Deadline for Intent to Cultivate Is Monday!

Attorney Ed Denson sent us this information:

CaptureThe deadline for filing a Notice of Intent to Cultivate (NOI) is next Monday. Lots of folks appear confused about this, but the form is really quite simple.

To help out, Sean Knight and I have teamed up to offer a free filing service. Just show up at Sean’s office in the Solar Suites (Dave Katz’s building across the street from KMUD [in Redway]) with your address and parcel number.

Sean’s got the forms, you fill yours out, give it to him, he scans it and emails it to the Water Board. Bingo you’ve beat the deadline. [N]ow you can start thinking about the county forms which have a much more distant deadline (like July).

Don’t know the parcel number? Sean can look it up on-line most likely. All part of the free service.

Confused about whether you are Tier 1, Tier 2, or Tier 3? We have printed out the definitions of those tiers from the Water Board’s Order.

If you’re still confused, I am giving a free workshop on the NOI forms on Saturday after my KMUD show. It will be at 12:30 at Sean Knight’s office in the Solar Suites. Don’t worry about finding it, just follow the crowd.

If you’re going to be legal, filling out and filing this form is the essential first step. It could be the start of the longest journey. Take it.

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44 comments

  • Hilarious. Why don’t u ask arround and see how well this has worked out for other members of the community, who are now facing big fines for signing up..

    • I’d like to talk to anyone who has experienced this. I haven’t heard of anyone so far. My email is mskymkemp@gmail.com

      • The only problem I experienced is when the county came out to approve my 3 acre conversion they flagged my house that I built without a permit. I’m dealing with it and was my own fault for not doing it in the first place. Yes, it is extremely expensive and I chose to hire Manhard consulting to help me through the process. The county has allowed me 5 years to complete house permitting process and has been extremely fair and easy to deal with. Live and learn.

    • Prove it. This program is new, when would they have had an inspection? Also, you aren’t automatically fined, they give you time to clean up.

    • This is not a county form, it is the North Coast Regional Water Board, and the form does not require anyone to say that they have ever cultivated in the past. It says you intend to cultivate in the future. You will also need a county permit this year – at least in Humboldt – and you’ll need to get your water permits from Fish and Wildlife, which is a different permitting agency than the Regional Water Board. F&W has to do with where you get your water. RWB with what you put into other people’s water when you cultivate.F&W wants you not to take water needed for other people or other purposes (like wildlife). RWB wants to prevent sedimentation an pollution.

    • Making it up as you go?

  • All of this,in spite of the fact that it is still a federal crime. I am so sure.

    • The State of California is now opening a Bureau of Medical Marijuana Regulation. The Federal government is taking a handsoff approach in Colarado, Washington and Oregon and they all allow recreational marijuana use. I think that the world is changing.

      • Kym- With all respect I must point out that the federal stance is a policy of the current administration and is not set in law. That means the next President can easily change that policy…

        • Absolutely true. However, there are already four states with legal recreational marijuana and 11 more thinking about it this year. Twenty something states already have medical marijuana.

          While the president could change the course the country is headed……it seems unlikely at best.

  • This registration deadline confusing. I’ve been to meetings and this deadline has been part of the discussion. Water Board says to get your paperwork filled and sent by Feb. 15. A third-party certification representative says not be stressed about the Feb. 15 deadline to file as there is plenty of time and this may just be a tactic by the State to get their coffers built early and there is much more time to comply and file.
    If you attend, can you please ask for clarification?

    • Until you are cultivating, you dont need to enroll. If after the deadline you are directly contacted by the Water Board, that will set an enforceable deadline for you to enroll. I wouldn’t call it a tactic as much as a “gotta start somewhere date”. Its obvious on the majority of parcels if there is cultivation. And chances are there will be again. That will be the basis for them sending letters to property owners that have evidence of growing from google earth.

  • They allow only what they can profit from. Your Grandma can’t grow 2 plants in her garden unless she’s living on more than 5 acres and is going to sell it as a commercial cultivator.

  • Do you have to submit a check at the same time?

    • The Notice of Intent does not require any fee. It will not be the only form you file with the Regional water Board if you decide to follow through and cultivate and there may be fees for later forms to actually get the permit. There also may be fines for cultivating without the permit so this is a decision about being legal or taking risks.

  • Does this affect people with there own wells

  • Hmm….I have questions.
    1) I am in Mendocino, a county which has shown itself to be fairly hostile to growing. They even have a fee schedule for when they bust you which is quite an incentive for them to come after your garden! Wouldn’t filing this form put a bullseye on my scene?
    2) I understand that the Regional Water Board intends to require these permits for ALL cultivation soon- including tomatoes and fruit trees, etc. This is a significant act as it is the first time the state is insisting on a landowner to register their own water sources- well, spring,etc. I would be concerned that once I have acquiesced to the state having the right to regulate my own water source on my own land that I am legally giving up my rights to that water! I understand the need to regulate major industries and waterways but this is different! If I refuse to acquiesce to this questionable demand won’t I have a firmer legal footing to resist the state’s water grab at a later time?
    3) My specific cultivation information will be held by a state agency staffed by incompetents. I do not expect my information to be held confidentially and therefore law enforcement and rip-offs will have access. Is this really a good idea?
    4) The sheriff never bothered busting full-on grow scenes even when he drove right past them. Do I really think there will be any enforcement in this new regard? And if there’s no enforcement, what is my incentive for filing a paper that reveals everything about my livelihood, to be openly shared with whoever?

  • Babylon rising… Take a stand and a stance.

  • This is what the liberal community always votes for, big Goverment oversite. Only most local liberals hide behind drug profiteering and tax dodging.
    Not anymore suckers.

  • The form posted in this story is for the Cental Valley Regional Water Board program. Here is a link to the Notice of Intent for the North Coast Regional Water Board program:

    http://www.waterboards.ca.gov/northcoast/board_decisions/adopted_orders/pdf/2015/150728_Appendix%20A_Enrollment%20Form.pdf

    • It is important to note that filing of the Notice of Intent is not the final step involved in program enrollment. You also have to submit the associated fees AND a monitoring and reporting program. Generally, it is a good idea to have a qualified professional take a look at your site to confirm Tier status (within 30 days of NOI submission) and help you to develop your monitoring and reporting program (due within 180 days of NOI submission).

  • As I understand it, you must enroll by filling out the NOI (appendix A) AND the Monitoring and Reporting Program (appendix C) AND the fee. BTW, if you are Tier 3, it is 10,000$ annually until the problem is fixed, and if you plan on cultivating you also must enroll as Tier 2, so you will be paying the 2500 on top of that.

    It is true that for Tier 2 (which 90% of people will be) you will have 180 days to complete the Resource Protection Plan, which is the heart of the program. Thats where you address all erosion on the property, roads, watercourse crossings, water sources and storage, fertilizer and chemical use and storage, dirt and spoils management, plant and human waste, etc… All of this will need to be inventoried, mapped, and certified. Then you will need to report annually via the MRP and pay the annual fees.

  • Oh and word on the street is the forms are being revised and will be out some time next week.

  • Hocus pocus.

  • THIS IS ABSOLUTELY INSANE. So much of this business illegal, regardless of the growing itself- well, first of all transporting, vending to friends and fam who are not dispensaries, the lack of proper payroll, the complete lack of insurance for anything, building without permits, doing who knows what on land that is zoned for some completely different purpose, let’s not get into all of the accounting problems. It is really crazy to me, that the county is asking people who are clearly committing all sorts of crimes to step forward and identify themselves, esp. after the ziptie debacle in Mendo! I mean, really?!?! And then, on top of it all, you create deadlines which are way too soon! Can you give people time to scratch their heads and figure all of this out?!?! I want to also add that way back in December there seemed to be a scramble to establish a business entity to get “priority” state licensing. Lawyers charged amazing amounts of money (many many thousands of dollars) to create not for profits (jeezus) and LLCs for farmers but what’s happened with this priority licensing? Apparently it was all rumor? It is NOT right to scare farmers into following the rules. How about clarity, a little patience, transparency and guidance? That would be GREAT. I will also mention that this is a REALLY big deal! Transitioning from a life without bureaucratic red tape, money sucking ‘consultants’ lawyers and accountants and the tax man who is very soon to follow. Im not against taxes but we all know that growers are gonna be squeezed, tight. Long story short, can you give us a second to figure this out please?!?! Can you also explain what it will mean for growers legally, to sign up for this? Can we now claim this on state AND federal taxes? I’m guessing No.

    AND, I want to add, can the county consider offering some small business services in its rural areas to help people figure out how to transition into the legal world of quarterly statements, liabilities and tax withholdings? I mean, this is a brave new world we are being forced into here, can you help us out?

  • It is a year to hire( vote) new employees(elected officials) why not HIRE employees who will adhere to the EMPLOYERS & JOB CREATORS(the voters) wishes on how to achieve the desired effect.

    • BERNIE SANDERS is the only candidate to support the full legalization of Cannabis. We could have a “live one” here…check it out. af

      • Dude , sorry to burst your bubble but sanders is a clown, does he look like a president to you? Presidency isn’t left to the votes of peasants, wake up. There is far to much wealth (not worthless paper currency) at stake.
        If you believe that your vote counts than you most likely believe Osama brought the twin towers down,..
        Time to wake up bud!

  • A heads up for anything “medical” or “healthy”, not “approved” by the FDA.
    The FDA protecting the pharmaceutical industry. Man faces 48 years in prison & million dollar fines for making and selling a helpful salve made from apples & chickweed.
    Registering your mmj can be hazardous to your health.
    http://ronpaulinstitute.org/archives/featured-articles/2016/february/09/fda-wants-to-jail-sam-girod-for-48-years-for-making-salves-people-love/

  • Pingback: Intent to Cultivate Deadline, Part II – Redheaded Blackbelt

  • MENDOCINO: We had an honest, human sheriff here once: Tony Craver. We could “register” on his program, and we knew he would actually keep our identities safe from the Feds. When he retired to Colorado (!) he took those records with him…and honored his pledge to protect us.
    This is no longer the situation down here, and only a newbie fool would turn himself/herself into a program designed to feed the cops, bureaucrats and lawyers.
    Looking at Humboldt, I think the same thing is true except you don’t have a Tony Craver. Would I “turn myself in” to the program Humboldt’s Finest are selling? Nope. To me, this is one huge trap, set by the folks who profit by the job security it represents: the bureaucrats, and the cops. They’re all in cahoots. Think it over very carefully. af

  • Anna Ball is right.
    They county and the waterboard are simply jumping the gun, trying to get ahead of legalization in 2016, and no one can guarantee that feds will give up the fight on marijuana. If you watch a bit of television you will see in other states marijuana is nowhere near being looked at as medication, as a matter of fact it is not acceptable and highly illegal, and heavily persecuted.
    So the county and water board are trying to raise revenue and get their share, and they are using the department of fish and wildlife to help get the job done. And all in the name of the salmonoids.
    How on earth does it help the salmonoids in any form or shape giving these folks permit money? If heavy polluters are asked to pay an additional 1500 dollars, how exactly does that help the salmonoids? It’s simply a very effective way to grab landowners by their testis, an additional squeeze will let the dollars roll.
    But please explain to me how this helps the fish.
    So are you going to put your name down or not, either way the waterboard purchased a helicopter with our taxmoney to document parcels that are cultivating. You see its a communist style tactic applied right here in our state and county. 1983 is here now, lube up and prepare for the smelly dong to intrude!

  • The people should put law suites on the Board.Charging money isn’t helping the fish.There are lots of rules and regs.the BLM is stealing part of my land due to adjustment of lines.These agencies are walking all over the Constitution and laughing ha ha as we struggle to make money for their taxes and fees. There is mass pollution being over looked just to fuck with the growers.They are mad because because grow money isn’t taxed.Even if the grower paid tons of fees,you think that money goes to helping fish.STAND UP.You won’t go to jail.Find a good attorney to have on stand by.Have attorney’s look into the legalities of these permits,and how accurate are these testing.

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