California: Wood Bill Seeks 'Greener' Marijuana

Jacob Redmond

Well-Known Member
Following another year of drying tributaries and prolonged drought, the North Coast's freshman 2nd District Assemblyman Jim Wood (D-Healdsburg) introduced a bill this month that calls for uniform environmental regulations and permitting requirements for medical cannabis.

Assembly Bill 243, known as the Marijuana Watershed Protection Act, would "require indoor and outdoor medical marijuana cultivation to be conducted in accordance with state and local laws and best practices related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters."

"This bill would require state agencies to address environmental impacts of medical marijuana cultivation and coordinate with cities and counties and their law enforcement agencies in enforcement efforts," the bill's brief language reads. "This bill would require each regional board to address discharges of waste resulting from medical marijuana cultivation and associated activities."

Although medical cannabis was legalized under the Compassionate Use Act of 1996 - also known as Proposition 215 - Wood said that there have been very few steps taken by the state in addressing some of the environmental problems that have arisen, such as illegal water diversions, illegal grading, waste runoff and improper use of pesticides.

"Right now there really isn't any permitting of any significance," Wood said. "That's one of the things that has been missing in the whole conversation. There are no permits for wastewater discharge. Some people are operating without permits for the water they're using."

Wood said the bill would be a way of permanently implementing efforts made in a statewide pilot project, which Gov. Jerry Brown approved funding for last year, to address the environmental impacts of medical marijuana in Northern California, specifically in the North Coast Regional Water Quality Control Board's jurisdiction. As part of this, Brown funded 18 positions in the state's 2014-2015 fiscal year budget between the water board and the Department of Fish and Wildlife to crack down on illegal, environmentally-harmful marijuana grows.

The bill does not seek to eradicate medical marijuana grows, Wood said, nor authorize, permit or approve medical marijuana cultivation. Instead, he said the bill would be a way to educate growers as well as allow the state to work with local agencies to address specific issues.

"I think some of that can be accomplished through education," Wood said. "I believe there are good farmers out there who are really doing things the best they know how, but I think there are things we can improve upon."

A study by the state Department of Fish and Wildlife last year examined flow rates and the number of medical marijuana grows in three Humboldt County watersheds – Salmon Creek and northern and southern Redwood Creek – and Outlet Creek in Mendocino County from 2009 to 2012. The study showed that over the four year period, grow operations increased from 70 to 100 percent depending on the area, with Humboldt County watershed data showing that the water demand for these grows exceeded the low flow estimates in both Salmon Creek and the southern Redwood Creek by nearly 250 percent. For upper Redwood Creek, it was 23 percent.

At the end of January, state and local agencies inspected 14 private property sites with active marijuana grows along Sproul Creek, which is home to five endangered salmonid species including one of the most important populations of coho salmon in the Eel River watershed. Sproul Creek went dry last year for the first time in many years, which the agencies attributed to being a result of water diversions for marijuana cultivation combined with the ongoing drought conditions. Agencies were concerned about potentially significant pollutants entering the watershed from sediments, pesticides, fertilizers and other contaminants that, when not properly regulated or monitored, degrade the environment and threaten native plants and wildlife.

Regulations on the use of rodenticides – which have led to the deaths of wildlife such as the endangered Pacific fisher – are also mentioned in the bill. The state Department of Pesticide Regulation approved a ban on most stores selling rodenticides to the general public. The ban took effect on July 1.

Wood said the current language of the bill is short and is left open for changes.

"The initial language is fairly brief," he said. "As time goes on I expect this will be amended many times by addition as we continue to work with different groups. We'll see how far we get."

The bill is meant to encompass one small piece of the much larger cannabis picture looming over the state, with at least one recreational use measure likely to appear on the 2016 ballot.

"There is so much talk about what if recreational use is legalized, but we don't really have a regulatory scheme to speak of, even for medicinal marijuana," Wood said. "My hope is if – and it's a big if – marijuana is legalized for recreational use, some of the frame work around the environmental practices like water diversion, pesticides, herbicides could carry through to the new tomorrow, whatever that looks like in a post election scheme."

Introduced on Feb. 6, AB 243 won't be the only marijuana-related legislation this year, Wood said. Wood said he currently knows of three others that have been introduced, or are in the works.

Wood said that many of these bills may merge to encompass larger issues surrounding medical cannabis, but he will only merge his bill "if and when the needs of our very unique North Coast area have been looked at."

"I'm more than happy to work with the authors. For me, it's about not forgetting about the North Coast and not forgetting about the environmental part of it," Wood said.

The North Coast's other freshman legislator, state Sen. Mike McGuire (D-Healdsburg) has previously announced his plans to introduce a piece of legislation called the "Public Safety Enforcement Protection Act of 2015," which would establish a regulatory framework to prepare for recreational marijuana use in the state, addressing taxation, land use, environmental protection, public safety and revenue sharing with local jurisdictions.

The Rural Counties Representatives of California (RCRC) gave its support to Wood's bill, with RCRC Chairman Lee Adams applauding the introduction of the bill.

"The effects of marijuana cultivation upon California's rural counties are growing at a rapid pace, and if not managed appropriately, the environmental impacts can be devastating," Lee said in a statement.

Humboldt County 1st District Supervisor Rex Bohn, who serves as the Region 1 representative on the RCRC Executive Committee, said the organization's Wednesday meeting in Sacramento had a long discussion on Wood's legislation, as well as the many others anticipated to be introduced this year. While stating that this type of legislation should have been introduced over 10 years ago, Bohn commended Wood for bringing it forward so quickly into his term as well as gathering the input from the North Coast communities.

"In both the northern counties and eastern counties, we are all suffering from the marijuana grows," Bohn said. "AB 243, which Jim Wood has introduced, puts another tool in the tool belt to go out there and regulate these grows and all agriculture."

The Humboldt County Board of Supervisors has already passed two local ordinances regulating indoor medical marijuana grows as well as grows on parcels less than 5 acres. The board is set to consider an ordinance regulating medical marijuana dispensaries and collectives in the near future, with a large parcel ordinance following.

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