes Wrong (As Usual).’ Unfortunately neither Mr. Shields nor the papers reached out to either Michael Katz or Hannah Nelson who were both mentioned in the letter to verify the statements made, and several inaccuracies were included. MCA is choosing to respond to Mr. Shields’ letter in order to correct those inaccuracies and provide some additional information for the public, especially at this critical time for our locally licensed cannabis operators.  Recent articles in the Lost Coast Outpost, Cal Matters and the Ukiah Daily Journal clearly illustrate the socioeconomic decline that is impacting our rural community. These fact based articles point to the need to act fast to minimize the damage and reverse this decline before it is too late.

First, Michael Katz is not a ‘paid lobbyist’ for the Mendocino Cannabis Alliance (MCA). A lobbyist in California is defined by the Fair Political Practices Commission as ‘an individual who is compensated to communicate directly with any state, legislative or agency official to influence legislative or administrative action on behalf of his or her employer or client.’ The term ‘lobbyist’ is almost certainly being used by Mr. Shields in a derogatory fashion, but Katz is in fact the Executive Director of MCA; hired to support this trade association with over 120 members advocating for the fair treatment of small cannabis businesses in Mendocino County. The mission of MCA is to serve and promote Mendocino County’s world-renowned cannabis cultivators and businesses through sustainable economic development, education and public policy initiatives. 

Mr. Shields further incorrectly identified Hannah Nelson as MCA’s lawyer.  Ms. Nelson has an impressive 30 plus years’ history of advocacy and litigation concerning cannabis issues, including having previously served on the MCA Board, Policy Committee and as Senior Policy Advisor.  However she does not currently, and has not in the past, provided either pro bono or paid legal services to the organization. 

Independently, Ms. Nelson has written a series of memos dealing with the legal and practical implications of the Mendocino Cannabis Department’s (MCD) sudden and unjust Vegetation Modification letters. In each memo, and in working with the Ad Hoc and Staff through the summer of 2022, she provided clear analysis and proposed practical ways to deal with issues of proof and standards of evidence for new allegations of prohibited tree removal that suddenly surfaced so many years after the ordinance was enacted and applications were submitted. More recently, she collaborated with Ellen Drell and the Willits Environmental Center (WEC) to ensure both due process and common sense were adhered to in dealing with Vegetation Modification issues. This letter clearly demonstrates that both the environmental community and cannabis business advocates believe that the way MCD dealt with this issue was unreasonable, and provides a concrete and legally defensible method, supported by WEC and Ms. Nelson, for the County to move our locally licensed operators stuck in this purgatorial program forward.

As to Mr. Shields’ claim that we have been ‘actively engaged..with the development of the unworkable ordinance’ – it is technically false and substantively does not tell the whole story. Members of MCA, prior to our formation in 2019, and the organization since then, have been quite vocal in the public sphere providing practical solutions to the challenges of developing and implementing local cannabis policy. These recommendations have included everything from file management systems to the structure of the Local Equity Program, and even a line-by-line proposal for ordinance revisions to better align with state law. We firmly believe that if these and many more of our recommendations had been adopted and implemented over the last several years we as a community would be in a much better position today. 

The most recent of the ‘working groups’ Mr. Shields refers to, and yes there have been several, occurred throughout the course of 2022 in an attempt to address the significant challenges reported by applicants with the management of the Department’s permit review and grant programs. This group included the Cannabis Ad Hoc committee (at the time Supervisors Haschak and McGourty), several members of the local stakeholder and consultant community including MCA, Hannah Nelson, the MCD, the CEO’s office, County Counsel’s office and State agencies.  After many months of meetings, the Ad Hoc brought a list of 12 recommendations to the full Board in October 2022 which MCA fully supported. Most significant procedural and operational recommendations related to the management and oversight of MCD were rejected by the full Board.

Conditions have become so dire on the ground that MCA recently sent a letter to the Governor and the Director of the Department of Cannabis Control (DCC) calling for state intervention to provide support. MCA is currently working with our State and Federal advocacy organization Origins Council in engaging the DCC, the Legislature and the Governor’s Office regarding this licensing crisis.

We understand that there are likely thousands of unregulated cultivation sites operating in Mendocino. Estimates have ranged anywhere from 6,000 – 10,000. However, those unregulated cultivation sites have not been working with the County and State for the last 6 years to achieve regulatory compliance. They are not subject to the regulations that have still not resulted in the issuance of Annual Licenses required to keep Mendocino County farmers in the regulated legal marketplace. 

The February 18, 2023 SF Gate article by Lester Black, referenced by Mr. Shields, accurately describes the situation for  licensees remaining in the regulated program who are in danger of being statutorily removed from California’s legal cannabis market through no fault of their own, in stark contrast to the promises made to them when they agreed to participate. The number of licensed farmers in Mendocino County mentioned in the article refers to those that stepped forward to enter the regulated cannabis program, and who still remain. As of 2020 there were about 1200 active permit applications operating in Mendocino. Per recent data from MCD as of December there were around 850. In a document provided to the Board of Supervisors on December 13, 2022, MCD stated that “the cannabis department estimates there will be approximately 200-300 farms that make it to annual licensing at the state level.’ That’s only 25% of the farmers who began this process in good faith.

The Vegetation Modification debacle that Mr. Shields refers to is in fact a new issue despite its inclusion in the ordinance.  The ordinance contains an exception to the Tree Removal prohibition for ‘disease and safety concerns’ under which operators could remove trees.  However MCD refused to give meaningful life to those important exceptions. In conjunction with County Counsel, they instead threatened applicants with permit denial and demanded unreasonable standards of proof never conceived in the ordinance or communicated over the last 6+ years.  Some applicants who received Vegetation Modification letters threatening denial of their permits had even  previously been inspected. 

Many of these applicants had in fact been following instructions from CalFire when addressing safety concerns, but the County has been trying to disregard the intent of the exception quoted above to remove applicants from the program. Once this became clear, the advocacy community jumped into action and objected on due process grounds with a letter to MCD Director Kristin Nevedal, which led to a halt in the planned denials.  We are grateful to the Willits Environmental Center and Hannah Nelson for coming together to address this important issue which still remains unresolved.

Today, more than ever, we as a community must come together and support the stability, survival and equal treatment of our small licensed cannabis farmers. Our rural community is a delicate ecosystem that has historically relied on the financial contributions of the cannabis community. This reliance continues to this day, and as of May 2022 the county reported that the regulated cannabis program brought in $8 million more than projected in tax revenue. Additionally, according to the 2020 County Crop Report Cannabis Addendum, licensed Mendocino County cannabis generated $131 Million of economic activity on 290 acres of canopy.  Compare that to $81 Million in economic activity generated from wine grapes on 16,000 acres. What we see is that cannabis can create an incredible amount of value on a miniscule scale. Local cannabis businesses also spend money locally on goods and services which in turn supports other local businesses. With a stable regulatory environment in Mendocino County providing a foundation from which our licensed craft cannabis farmers can grow, we can get back there again.  

The good news is that Mendocino cannabis is still recognized as some of the best craft product available anywhere, bringing home 11 awards at last years California State Fair, and appreciated around the world as a true craft product of place.  With our reputation for quality already secure, we must stabilize the licensed cultivators who helped establish that reputation so their businesses can thrive and they can continue contributing to our local economy. 

There are some glimmers of hope on the horizon for our local licensees in the form of Tax Reform recommendations from the General Government Committee of Supervisors Haschak and Mulheren, but it will fall on the full Board to move those proposals forward. In the context of the extortive taxes and fees to operate in the regulated cannabis market at the local and State levels in California, IRS Code 280e at the Federal level, which prohibits cannabis businesses from writing off all business expenses except Cost of Goods Sold (COGS), and the major regulated cannabis market crash, this tax reform will be essential to keeping as many of our locally licensed operators in the regulated market as possible. Doing this ultimately benefits our local community in numerous ways from adherence to environmental compliance to the generation of future tax revenue.  

While many of the challenges our locally licensed cannabis businesses face exist due to regulations on the state level, there is still plenty that can be done locally by the Board of Supervisors, County Counsel and MCD to help move the process along rather than putting up roadblocks. We hope everyone reading this, including Mr. Shields, will join us in urging the Board of Supervisors to act swiftly in conjunction with the stakeholder community to protect this invaluable economic resource. The full Board can be reached via email at bos@mendocinocounty.org.

We encourage anyone reading this who supports a sustainable future for Mendocino County’s licensed legacy cannabis cultivators to reach out to us for information on how they can help. Learn more about MCA at our website www.MendoCannabis.com.

MCA Memos for 02-27-2023 GGC Meeting

In advance of the February 27 GGC meeting MCA has submitted the following memos:

• Item 2a –  MCD Update
• Item 2b – LJAGP Budget Amendment 
• Item 2c –  Legislative Platform 
• Item 2d –  Cannabis Tax Payment Plan

CLICK HERE to read the Memos!

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 before 7:30AM on Monday Feb 27).

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 ITEMS LINKED BELOW TO SUBMIT YOUR COMMENT.

• Item 2a –  MCD Update
• Item 2b – LJAGP Budget Amendment 
• Item 2c –  Legislative Platform 
• Item 2d –  Cannabis Tax Payment Plan

To make a verbal comment there are two options:

Option #1-Voicemail

1. Call (707) 234-6333 to leave a voice message, up to 2 minutes, to be played during public expression/public comment, as it relates to the published agenda.
2. Leave your full name and the agenda item upon which you are making a comment.
3. The deadline for voicemail comment is 8AM the day of the meeting. (Voicemails received after 8AM will not be played back during the meeting
4. Anonymous phone messages will not be played back during the meeting (nor will phone messages received prior to publication of the agenda)
   

LEAVE ONLY 1 MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 7:30AM ON THE DAY OF THE MEETING TO BE SAFE.

Option #2-ZOOM

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

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 885 1458 2367

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

We also recommend emailing the supervisors on the committee with your thoughts:

Supervisor John Haschak haschakj@mendocinocounty.org,

Supervisor Mo Mulheren mulherenm@mendocinocounty.org,

Chair Glenn McGourty mcgourtyg@mendocinocounty.org,

Every voice raised makes a difference. These are important issues and we request that ALL available Members make comments on these items.

MCA Memos for 02-07 BoS Meeting

In advance of the BoS Meeting on Feb 7th, MCA has prepared several memos for Public Expression, as well as memos for specific agenda items. 

Agenda Items

Item 4d – CLICK HERE for Memo on Equity Legal Opinion  – We strenuously object to the adoption of the proposed expenditure of $25K for an outside counsel to investigate the Federal legality of our Local Equity Program on multiple grounds. (CLICK HERE for Agenda Materials)

Item 4f– CLICK HERE for Memo on Legislative Platform – We raise concerns about the February 17 deadline for the introduction of legislation at the State level and the nearly 2 month delay by MCD in providing updated materials for inclusion in the platform despite multiple directions to do so. (CLICK HERE for Agenda Materials)

Public Expression

CLICK HERE for Memo on LJAGP – We provide an LJAGP Timeline Update with significant concerns about the timely and effective opening of applications for Direct Grants to licensees, and ask the GGC and Board to intervene.

CLICK HERE for Memo on Resource Innovation Institute contract – We inquire about the utility of hiring an outside agency with scarce LJAGP resources to do State reporting that operators can do on their own

CLICK HERE for Memo on Equity Manual Raid Criteria Revisions – We support memos submitted by Hannah Nelson and Scott Ward and call for an Equity Manual language update clarifying the inclusion of various Law Enforcement agencies beyond CAMP who were responsible for raids as acceptable criteria for applicants. This change is in line with past Board direction, and within the authority given to Director Nevedal.

CLICK HERE for Memo on Berkeley Cannabis Research Report – We share the UC Berkeley Cannabis Research Center’s Report on Policy Findings & Recommendations Regarding California Cannabis Farming, Regulation and the Environment (report also attached and linked in the memo) which includes many insightful recommendations for state and local governments.

Hannah Nelson is also working on a memo for Item 4c related to Vegetation Modification, and at a minimum MCA will be supporting that memo.

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 before 7:30AM on Feb 7th).

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.

• Public Expression
• Agenda Item 4d- Equity Legal Opinion
• Agenda Item 4f – Legislative platform

To make a verbal comment there are two options.

Option #1-Voicemail

1. Call 707-234-6333 and leave a voice message, up to 2 minutes in length, to be played during public expression/public comment, as it relates to the published agenda.
2. Speak clearly, being sure to leave your full name and the agenda item upon which you are making a comment.
3. Anonymous phone messages will not be played back during the meeting – nor will phone messages received prior to publication of the agenda.
4. The deadline for voicemail comment submission is 8 AM the day of the meeting. Voicemails received after that time will not be played back during the meeting.

YOU MUST LEAVE ONE MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 7:30AM ON THE DAY OF THE MEETING TO BE SAFE.

Option #2-ZOOM

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

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 895 0911 1749

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

Please also feel free to email your District Supervisor, or all Supervisors, with your comments! (Be sure to include the items that you’re writing about in your Email Subject)

District 1 – Chair 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

Every voice raised makes a difference.  These are important issues and we request that ALL available Members make comments on these items!

MCA Memos for 12-12 GGC Meeting

In advance of tomorrow’s 12-12-2022 General Government Committee meeting at 9am where they will be hearing four cannabis agenda Items, MCA has shared several memos with the Board of Supervisors.

– Agenda Item 2a – Mendocino County – State Legislative Platform – where we make recommendations for inclusion to the County’s 2023 State Legislative Platform

– Agenda Item 2b – MCD Update – Where we raise questions and seek clarification on many of the items in the report.

– Agenda Item 2c – County Equity Grant Application – Where we support the County applying for 5 Million in additional Equity Grant funding.

***CLICK HERE to read the Memos!***

– Agenda Item 2d – Vegetation Modification – It’s possible that the memo will not be shared until tomorrow, so it’s possible you will not be able to see it until it’s shared.  In the event you want to comment in general on this item, you could include your personal opinions on the issues with the Veg Mod program, and advocate that the GGC, the Board and County Counsel adopt the broadest possible reading of the Ordinance to enable as many operators as possible who have not conducted egregious Tree Removal to fall under the allowed exceptions in the Ordinance for disease and safety concerns.

This is the first time the Veg Mod proposals from CoCo will be heard, and they are not scheduled to be discussed by the full Board until sometime in January at the earliest. 

If you support our recommendations, we urge you to share that support with the General Government Committee via written AND verbal comment. YOUR VOICE MAKES A DIFFERENCE!

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 AGENDA ITEM BELOW FOR THE APPROPRIATE PLACE TO SUBMIT YOUR COMMENT:

– Agenda Item 2a – Mendocino County – State Legislative Platform – where we make recommendations to the County to include in their lobbying of the State next year.

– Agenda Item 2b – MCD Update – Where we raise questions and seek clarification on many of the items in the report.

– Agenda Item 2c – County Equity Grant Application – Where we support the County applying for 5 Million in additional Equity Grant funding.

– Agenda Item 2d – Vegetation Modification – It’s possible that the memo will not be shared until tomorrow, so it’s possible you will not be able to see it until it’s shared.  In the event you want to comment in general on this item, you could include your personal opinions on the issues with the Veg Mod program, and advocate that the GGC, the Board and County Counsel adopt the broadest possible reading of the Ordinance to enable as many operators as possible who have not conducted egregious Tree Removal to fall under the allowed exceptions for disease and safety concerns.

If you would also like to make a verbal comment (we recommend it!) on any or all of these items, there are two options.

Voicemail

1. Call 707-234-6333 and leave a voice message, up to 2 minutes in length, to be played during public expression/public comment, as it relates to the published agenda.
2. Speak clearly, being sure to leave your full name and the agenda item upon which you are making comment.
3. Anonymous phone messages will not be played back during the meeting – nor will phone messages received prior to publication of the agenda.
4. The deadline for voicemail comment submittal is 7:30 AM the day of the meeting. Voicemails received after that time will not be played back during the meeting.

YOU MUST LEAVE ONE MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 730AM ON THE DAY OF THE MEETING TO BE SAFE.

2. Join the Zoom Webinar for the meeting and use the “raise hand” feature when Public Comment is called. For details and complete list of the latest available options by which to engage with agenda items, please CLICK HERE  

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 893 7803 8056

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

Please also feel free to email the GGC Members and your District Supervisors with your thoughts on these items!

GGC Members:

District 2 – Mo Mulheren mulherenm@mendocinocounty.org,
District 4 – Dan Gjerde gjerde@mendocinocounty.org,

Additional Supervisors:

District 3 – John Haschak haschakj@mendocinocounty.org,

District 1 – Glenn McGourty mcgourtyg@mendocinocounty.org,

District 5 – Ted Williams williamst@mendocinocounty.org

All Supervisors: bos@mendocinocounty.org

Thank you for your support!

MCA Memos for 12-06 BoS Meeting

In advance of the BoS Meeting tomorrow MCA has prepared the attached memos on the following items:

 – Item 3m – Proposed LJAGP Manual (CLICK HERE for Agenda Materials)

 – Item 4h – Fee Hearing Re: Cannabis Appeals (CLICK HERE for Agenda Materials)

CLICK HERE to review the memos.

The Proposed LJAGP Manual is on the Consent Calendar, which means the Board plans to vote without discussing.  WE STRONGLY FEEL THE LJAGP MANUAL SHOULD NOT BE ADOPTED AS WRITTEN AND URGE EVERYONE TO WRITE OR CALL IN TO ASK THE BOARD NOT TO ADOPT IT.

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 before 7:30AM tomorrow!).

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.

• Agenda Item 3m – Proposed LJAGP Manual
• Agenda Item 4h – Fee Hearing Re: Cannabis Appeals

If you would also like to make a verbal comment (we recommend it!) on any or all of these items, there are two options.

Voicemail

1. Call 707-234-6333 and leave a voice message, up to 3 minutes in length, to be played during public expression/public comment, as it relates to the published agenda.
2. Speak clearly, being sure to leave your full name and the agenda item upon which you are making comment.
3. Anonymous phone messages will not be played back during the meeting – nor will phone messages received prior to publication of the agenda.
4. The deadline for voicemail comment submittal is 8 AM the day of the meeting. Voicemails received after that time will not be played back during the meeting.

YOU MUST LEAVE ONE MESSAGE PER AGENDA ITEM. WE RECOMMEND LEAVING MESSAGES BY 730AM ON THE DAY OF THE MEETING TO BE SAFE.

2. Join the Zoom Webinar for the meeting and use the “raise hand” feature when Public Comment is called. For details and complete list of the latest available options by which to engage with agenda items, please CLICK HERE  

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 869 4597 5217

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

Please also feel free to email your District Supervisor, or all Supervisors, with your comments!

Make sure to include the items that you’re writing about in your Email Subject

District 4 – Dan Gjerde gjerde@mendocinocounty.org,

District 3 – John Haschak haschakj@mendocinocounty.org,

District 1 – Glenn McGourty mcgourtyg@mendocinocounty.org,

District 2 – Mo Mulheren mulherenm@mendocinocounty.org,

District 5 – Ted Williams williamst@mendocinocounty.org

All Supervisors: bos@mendocinocounty.org

Every voice raised makes a difference.  These are important issues and we request that ALL available Members make comments on these items.

Important Local Policy Updates

Please review the following important Local Policy Updates

1. Hannah Nelson + MCA

After serving many years as Senior Policy Advisor, founding member Hannah Nelson is adjusting her role with MCA.

Hannah has decided it is time for her to put her attention to exploring litigation issues and strategies concerning the Mendocino County cultivation permitting program.

In addition to focusing time on potential litigation and client work, Hannah will continue to serve MCA through her work as Law and Policy Advisor to Origins Council (“OC”), the nonprofit education, research, and advocacy organization dedicated to sustainable rural economic development within cannabis producing regions. OC conducts State regulatory and legislative policy work as well as research and public education informed by impacts to rural legacy producing regions. MCA is a member organization and is well represented on OC’s Regional council.

While Hannah will no longer officially serve as Senior Policy Advisor to MCA, she is not going anywhere. She is still committed to local policy issues and will remain a resource for MCA in the local policy arena.

We of course remain eternally grateful for all of Hannah’s efforts and sincerely appreciate her continued commitments to our entire community.

2. Cannabis Processing in Residential Structures

After five years of hard work by Scott Ward and Hannah Nelson to get the county to provide an avenue for small cultivators to not have to have F1 occupancy structures to be able to conduct trimming, a path forward for people in certain circumstances was finally enacted! On October 26, 2022, the Planning and Building Services Director Julia Krog signed into effect the following Policy Statement:

Department Policy Statement No. 1: Cannabis Processing in Residential Structures

This can be found on a new subpage on the PBS website titled: Departmental Policies

Hannah Nelson and Scott Ward have written to PBS Director Krog to get clarification on some of the specific process related issues. While there are potential benefits for those eligible to utilize this new policy, there are potential pitfalls. Also, there are very specific conditions that could impact people with respect to their cannabis licensing in ways that are not immediately apparent by reading the policy. As such, Scott and Hannah advise waiting for further clarification and they have agreed to schedule info sessions for the public so that folks can make informed decisions about whether to undertake the steps necessary to utilize this hard fought policy.

3. In Good Standing (IGS) Portal Currently Open

Operators who have been designated ‘In Good Standing’ are required to resubmit their full applications through an IGS Portal. At the MCD meeting this morning, it was shared that only 6 of 140 IGS operators have submitted their applications.

Those 6 applications that came in between Nov 1 and Nov 14 are now being reviewed. Documents submitted between Nov 14 and December 5 will then be reviewed beginning December 5. MCD will repeat this two week cycle several times, closing the portal on Jan 31st.  

MCD has indicated that any submissions after Jan 2 will NOT have the ability to make ANY corrections to their documents, so we STRONGLY RECOMMEND EVERYONE SUBMIT THROUGH THE PORTAL ASAP.  The longer you wait to submit, the less likely MCD will move quickly enough to process any changes they may request from you.

IGS Portal info can be found on the County website: CLICK HERE

Here is the detailed schedule for the portal timeline provided by MCD:

•   November 1, 2022, the In Good Standing Portal opens
•  November 14, 2022, submitted applications will be sent to MCD staff for review
•  December 5, 2022, applications submitted between November 14 and December 5, 2022, will be sent to MCD staff for review AND reviewed applications submitted between November 1, and November 14, 2022, that need corrections will be unlocked
•  December 19, 2022, applications submitted between December 5, and December 19, 2022, will be sent to MCD staff for AND reviewed applications submitted between November 14, and December 5, 2022, that need corrections will be unlocked
•  January 2, 2023, applications submitted between December 19, and January 2, 2023, will be sent to MCD staff for review AND reviewed applications submitted between December 5, and December 19, 2022, that need corrections will be unlocked
•  January 16, 2023, applications submitted between January 2, and January 16, 2023, will be sent to MCD staff for review AND reviewed applications submitted between December 19, 2022, and January 2, 2023, that need corrections will be unlocked
•  January 31, 2023, at 11:59 pm PT, the In Good Standing Portal closes 

In Good Standing applicants that have been deprioritized are still able to submit materials through the portal.  However, please note the materials will not be reviewed until deprioritized applicants satisfy the conditions needed to reprioritize their application. 

Important information was presented at the MCD Public Meeting held Friday, October 14, 2022. All In Good Standing applicants are encouraged to review this information. Links to the slide show and the recording of that meeting can be found here:

October 14, 2022, MCD Public Meeting Links:

Video Recording: https://youtu.be/s0e3ELNHN5A

Slide Show: MCD In Good Standing Slide Show

4. Fallowing Submissions for 2023 Season Due Between Dec 1 – Dec 31, 2022

The County has put in place a program that will allow operators who voluntarily reduce their cultivation canopy to certain levels compared to their permitted canopy to reduce their minimum cannabis taxes accordingly. 

While the deadline of Dec 31 2022 does not align with the farming season, it is easy to withdraw from the Fallowing program with no penalties if you change your mind.  Due to this, we STRONGLY RECOMMEND any operator who thinks they might want to fallow next year to submit Notice of Fallowing paperwork this year, and to withdraw from the Fallowing program prior to planting if they change their mind.

Please note that there is a two-step process: (1) register the Notice of Fallowing, (2) file the Affidavit. Those that filed the Notice to Fallow and supporting site plan for the 2022 year must still file an Affidavit and whatever supporting materials are required in January of 2023. The Affidavit has not yet been posted to the County website.

Those that intend to Fallow in 2023 must file the Notice before the Dec. 31 2022 deadline and then later will have to file the follow up Affidavit.

CLICK HERE for the Fallowing Ordinance that was passed on July 12 and set up the Fallowing Affidavit program which is required to receive tax relief.

CLICK HERE for the Notice of Fallowing on the County website – (the form must be downloaded to activate the electronic signature field)

To register with this program for the 2023 season you must submit a completed Notice of Fallowing and subsequent site plan to MCDPOD@mendocinocounty.org by Dec 31, 2022.  

There is NO fee for filing, and NO fee to withdraw from the Fallowing program when you are ready.

If you have a 10K sq ft Garden, you must fallow to 5K sq ft or below to reduce your minimum tax.  If you have a 5K sq ft garden, you must fallow to 2,500 sq ft or below to reduce your minimum tax.  If you are at or below 2,500 sq ft you must fallow your full garden to reduce your minimum tax.

If you Fallow your entire garden you will not have a Minimum Tax requirement, but everyone who Fallows will still be responsible to pay taxes on Gross Receipts for product sold per the existing Tax and reporting system.

When submitting the Notice of Fallowing, you should submit your most recent site plan, and clearly show ANY/ALL fallowed areas (update the legend on the site plan). 

If you are fallowing just certain areas of your site, make sure it’s VERY clear which areas will still be cultivated vs. which will be fallowed. – show if you will still be processing, also show if you will still be cultivating immature plants, or if you’re fallowing your immature plant area as well.

Once completed materials are submitted to  MCDPOD@mendocinocounty.org and MCD will process.

MCD recommends downloading the Notice of Fallowing, and not filling it out in the browser. Fill it out on your computer.

ONLY SUBMIT ONE APPLICATION NUMBER PER NOTICE OF FALLOWING 

When submitting Use 2023 as Calendar Year for next season. 

Read the full Notice of Fallowing before signing to know what you’re agreeing to!