Advocates and cultivators say local control is key
Although the recent adult-use measure for the legalization of marijuana may not be a sure thing, one thing that is certain is Californians can now vote on it. On Tuesday, June 28, with the supporters of the initiative raising over $3.53 million — over 30 times what the opposition raised — the Adult Use of Marijuana Act (AUMA) officially made the November ballot.
If passed, the AUMA initiative would allow people 21 and over to possess, transport or give away an ounce of marijuana (aka, cannabis), and grow up to six plants at home for personal use. Cities and counties would be allowed to ban any type of cannabis business and to prohibit outdoor but not indoor residential cultivation.
A 15 percent sales tax, in addition to existing sales taxes on all marijuana sales, would be put in place, plus additional taxes on commercial cultivation. In addition, local governments could impose taxes. Lastly, there is no set limit on the size of a commercial cannabis garden in the initiative.
Ruby Steinbrecher, advisor for the Sonoma County Growers Alliance, said she was concerned about the lack of limitations on cannabis cultivation. By a virtue of market forces, Steinbrecher said a large company with money could come into the industry and create products at a lower price, driving out small cannabis farmers.
“I would love to see recreational (cannabis legalization) happen, but there has to be provisions so that it protects the existing economy, protects local growers and there is some limit to how big your cultivation can be,” Steinbrecher said.
If the state won’t control the limitations, the county should, she said. Trying to get as many local counties to agree on limitations and have some sort of continuity on regulations is key. Transportation of cannabis between counties, what new licensing looks like under new laws and having consistency is important, Steinbrecher said —and county leaders should get on board.
“There are all sorts of interesting ways that the local municipalities can set conditions so that large corporations are not capitalizing on the industry and the money stays in the county,” Steinbrecher said.
Patrick King, owner of Cloverdale’s Soil King Garden Center and a leader in the medicinal cannabis movement, said he is all for people in the cannabis industry not living in fear anymore and supports the initiative moving forward. King said he hopes the legislation can get the language right in the bill protecting the small cannabis farmer, or at least have it open so that it can be amended later.
“Regulation is a necessity and taxation is a necessity for this industry to ever be honest or respected like any other industry out there,” King said. “The black market needs to stop. We need to stand together and unite and bring it to light. If we do nothing, we get nothing.”
Sebastopol small farmer Marcos Morales is a cannabis cultivator who distributes products throughout California. His company, Legion of Bloom, has been cultivating cannabis in Sonoma County for the last six years and providing cannabis-based products throughout California for 10.
Morales said that even in a county like Sonoma — which is cannabis friendly in comparison to Florida, where he’s originally from — the legitimacy of cannabis companies are still questioned. Even while providing cannabis products to dispensaries under the Medical Marijuana Regulation and Safety Act (MMRSA), companies can only get so big or professional before law enforcement takes notice, he said.
“I invite the AUMA initiative — we need it,” Morales said. “Now, how we do it will define the future.”
Morales said he’s happy that the initiative is now on the ballot but worries that the money made from legalization will not stay local and is concerned that it will not protect the small farmer.
“If we allow big companies to come in and take over the industry, a lot of the taxes won’t even stay in the county. Even if the county is able to tax a little here and there,” Morales said. “There are cannabis companies all over Sonoma County, they live in the county, they buy property here, they pay taxes here and I think the government, the people and the economy would benefit a whole lot more if we were able to keep the money and the market of cannabis in the county.”
With counties like Sonoma, Mendocino and Humboldt producing most of the country’s cannabis, Morales said the more local control, the better, similar to the wine industry in Sonoma County, with people visiting small boutique wineries,
Morales said the cannabis industry would also foster the region’s economy.
“These areas are some of the best for cannabis in the world,” he said. “We’re in a position right now for Sonoma County to be one of the primary producers out of three counties in the world known for weed. If we can have it where there is wine country and weed country, where there are wineries and weederies — I think it would be best for the economy and the people.”
As an activist in the medical cannabis reform movement for over 25 years, and serving as the Director of Operations for Harborside Health Center, the largest nonprofit medical cannabis dispensary in the nation, Andrew DeAngelo has been on the front lines of cannabis culture.
Well-versed in cannabis legislation, DeAngelo said he doesn’t think regulation will allow for oversized cannabis farms. If AUMA passes, he said he is fairly positive the legislature will insert licensing somewhat similar to MMRSA, which only allows up to four acres of cannabis cultivation.
“There is no way any municipality in this state will want a 1,000-acre pot farm in their county or in their jurisdiction,” DeAngelo said. “It’s just not going to happen.”
DeAngelo said if AUMA passes, small cannabis farmers would have to get innovative and adapt in order to be a part of the new market.
“They might not be able to own their own little farm, they may have to work for a bigger farm, they might have to form a small farm co-op or myriad of other adjustments,” he said.
There is nothing in the law stopping small farmers from creating cannabis co-ops, DeAngelo said. With many in the cannabis industry on the fence or even opposing legalization in general, DeAngelo said he hopes the AUMA dialogue will change for those in the cannabis community.
“I’m thrilled it’s on the ballot. Is it perfect? No. But it’s a strong initiative and it pushes our issue forward,” DeAngelo said. “When something’s not on the ballot yet, it’s easier to conceptually oppose it. Once it’s on the ballot, your choice becomes clear. You either want people to go to prison for pot, or you don’t.”
Just like Washington and Colorado, regulators will not get it right the first time and nor should the state expect them to, DeAngelo said. There is a cultural gap that will not be closed overnight, but he is hopeful that lawmakers will come around to the cannabis industry over time and regulations will be reformed to address concerns moving closer to a free-market solution.
“We’re talking about a stakeholder group that is much different than our community,” he said. “Long term, we will solve the problem. Short term, we have to see if this passes, people have to vote and we have to work together. If we stay connected to each other in a good way, I think we can do this.”
