Recommendations to Spokane Clean Air Agency

Similar documents
ANALYSIS OF DATA RELATED TO CANNABIS ODOR COMPLAINTS AND IMPACT OF PROPOSED CLEAN AIR REGULATIONS ON SMALL INDEPENDENT FARMERS OF SPOKANE COUNTY

Public Workshop Supervisorial District 5 April 17, 2017 Larch Clover Community Center

County of San Mateo. Inter-Departmental Correspondence. Department: COUNTY MANAGER File #: TMP-0716 Board Meeting Date: 7/11/2017

CITY OF BUCKLEY, WASHINGTON ORDINANCE NO

Benton County Planning Division

STAFF REPORT City of Lancaster NB 2

Re: Items and Cannabis Legalization

HISTORY. Development Services. Kelly A. Madding Director

Benton County Listening Tour

WHY SHOULD WE CARE WHAT IS HAPPENING IN CLACKAMAS COUNTY?

RE: Proliferation of Marijuana Grow Operations in Garfield County Regulation of Marijuana Personal Use, Medical Use, and Caregivers in Garfield County

Proposition 64 Adult Use Marijuana Act (AUMA) with Information on Medical Cannabis

Model. Medical Access to Marihuana first established on a case by case basis using exemptions

AGENDA SPECIAL MEETING OF THE CITY COUNCIL CITY OF BANNING BANNING, CALIFORNIA

Cannabis Land Use Ordinance Draft Environmental Impact Report Public Briefing

ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CENTRALIA AS FOLLOWS: Section 1

Legal Licensing and Compliance in the Commercial Cannabis Industry

Chapter CANNABIS* Definitions. For purposes of this chapter, the following definitions

CANNABIS IN YOUR COMMUNITY. A Presentation to CPAA Conference May 2017

Please note that this draft is incomplete and likely to change before and/or after City Planning Commission review.

DRAFT Medical Marijuana Zoning Ordinance For City Planning Commission 10/17/17 October 11, [Additions underlined, deletions in strikeout.

Agracan - LP. Palmerston Industrial Park Cannabis Cultivation Facility

ZONING COMPLIANCE REVIEW HEMP (ZCRH)

Industrial Hemp Registration Application Complete registrations are due by May 1 st, annually

CANNABIS. Working with local government and the cannabis industry to: Interactive Webinar Discussion on

MEDICAL MARIJUANA ORDINANCE

Guidance for Municipalities Regarding Marijuana for Adult Use January 2018

Municipal Guidance CONTACTING THE COMMISSION. 101 Federal Street, 13 th Floor Boston, MA Phone: (617) Fax: (617)

Section , M-1 Industrial District, shall be amended to add a new section D.11, reading as follows:

Marijuana Legalization: Issues and Questions for Municipalities Lincoln County Regional Planning Commission January 25, 2017

Attachment 1 ORDINANCE 562

MARIJUANA LEGALIZATION. INITIATIVE STATUTE.

M E M O R A N D U M. Members of the Castro Valley Municipal Advisory Council

WHAT NEIGHBORS WANT TO KNOW ABOUT RETAIL MARIJUANA. In Aurora

DRAFT County Registration Form Medical Cannabis Cultivation and Future Non-Medical Cannabis Cultivation and Related Operations

AMENDMENT 3 TO ORDER /19 FOR COUNCILOR BELINDA RAY RE: CHANGE TO ALLOWABLE SALES AT MARIJUANA RETAIL STORES.

TABLE OF CONTENTS MARIJUANA PRODUCTION, PROCESSING, WHOLESALING, AND RETAILING. (Adopted 01/11/2016) SECTION TITLE PAGE 11.

Recreational Marijuana in Clark County, Washington

MAY 17, 2016 CITY COUNCIL STUDY SESSION POLICY DISCUSSION ON MEDICAL CANNABIS CULTIVATION FACILITIES

New Article IX, of Chapter 22, Businesses, of the Sallisaw City Code is hereby established by enacting the following sections, to- wit:

EXHIBIT A. Sec Prohibition of Non-Medical Cannabis Commercial Activities

MEDICAL MARIJUANA IN INYO COUNTY AU G U S T 2 ND,

ORDINANCE NO

COUNTY OF SAN LUIS OBISPO

CITY OF SEATTLE CANNABIS LEGISLATION

Recreational Marijuana Town of Mammoth Lakes Proposed implementation of Prop 64 April 26, 2017

Final Report of the. (HB 151, Chapter 17:1, Laws of 2018) October 16, Membership. Rep. Peter W. Bixby, Clerk Rep. Howard Pearl.

Nevada s Marijuana Roots

Marijuana Concentrate Processing within EFU or AG/F Districts (February 2018)

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled

Page 1 of 5. Kriss Worthington. Honorable Mayor and Members of the City Council Councilmembers Kriss Worthington, Cheryl Davila, and Kate Harrison

SUPPLEMENTAL AGENDA MATERIAL for Supplemental Packet 2

Proposed Adult Use Recreational and Medical Marijuana Bylaw Changes

CITY OF BELLEVUE, WASHINGTON ORDINANCE NO B-1

AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION AND ADDING

Medical & Recreational Marijuana in Washington State North Dakota Association of Counties Conference October 9, 2017

M E M O R A N D U M. Board of Supervisors Transportation/Planning Committee

Inclusion of Craft Cannabis: Protecting BC s Economy

Marijuana items mean marijuana, marijuana products, and marijuana extracts.

Recommendations for Regulators Cannabis Operations

B.1 CANNABIS LAND USE ORDINANCE

Medical Cannabis Uses

DIRECTIVE January 13, 2010 D Revision DP&P Narcotics Medical Marijuana

PC RESOLUTION NO XX

SUBJECT: Cannabis legislation and implications for the City of Burlington

SENATE BILL No. 676 AMENDED IN SENATE APRIL 28, 2011 AMENDED IN SENATE MARCH 31, Introduced by Senator Leno.

3804: Medical and Retail Marijuana

Community Mitigation Recommendations DRAFT as of November 22, 2017

Land Use and Development Code Text Amendment. Board of County Commissioners - Staff Report Exhibits

With respect to rules promulgated under Article 28.8 of Title 39, the following terms have the following meanings:

ORDINANCE NO

Commonwealth of Massachusetts. Cannabis Industry Sub-Committee Meeting. November 3, 2017

ORDINANCE NO. Sumas Ordinance No. Prohibiting Marijuana Businesses (Draft )

Adult-use marijuana: Common questions answered


ADD THE FOLLOWING TO THE END OF SECTION 8 SPECIAL PROVISIONS - AS A NEW SECTION 8.11

Frequently Asked Questions about the Dee Johnson Clean Indoor Air Act

This Chapter shall be known as the Marijuana Use and Regulation Ordinance for the City of Palm Desert.

Public Workshop Industry Professional Outreach June 5, 2017 Robert J. Cabral Agricultural Center

Local Land Use Tools to Address Retail Marijuana( RMJ ) by Rachel Allen, staff attorney

Frequently Asked Questions about the Dee Johnson Clean Indoor Air Act

Guiding Cannabis Regulations in Canada

EXAMPLE OF STORE FRONT

What about off-duty marijuana consumption? Taxes & revenue Will cities get any revenue from the sale of marijuana?

ORDINANCE RECITALS

ADVERTISING - CALIFORNIA

Cannabis Law. June 29, 2018

MEMORANDUM INTRODUCTION. DATE: July 28, 2016; Revised August 3, 2016 TO:

ORDINANCE NO

EXTENSION OF URGENCY INTERIM ZONING ORDINANCE NO

MEMORANDUM. DATE: November 19, Senator Kohl-Welles. Kathleen Buchli, Counsel medical marijuana proposal

City of Santa Rosa Comprehensive Cannabis Ordinance & Program Implementation

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 2263

Response to Emergency Ordinance

OC DEVELOPMENT SERVICES REPORT

City of Calistoga Staff Report

ORDINANCE NO. WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law; and

Adopted May 3, 2011 by Apache County Board of Supervisors Draft for P & Z Commission December 2015

Canadian National Medical Marijuana Association (CNMMA)

Transcription:

CANNABIS FARMERS COUNCIL Recommendations to Spokane Clean Air Agency Crystal Oliver 5/23/2016 Recommendations to the Spokane Clean Air Agency regarding prevention & minimizing of offsite marijuana odors and development of a program to collect fees from cannabis production & processing businesses.

About the Council: Cannabis Farmer s Council is an unincorporated non-profit association dedicated to bringing the voices of cannabis farmers in Washington together to speak as one. The Cannabis Farmer s Council s is supported by some 300 cannabis farmers throughout the state. About the Author: Crystal Oliver owns and operates Washington s Finest Cannabis, a WSLCB licensed outdoor cannabis farm, located in Spokane County. She also serves as Executive Assistant for Washington NORML (National Organization for the Reform of Marijuana Laws) and presently sits on the Executive Board for the Cannabis Farmer s Council. She currently represents cannabis farmers on the Washington State Building Code Council s Cannabis Issues Technical Advisory Group as well as Spokane Clean Air s Marijuana Advisory Committee. Introduction: While the Cannabis Farmer s Council is grateful to have had representation on the Spokane Clean Air Marijuana Advisory Council and have the opportunity to provide our comments and recommendations there are a number of concerns and reservations we have about Spokane Clean Air s approach and we wish to formally share these concerns prior to presenting our recommendations. Concerns Related to Spokane Clean Air s Marijuana Advisory Council: Representation of Impact: We have concerns regarding Spokane Clean Air s representation of the data associated with odor complaints and the actual impact licensed cannabis farmers are having on their neighbors and the agency. In total 107 calls have been placed over the last two years to the agency, of those 21, or 19%, were NOT associated with a licensed business, and 54, that s 50%, were associated with a single licensee, Bang s Cannabis Company, who has several neighbors who morally object to marijuana and have identified Spokane Clean Air Agency as a responsive agency that can be effectively used as a tool to harass Bang s Cannabis Company. This leaves a total of 32 odor complaints associated with the legal cannabis industry over the past 2 years. In addition Spokane Clean Air Agency has responded to the complaints and been out to the Bang s property many times and confirmed offsite odor on only a single occasion (on this occasion the Bangs allowed the clean air agent to walk through the greenhouse & then afterward the agent believed they smelled the marijuana offsite, however the odor can cling to one s clothing so it s possible that was the case on this occasion.) Based on the actual data it seems to us that to state that the marijuana industry as a whole has heavily impacted the agency is an overstatement of the actual impact. Make-up of the Council: The makeup of the Marijuana Advisory Council is also concerning as members were hand selected and individuals who represent agencies who benefit from excessive regulations with accompanying fees and persons who morally object to cannabis legalization make up the majority of the members. Facilitation of the Council Meetings: The meetings have not adhered to Robert s Rules of Order and individuals who morally object to cannabis legalization, as well as individuals who represent agencies benefiting from fee collection have been provided greater opportunity to speak & present. This was especially true of the March 23 rd 2016 meeting where council members were invited to provide short presentations. Carl Caughran, representing the impacted public, was permitted to speak for more than the stated allotted time without interruption from the other council members while Crystal 1

Oliver, representing outdoor cannabis farmers, and Josh Zaretsky, representing greenhouse cannabis farmers, were repeatedly interrupted and not allowed to exceed the stated time allotment. The need for more in depth conversation was even acknowledged at the following meeting on April 27 th 2016, but only members representing Spokane Clean Air were permitted to present additional information. Misrepresentation of Fact by Council Members: On several occasions Carl Caughran, representing impacted public, has misrepresented facts to the council. At the first meeting he claimed to live next door to a 30,000 square foot cannabis facility, however his neighboring farm is only a tier two licensee, thus limited to 10,000 square feet and at the time of our first meeting had not built out to their full canopy capacity. Carl also asserted that his neighbors burned the chaff or stalks of their cannabis in their home s wood stove. This would be a violation of WSLCB rules governing disposal of waste as the WSLCB has not approved any licensee to utilize burning as a method of destruction and removal of waste from the secured access area is not permitted. This assertion was determined to be untrue after the WSLCB enforcement division reviewed 45 days of security camera footage from Bang s Cannabis Company and could not identify any time where this took place. Carl also brought in essence of skunk to demonstrate the impact and odor associated with cannabis cultivation, however skunk odor is an organic sulphor compound and its chemical make-up is significantly different than the essential oils and terpenes present in cannabis. Failure to Recognize Cannabis Cultivation as an Agricultural Activity: New crops and new opportunities do not often come to rural America. The failure to accurately recognize and treat cannabis like agriculture negatively impacts farmers in rural Washington who seek to supplement their farm s revenue via cannabis cultivation and encourages industrialization of cannabis production. 2

As requested at the last meeting held April 27 th 2016 we submit to you this information regarding odors & cannabis farming and processing. Activities that can result in odor on a cannabis farm: Flowering Cannabis; during the last couple weeks of flowering cannabis terpene aromas are more noticeable. (approx. 5-14 days) o Over 200 different terpenes have been found in cannabis and they occur in a diverse range of combinations, no one terpene is found in all cultivars of cannabis. Common terpene profiles include pinene (also found in pine trees), limonene (also found in lemon & citrus plants), linalool (also found in mint & cinnamon), geraniol (also found in geraniums & rose), and alpha bisabolol (also found in chamomile). o Indoor cannabis farmers often continuously have plants in the flowering stage. o Greenhouse cannabis farmers can, with enough investment in equipment and infrastructure (i.e. supplemental lighting, heating, & cooling), also continuously flower cannabis plants, however, most greenhouse cannabis farmers at this time have plants in flower 2-3 times a year; generally in May, July, & October. o Outdoor cannabis farmers generally flower once during the fall, however with the use of hoop houses and light deprivation covers, they can induce earlier flowering, increasing this to 2 times a year. With light deprivation flowering will typically occur in July & October. Harvesting Cannabis; when cannabis flowers have reached maturity they are cut from their stalks and fan leaves are removed. The flowers are then further trimmed and placed on racks to dry or they may be left on stems and hung to dry. o Depending on the number of plants to be harvested and number of employees assisting, harvesting can take hours, days or a couple weeks to complete. o The action of harvesting & handling the cannabis flowers releases essential oils and terpenes into the air, making the aroma of cannabis most noticeable at this stage in the process. Packaging Cannabis; once cannabis has dried & cured it may be further trimmed, separated from stems and weighed for packaging. While the terpene aroma is still present at this stage it is not as strong and would be unlikely to be noticeable offsite. Best Practices for odor prevention & mitigation: Indoor & Greenhouse Cannabis Farming: o Carbon Filtration, o Sealing, o Venting, o Ozone Treatment, Outdoor Cannabis Farming: o Vegetative Screening; Planting of other odiferous plants around cannabis cultivation site. 3

Recommendations by the Cannabis Farmer s Council: 1. Cannabis Farmers qualify for the agricultural exemption outlined in RCW 70.94.640; and no fee should be assessed on cannabis farms located on parcels greater than 5 acres, that are zoned as rural, forest, agricultural or mineral lands. 2. The Cannabis Farmer s Council does not support the assessment of any fees on cannabis farmers in general as we believe the actual impact of our businesses has been overstated to support collection of fees from our businesses by Spokane Clean Air Agency. 3. While we do not support the assessment of any fees on cannabis farms, we recognize that Spokane Clean Air Agency is highly interested in collecting them, that being said, we recommend that tier one production operations not qualifying for the agricultural exemption due to their location not be assessed a fee at all as the size of their operations (no more than 2,000 square feet) does not result in significant odor production which is supported by the lack of Spokane Clean Air odor complaints associated with tier one operations. This would also be more equitable as the sizes of their facilities are similar to collective gardens and home cultivations sites which will not be assessed a fee by Spokane Clean Air. 4. While we do not support the assessment of any fees on cannabis farms, we recognize that Spokane Clean Air Agency is highly interested in collecting them, that being said, we recommend that tier two and tier three operations not qualifying for the agricultural exemption due to their location be assessed different sized fees as a tier two operation of 10,000 square feet or less will have less impact than a tier three operation of 30,000 square feet. 5. Again, while we do not support the assessment of any fees on cannabis farms, we recognize that Spokane Clean Air Agency is highly interested in collecting them, that being said, we recommend that any fees assessed be consistent with fees assessed on similar businesses and align with fees associated with the least impactful existing business types regulated by Spokane Clean Air. (Other industries associated with 32 or fewer complaints over a 2 year period). 4

Other Comments: As this is a new industry and regulations developed now will inform state-wide and international regulations we believe it is important for regulators to consider the full impact of rules they impose. We as a group grow increasingly worried about the failure of policy makers to promote outdoor and greenhouse cultivation, both of which result in less energy consumption and waste and encourage the removal of carbon from the air and its return to the soil. Our state s governor has asked regulators to consider environmental impact in development of regulations and the forced industrialization of cannabis cultivation does not align with that mandate. We believe that opportunities for cannabis cultivation and participation in this industry by individuals living in rural Washington should be protected and promoted. Opportunities don t frequently come to rural Washington which is evidenced by our children s need to move away from our communities for work and the aging of our populations. The nascent cannabis industry has brought much-needed jobs back to rural Washington which should be protected. The impact over regulation has on small business owner s ability to participate in this market should also be considered. While many regulators and policymakers cite concerns regarding Big Marijuana as justification for strict and burdensome regulations the reality is that stringent regulations and policies often create additional barriers to entry for small business owners and do nothing to prevent or address issues associated with huge corporations. In addition small business owners are generally more connected to their communities; purchasing equipment and supplies locally from other small business owners and focusing on more than just profits. It would be very unfortunate for not just the entrepreneurs who entered this market but also the communities these businesses are based in if cottage cannabis cultivation was forced into extinction through over regulation & excessive fees. 5