This story is about so much more than cannabis

One thing we know about the times is that they are a-changing, and that is especially true of cannabis policy!

We have seen a lot of evolution since Proposition 215 passed in 1996 when California voters legalized medical cannabis cultivation and collective associations. California was the first state to move towards ending the war on cannabis. A majority of states in the U.S. have legalized medical cannabis, and 15 states have legalized adult use as well. Today, in a sad irony, there are still people in prison for cannabis, a therapeutic plant. Nations, previously gripped by our country’s zero tolerance position towed the line on cannabis prohibition, are now legalizing and decriminalizing personal and medical use. Prop 215 gave birth to California commercial medical cannabis dispensaries, then state legalization in 2016 opened the door further to cultivation, testing, manufacturing, and distribution oversight and licensure. In 2016, we saw the establishment of the county’s first cannabis cultivation ordinance, and the latest iteration of the Sonoma County cultivation ordinance is now under consideration.

The Sonoma County Planning Commission have been wrestling with the policies in this new draft cultivation ordinance. Their next step is to provide policy considerations and recommendations to the Board of Supervisors (BOS). A Mitigated Negative Declaration (MND) (adopted when a project’s mitigation measures clearly reduce impacts below a level of significance) has been prepared for the County, and ultimately, it will be up to the BOS to adopt the ordinance and MND as is, with changes, or call for more studies. There are the usual arguments of supporting this fledgling industry and treating cannabis like the rest of agriculture on one side, and concerns for odor and it being a ‘drug’ are on the other.

The most notable change is that cannabis cultivation applicants would go through a ministerial permitting process through the Sonoma County Ag Commissioner’s office. Most crops don’t need to go through any process to be planted on farmlands, considered “by right”. Only vineyards and orchards go through a ministerial process through the Ag Commissioner office. Having cannabis cultivation go through a more rigorous process makes sense as this is a newer, highly regulated industry. For context, hemp does not go through a ministerial process, but is required to register with the Ag Commissioner. Hemp is identical to cannabis in every way except hemp must have a .3% or less THC level (the psychoactive component). Hemp is great for making fiber, oil, food, and has literally tens of thousands of industrial uses. Henry Ford made a vehicle made from hemp, and run by hemp fuel. The Declaration of Independence was drafted on hemp. Although these plants are identical in smell and appearance, the laws that have been governing them couldn’t be more different. A peculiar state law obscures the definition of cannabis, but hemp, legalized nationally, has the proper agriculture definition.

To state it plainly, we must work together to develop the best commercial cannabis economy that we can. This is not a new experience or activity. Commercial cannabis has been here for a very long time, well before legalization. What is different now is that we have environmental and land-use regulations to oversee how it is done and where. We have a dual licensing system, meaning that a local jurisdiction must give approval for commercial cannabis, and then one can apply for a state license. This is the most regulated plant that there is. The county cannabis regulations of 2016 were ahead of their time, but now they have to catch up to state law. That is the way regulations often work, with multiple agencies overseeing implementation. Now the county needs to align with state law, move cannabis to the Ag Department where it belongs, and embrace this amazing plant with industrial, medical, and recreational qualities and let it drive our economy forward in a healthy way.

Craig Litwin was a top signature gatherer for Prop 215, served as mayor of Sebastopol where he co-author one of the nation’s first dispensary ordinances. He is the CEO of 421 Group, a California cannabis consultancy with a HQ in Sebastopol, and a co-owner of Resourcery; a Sebastopol permitted and state licensed cannabis oil extractor, tincture and salve maker, and distributor.