Redding is Accepting Commercial Cannabis Permits – Shouldn’t Shasta County as well?

Shasta County California

The City of Redding, California, has recently adopted a cannabis ordinance permitting no more than ten retailers of adult use cannabis and/or medical cannabis businesses and an unlimited amount of commercial marijuana cultivation (indoor only), manufacturers, processors, distributors, testing laboratories, storage facilities or deliverers of cannabis.  Although the Redding cannabis ordinance prohibits the new State business model of a cannabis microbusiness as well as cannabis events, it does permit cannabis licenses for distributors and marijuana testing labs which are in high demand on a State-wide basis as the July 1, 2018 deadline approaches for licensed cannabis facilities.  (See Redding Cannabis Regulations.)

The United States Census Bureau estimates that the population of Redding is over 91,000 (US Census Redding) which represents about one half of the population of Shasta County (US Census Shasta County).

The City of Shasta Lake, California, population over 10,000 (US Census Shasta Lake), permitted medical marijuana dispensaries some time ago and recently expanded the regulations for other commercial cannabis businesses.  (See Shasta Lake Cannabis Regulations).

If over 50% of the County has adopted some form of cannabis regulation, why isn’t the Shasta County Board of Supervisors taking steps to permit, regulate and tax commercial cannabis businesses to benefit their community?

According to a report issued by the California Growers Association released February 15, 2018, less than 25% of California’s fifty-eight counties have adopted ordinances to permit, regulate, and tax commercial cannabis activity of any kind.  (See An Emerging Crisis Barriers to Entry in California Cannabis.)  Without a local license, growers and other cannabis businesses are precluded from applying for a California state cannabis license.

Even the Northern California counties that have established commercial cannabis regulations, such as Humboldt, Trinity, Mendocino, and Sonoma, have incorporated limitations which continue to prevent established marijuana cultivators from obtaining a local cannabis license and thus access to the newly established legal state cannabis market.

Although one of the largest counties in Northern California, Shasta County has yet to embrace the opportunities of commercial cannabis cultivation in both employment and revenue.  The Shasta county-wide unemployment rate of 5.9% is approximately 1/3 greater than the state or national average.  (See Shasta County Unemployment Rate.)  Already a flourishing agricultural area, permitting both indoor and outdoor marijuana cultivation would be a natural fit.

As recently as November 14, 2017, however, the Shasta County Board of Supervisors reiterated the County ban on commercial cannabis activity.  (See Shasta County Cannabis Regulations.)

The neighboring counties of Lassen, Siskiyou, Modoc and Plumas, have also chosen to ban commercial cannabis businesses.  Tehama County went so far as to recently prohibit the cultivation of industrial hemp as well.  (See Tehama County Cannabis Regulations.)

Shasta County has a unique opportunity to adopt cutting edge cannabis regulation and taxation well in advance of neighboring counties and create a model for a thriving cannabis industry that would generate jobs and revenue for the County with little, if any, impact on current demographics.

Contact us to learn more about California state or local cannabis regulations, cannabis regulatory compliance, and cannabis litigation.

Riverside County Takes Next Step Toward Legalization of Cannabis Businesses

Riverside County

On March 20, 2018, the Board of Supervisors of the County of Riverside, California, held a Workshop to consider a County-wide regulatory framework for the legalization of cannabis businesses.  The County previously banned medical cannabis and reinforced the ban of all commercial cannabis in September 2017.  However, two members of the Board, Chairman Chuck Washington and Supervisor Kevin Jeffries, were concurrently appointed to an ad-hoc committee of the Board to work with staff to research the potential marijuana licensing and revenue generation opportunities for the unincorporated areas of Riverside County.

According to the staff presentation, nearly 50% of the incorporated cities in Riverside County have adopted regulations permitting various cannabis businesses to obtain a cannabis license, including Blythe, Cathedral City, Coachella, Desert Hot Springs, and Perris.

Similar to statements made by Lori Ajax, Chief of the California Bureau of Cannabis Control in February 2017, County staff suggested to the Board of Supervisors that the first set of cannabis regulations may not resolve all of Riverside County’s issues and that an annual review of the processes and regulations is recommended.

County planning staff recommended a maximum of 19 marijuana dispensaries and 50 marijuana cultivation sites in the first year based on land use and permit processing concerns.  These recommended maximums do not comport with the primarily agricultural nature of unincorporated Riverside County which allegedly hosts hundreds of outdoor marijuana cultivation sites.  In addition, planning staff suggested limiting all cannabis cultivation to indoor sites of less than one acre.  (See the Riverside County Cannabis Businesses Board of Supervisors Submittal and Staff Report.)

On the other hand, County staff acknowledged the opportunity for legally established distribution and testing laboratories in the County to permit active participation of local businesses in the supply chain of the cannabis market both inside and outside the County of Riverside.  To their credit, County staff recommended the zoning for marijuana nurseries, manufacturing, distribution, and testing facilities mirror the zoning for similar non-cannabis businesses without any recommended maximum of locations.

Regarding financing, the County staff provided three distinct choices for the Board of Supervisors:

(1) Cannabis taxation requiring a vote of the people;

(2) an Annual License Fee limited to the recovery of costs of processing cannabis license applications and regulating conduct of licensed facilities; and

(3) negotiating cannabis development agreements through specific applications of potential cannabis licensees to secure a public/community benefit via a neutral point system.

County staff relied upon data from Cathedral City and estimated potential cannabis tax revenues from $8.7 million to $46.1 million annually depending on the number of licensed cannabis businesses and a tax rate between 2 and 4%.  A representative from the Riverside County Registrar of Voters presented an estimate of $750,000 for the County to place a cannabis tax measure on the ballot for November 2018.

Development agreements are legally exempt from a vote of the people.  However, according to County Counsel, a cannabis development agreement would generally require a protection of land use approvals for five to ten years, regardless of future decisions of the Board of Supervisors.

After a very thorough and thoughtful staff presentation on both the land use and financial opportunities of permitting medical and recreational marijuana in the jurisdiction, the Board of Supervisors directed staff to continue to work on the legalization of cannabis businesses by a vote of 4-1.  In addition, the Board directed staff by a vote of 3-2 to work toward a Development Agreement process through a Request for Proposals instead of placing a cannabis tax measure on the ballot for November 2018.

County staff intends to present an ordinance for permitting commercial cannabis in Riverside County to the Planning Commission in late Spring/early Summer with a hearing for final approval before the Board of Supervisors in July 2018.

Contact us to learn more about California state or local cannabis regulations, cannabis regulatory compliance, and cannabis litigation.