CEQA and cannabis: The facts

The 2017 Medicinal and Adult-Use Cannabis Regulation and Safety Act designates the California Department of Food and Agriculture as the state agency responsible for issuing licenses to commercial cannabis cultivators. These new regulations promote a fair and equitable marketplace for licensed commercial cannabis cultivators and have been crafted to encourage a responsible entry into the regulated world.

The CDFA conducted a statewide Programmatic Environmental Impact Report, or PEIR, that was released in November 2017 in support of the CalCannabis Cultivation Licensing Project No. 16.015.

The PEIR provides the public, responsible agencies and trustee agencies with information about the potential environmental effects of implementing the California Cannabis regulations, and how best to determine and mitigate any significant environmental impacts. It evaluated the impact on everything from air quality and aesthetics, to utilities and water, including energy use, greenhouse gas emissions, land use, hazards, planning, agricultural resources, and even noise and traffic impact.

The PEIR summary found no significant concerns in any category and states that because of the “environmental protection measures included in the new state regulations, the impacts of the CalCannabis cultivation Licensing program are considered less than significant for all natural resource areas analyzed.” This PEIR was prepared in compliance with State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.).

The new state regulations require all applications for cannabis cultivation to demonstrate compliance with the California Environmental Quality Act, requiring either a site-specific analysis or a lead agency certified CEQA documentation. Applicants will be required to comply with specific conditions imposed by the State Water Resources Control Board and Department of Fish and Wildlife. They require tracking procedures for all inventory (down to the gram), including detailed product testing, storage, packaging, labeling and destruction laws.

In addition, the state regulations require all cultivation applications provide a plan detailing grow site dimensions, chemical use protocol, water source and storage, waste removal plan, inventory tracking procedures, quality control procedures, product storage and labeling, pest management plan and details regarding the method of compliance with applicable environmental requirements. All of this is then reviewed by the authorized state/local agencies to determine if they want that particular company to have a cannabis cultivation or nursery license.

The new California cannabis regulations are the strictest of existing agriculture regulations and laws written specifically to safeguard the environment by creating environmental protection measures and increased enforcement actions. Protecting our environment and citizens and contributing to the neighborhood quality is paramount to these new California cannabis regulations requiring tighter restrictions of noise, odor, light, crime, water access, waste, security and safety.

One last point, the community should demand information and transparency about who is behind this suit. Anonymous lawsuits that extract legal fees from the county is a gross waste of resources and is a classic abuse of CEQA from greedy lawyers.

As a community of leaders we must collectively embrace change while also actively participate in the development of smart, well-balanced regulations for this fast approaching new industry. A regulated market that takes all concerns into account is far better than an illicit market, and more importantly that places protecting our youth and the environment as a priority.

Jim Rey is a longtime resident of Half Moon Bay, a marketing professional, co-owner of the California Cannabis Cultivation Company and member of the Coastside Cannabis Coalition. Lauren Silberman is a longtime Montara resident, a freelance cannabis industry consultant and the co-founder of the Coastside Cannabis Coalition.