Submitted by Jesse Davis – February 27, 2017 – The Board of Supervisors (BOS) this Tuesday, February 28th will discuss options for handling state legislation known as the MCRSA (medical cannabis regulation and safety act) and prop 64 known as AUMA (adult use of marijuana act). Regardless of any cannabis ideology, here are the county’s options in practical legal terms:
- Consider a BAN; ban all commercial activity for medical and/or rec. cannabis.
- Consider an ordinance under the MCRSA; define the scope of legal commercial activity for MEDICAL cannabis only.
- Consider an ordinance under AUMA; define the scope of legal commercial activity for RECREATIONAL cannabis only.
- Consider a combined ordinance under both the MCRSA and AUMA.
- Consider an urgency ordinance under the MCRSA; define the scope of legal activity under the MEDICAL collective model as defined by prop 215, SB 420, MCRSA, and CA attorney general guidelines published 2008, to reconcile with Del Norte’s EXISTING cannabis production for the 2017 season.
- Do nothing; continue enforcement until the state issues commercial cannabis licenses under AUMA in 2018, without local control.
Option 6 is the easiest in the beginning and ends with an urgency ordinance to clean up the mess.
Option 1 results in recalls and voter initiatives because Del Norte voted by a 20% margin in support of AUMA. Option 2 is what Humboldt did and is a big project but it’s working. Options 3 or 4 are not something that can be completed until the state has a regulatory framework established for AUMA. Option 5 is what Trinity and Mendocino county did which allows them to generate revenue and begin to create working regulations and accountability for the industry with programs like ‘Track and Trace’ used by the Humboldt AG department.
Del Norte can ignore AUMA without consequence until the state gets close to issuing licenses under AUMA. At that time the county will need to participate to get a piece of the state excise tax and to retain local control over licensing. Del Norte can participate now under the MCRSA because it contains a very detailed and comprehensive regulatory platform that can be scaled and tailored to fit this county. Del Norte has been annually producing millions of dollars in cannabis products for many years. The voters clearly want regulation. The MCRSA was designed specifically to integrate these two realities for the benefit of the communities impacted by prohibition. We can be the county that focuses on the medical value of cannabis by incentivizing production of varieties high in CBD compounds that are saving lives. These varieties have little black market drug value due to their low THC levels and so they are tragically under produced leaving patients undersupplied. I know there are a lot of intelligent readers of the Crescent City Times; let’s see some replies or I will assume everyone is too indifferent or scared to care.
The BOS discussion starts at 1:30 pm.