- Posted by Maria Belyi
- On April 13, 2017
- cannabis law, crescent city, cultivation, del norte county, dispensary, manufacturing, MMRSA, processing, Proposition 64, regulation
Del Norte County Takes a Vague Stance on Marijuana Dispensaries While Crescent City Makes Its Opposition to Any Cannabis Related Business Crystal Clear.
The County of Del Norte is located on the far northwest corner of the State of California and borders Humboldt County. On March 5, 2015, while the California Legislature was deciding on the State marijuana policy, supervisors from Del Norte County, along with supervisors from Humboldt, Mendocino, Lake, Trinity, and Sonoma Counties gathered “to develop a regional and unified position statement to help shape state legislation in order to influence cannabis policy and potential legalization with appropriate local control.” This statement proclaimed the counties’ desire to the state legislature to maintain local control over regulations and taxation, and highlighted the need for the state to regulate the environmental impact and to assist the counties economically.
Despite this proactive action by the Del Norte County Supervisors in 2015, they have not implemented any coherent policy regarding regulation of cannabis cultivation, manufacturing, dispensaries, and deliveries after the passage of MMRSA or Proposition 64. The Del Norte County Code merely addresses its policy that a cannabis recommendation expires within one year and is not valid unless renewed (which is problematic, as it goes against case precedent), that cannabis in excess of the standards set forth in the CUA will be subject to forfeiture, and that the ordinance does not affect the rights or responsibilities of persons covered by Health and Safety Code section 11362.795, which addresses persons who are on probation, parole, or released on bail.
Despite the vague structure of the policy, the county of Del Norte has not yet codified express limitations regarding cannabis businesses such as restricting the amount of dispensaries or prohibiting cultivation, manufacturing, and processing. However, the absence of such language does not mean such activity is permissible.
On the opposite end of the spectrum, Crescent City, the county’s only incorporated city, makes its view very clear: it explicitly prohibits marijuana processing, delivery services, dispensaries, and cultivation within its city limits. Violation of the ordinance exposes the violator to prosecution of misdemeanor charges.
If you are considering conducting cannabis business in Del Norte County, or elsewhere within the State of California, please contact CannaBusinessLaw for expert assistance in compliance with Cannabis licensing, permitting and the application process.