[Stock image created by Kym Kemp]
In the course of a couple days, the tenuous relationship built between state officials and legal cannabis operators in Humboldt County has become strained. Personnel from the Department of Cannabis Control (DCC), California Department of Fish and Wildlife (CDFW) and the State Water Resources Control Board (SWRCB) have been performing no-notice inspections in Southern Humboldt County as early as last week.
Early last week we received information that legal cannabis cultivators in Benbow and Dean Creek were subjected to no-notice inspections. Frantic phone calls were initiated inquiring what prompted them, legal cultivators worried what the latest move may mean in the perilous process to “go legal”.
Licensed cannabis cultivators agree to inspections of cultivation sites and buildings used in cannabis production when they enter the regulated commercial cannabis industry, one of the scarier hurdles legacy cultivators agree to after decades of not trusting government officials. Although the state is legally allowed to conduct no-notice inspections based on code 17800-4(d) which states, “Prior notice of an inspection, investigation, review, or audit is not required,” many cultivators believe state officials have to give them at least a 24-hours notice before an inspection. Most local cultivators have previously been given notice of an inspection; the recent no-notice inspections have come as a shock to the cannabis community.
In 2018, the DCC, previously Cal Cannabis, notified cultivators of upcoming inspections both through broad announcements such as the one below, and with direct communication with cultivators prior to the inspections. At that time they stated,
We are notifying licensees through email or a phone call of their scheduled inspection date and four-hour appointment window.
Please note that, per Title 3 of the California Code of Regulations section 8501, we have the right to inspect your site any time between 8am and 5pm, Monday through Friday. Although not required, we are providing advance notice of our visits as a courtesy. Future inspections may not be announced. Failure to allow access for an inspection is a serious violation, with fines ranging from $1,001 to $5,000 per incident.
In addition to the surprise element of the inspections, the number of state officials and scope of their inspections have many in the community questioning
whether these are inspection visits or enforcement operations. KMUD News Director, Lauren Schmitt was able to confirm with one of the CDFW agents performing inspections, that he was in fact, armed.
We spoke with a licensed cultivator on Elk Ridge Road in the Redwood Creek watershed who received a call first thing yesterday morning from state personnel informing the cultivator that they were at the gate to the resident’s property.
The cultivator was dismayed and fearful though they knew that their farm was in compliance with state regulations. The cultivator arrived to find five vehicles at their gate, with officials telling the cultivator that they had to give permission for the SWRCB and DCC agents to come on the property. The cultivator complied although concerned as this inspections felt reminiscent of a raid compared to the much less invasive two inspections they had had already just this year, the last being just three weeks ago.
The presence of a CDFW agent in full gear also concerned the resident, a legacy farmer who has lived in the Emerald Triangle throughout the War on Drugs era that pitted law enforcement against cannabis cultivators. The cultivator, although a legal cannabis cultivation license holder, chose to remain anonymous for fear that speaking with the media may result in harassment from state officials.
The cultivator said that although they could show that they had no violations on their site and were not engaged in any water theft or diversion, it felt to them that the officials “were trying to catch us doing something wrong.”
Notably, the cultivator said that three weeks ago during a routine visit, the inspectors had marked water levels on the site’s water storage tanks. During yesterday’s visit, officials compared those marks against the current water levels, presumably to make sure the water levels had not risen as cultivators are not allowed to divert water this time of year. Additional water levels marks were made to the storage tanks with an ominous, “expect a call,” from the DCC official.
Water levels in Redwood Creek seems to be the impetus for these inspections. We reached out to the DCC asking why local cultivators were receiving no-notice inspections. The DCC responded to our questions with a statement written by the Deputy Director of Public Affairs, Maria Luisa Cesar:
In partnership with the California Department of Fish and Wildlife (CDFW) and the State Water Resources Control Board, DCC staff conducted compliance inspections on Aug. 24th and Aug. 25th. While these inspections did not include notice to licensees, our intent is to work with cultivators in the area to identify opportunities for water conservation methods and conduct routine compliance checks.
These followed the cannabis technical assistance workshop and community presentation on the Redwood Creek Watershed on Aug. 18, 2022 hosted by the CDFW, DCC, and the State Water Resources Control Board. The technical assistance workshop offered cannabis cultivators, consultants, nonprofits, and local tribes an opportunity to speak to cannabis regulatory agencies about projects, request technical assistance, and learn about CDFW’s cannabis grant program opportunities to assist cultivators in pursuing sustainable cultivation practices.
The Redwood Creek watershed is home to many threatened and endangered species and is, unfortunately, experiencing severe drought conditions. Many aquatic species in this watershed need cold clear water in the late summer months for survival. Compliance with state laws is more important than ever to protect our natural resources and we are working proactively with licensees to help ensure that outcome. We are grateful for licensees who see compliance as a shared goal toward protecting natural habitats and are working cooperatively with our inspection teams.
However, many believe that licensed cultivators are being unfairly targeted for the decreased flows in Redwood Creek when other agricultural operations within the Redwood Creek watershed are also not privy to no-notice, armed inspections. Additionally, there does not appear to be any efforts to determine if illegal cultivation sites are pulling water from Redwood Creek, a move that feels punitive to some licensed cannabis cultivators that have to adhere to strict regulations regarding water diversion and storage.
A cannabis cultivator we spoke to said this move by state officials makes them believe that they would be better off if they had chosen to remain in the traditional cannabis market.
Others spoke of growing mistrust after stepping out of the green closet, one saying, “I’m frustrated and sad for the people [including myself] that have gone through all of [the hoops and fees] to be treated like this.”
For many, this feels like an insult to the efforts they have made towards building relationships with state officials, unburying deep-seated mistrust of state officials planted in the decades long War on Drugs that witnessed family homes raided in early-morning hours by armed law-enforcement; Livelihoods were destroyed, properties seized, and cultivators were imprisoned. With the passage of legalized cannabis in California, many hoped to end the trauma perpetuated during the War on Drugs, choosing to become license cultivators to spare their children the same traumatizing experience they endured themselves growing up in the Emerald Triangle.
Reminiscent of days past, one cultivator in an interview with KMUD News, said that she left her home early in the morning to avoid any possible visit from the state officials. Although she would be required to return or face hefty fines, old habits and fears die hard. It was common practice by many cultivators, pre-legalization, to leave their homes for the day if marijuana eradication efforts were focused in their area.
Phone trees are actively buzzing with the whereabouts of the convoy of state officials, gates are being locked and cultivators are making themselves scarce as the feelings of being targeted churn in the soured bellies of a community already facing financial hardships due to the economic collapse of the cannabis industry.
As the no-notice inspections continue in Southern Humboldt, frustrations and distrust of state officials grow among the licensed cannabis cultivators. As one cultivator said, “We are legal and we’re vulnerable.”
Earlier: Convoy Headed Up Perry Meadow West of Redway
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