Casey O’Neill of HappyDay Farms Lays Out His Concerns About Mendocino County’s Cannabis Cultivator’s Ability to Get Annual Licenses in Letter to the Editor

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Casey O’Neill and his partner

Casey O’Neill and his partner [Image from HappyDay Farms]

Casey O’Neill of HappyDay Farms is concerned about Cannabis

Folks have mentioned to me that they’ve noticed I’ve been quiet on the cannabis front for the last few months. We saw a huge uptick in vegetable sales this spring, and the process of expanding our production to match has taken every bit of energy we possess. This is the first time since 2014 that I’ve been on my farm full time and that feels glorious.

       What doesn’t feel so glorious is the confusion and conundrums surrounding cannabis right now. The snafu of CDFW (California Department of Fish and Wildlife) delays on sensitive species and habitat reviews (SSHR), CEQA (California Environmental Quality Act), and land-use regulations has created a very real problem for the future of regulated cultivation in Mendocino County. I would like to offer some thoughts in regards to the various commentaries that have been floating around of late.

      The County has worked with the California Department of Food and Agriculture to draft a checklist called “Appendix G” that would suffice for CEQA for some cultivators. This should be utilized wherever possible. For those businesses that are in process but cannot utilize Appendix G because of specific conditions on their parcels, the County should develop a streamlined land-use permit. For future new businesses, the county should continue its effort to develop a full land-use permit process.

       I want to be clear that I am not taking a position around the question of expansion of cultivation size. I will say, however, that my farm would not pursue a permit above 10,000 square feet regardless of whether it were available.

      It is important to point out the remaining stigma that exists around cannabis cultivation as indicated in recent opinions pieces in local publications. Cannabis is regulated in Mendocino County to not exceed a quarter acre (10,00 sq ft.) of flowering canopy. For all the talk of “big growers”, a quarter acre of production does not make a large farm in the eyes of agriculturalists.

       And for all the hue and cry about big growers, the permitting system is the most rigorous of anything that exists in agriculture. California issues licenses to cultivators based on a great many criteria including water usage, permitting from various state agencies and permission from the local jurisdiction in which the farm is located. There is a dual licensing system that requires cultivators to apply for both state and local licensure.

       There are large-scale unregulated operations that can have significant negative effects on the environment and the community. We’ve seen these types of operations face enforcement actions in Covelo this summer. Egregious environmental crimes are never acceptable.

       The most important issue in local cannabis at this time is not expansion, it is the question of whether cultivators will be able to transition to State Annual licenses when the State Provisional licenses expire at the end of next year. Aside from their local permit application, most cultivators with state licenses in Mendocino County are operating under a Provisional license, which means that in the eyes of the California Department of Food and Agriculture we have not met our obligations under CEQA. We must do so in order to receive full Annual Licenses that are renewed each year for as long as we choose to continue in business. The deadline to get an Annual State License is January 2022. We cannot get Annual State Licenses without having the SSHR and other site-specific CEQA review.

       I believe that county policymakers recognize that the priority must be to work with staff to help craft a way to completion of state annual licenses for the cohort of cultivators who are already in process. Those who wish to expand and those who wish to begin new cultivation must take a backseat to maintaining the current licensees.  The businesses that are in process already are creating jobs and contributing significant tax revenue to the county at a time when budgets are in the red because of the pandemic.

       My personal standpoint is that a streamlined land-use process that satisfies CEQA — whether through the Appendix G process between the County and CDFA [click here] or through issuance of a land-use permit — would be ideal. There is a problem of timeline, in which either of these options could take longer than the “provisionals” are in effect, forcing some businesses to close. The other problem is that CDFA has based the Appendix G on our current ordinance. Significant changes to the current ordinance have the potential to jeopardize the Appendix G process, although there is not clarity as of yet as to how effective this process might be. Until these problems are solved, we won’t be able to stay in business unless the state extends the existing provisional licenses, which at this point, they say they won’t do.

       In short, the regulatory morass is real and will require some time to sort out. The rising note of concern from community members about cannabis is real, but should also be tempered by the reality that ending Prohibition is not easy and that this is perhaps the most complicated policy issue that the county will grapple with in this decade. More information on these issues can be found in the memos submitted by the Mendocino Cannabis Alliance (linked here). In the interest of full transparency, I serve on the policy committee of MCA, though my opinions in this letter are solely my own.

           I’m frightened by the prospect of having to shutter my cannabis business. I’m concerned about the future of regulated cannabis in the state of California. I’m saddened by the public discourse that I see. I hope for better from all of us.

Thank you for your time and consideration,

Casey O’Neill

HappyDay Farms

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37 Comments
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Ben Round
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Ben Round
3 years ago

Thanks Casey for injecting an important reality check into the conversation. Farms that are working hard (some for nearly 4 years now!) to abide the many agency requirements and get ‘legal’, deserve the respect of clear methods that will bring an end to this very challenging process!

P*** W***lies
Guest
P*** W***lies
3 years ago
Reply to  Ben Round

You get what you paid for.

The opportunity to keep jumping through higher and more expensive hoops

That’s Pay to play, on a treadmill laid out by statisticians who have calibrated the squeeze to water boarding drip torture.

Sugar and acid based diet grows cancer.

Government is more akin to a metastatic cancer growth in our lives .

NorCalNative
Guest
3 years ago
Reply to  Jesus, Chris

The issue is with isolated or pure CBD and Cytochrome P450. Large doses of CBD can impair liver function and is problematic when using blood thinners.

The article implies that stoner THC is the problem when it’s primarily pharmaceutical-grade. i.e., single molecule CBD.

Whole plant CBD with the associated cannabinoids, terpenes, and flavinoids allows for smaller dosing with increased efficacy.

And if the article was factual, stoners would be dropping like flies.

BTW, CNN is most def a weed propaganda channel. Scary Monsters!

Jesus, Chris
Guest
Jesus, Chris
3 years ago
Reply to  NorCalNative

We will see the long term effects of Marijuana Addiction, in 20 years or so…

Colloquial opinion doesn’t really equal scientific study, whatever your point of view…

If you want to show your work, do a study! I don’t really trust the ideas of intoxicated people, after all…

The difference between poison and medicine is the dose!
Guest
The difference between poison and medicine is the dose!
3 years ago
Reply to  Jesus, Chris

Cannabis has been used for hundreds to thousands of years and you’re talking about effects in 20 years. I personally know,(a bakers dozen ), of people from all walks of life who have been regular to heavy consumers of cannabis for over 40 years, and are healthy vibrant happy people with less age issues than the rest of their demographic.
I believe it is much safer than medical grade mercury or lithium!
As for addiction. Some people have addictive personalities. Need your coffee in the morning, or do want a cup of coffee in the morning.

Me
Guest
Me
3 years ago
Reply to  Ben Round

I don’t know what exactly everyone is talking about. Our farm is/was licensed and compliant with the county and state of California and it didn’t matter. After the pg&e wildfires, then came the robbers, then came the sheriffs and deputies who decided to take it upon themselves to destroy Everything! They never checked calcannabis to confirm that our licenses (2) were up to date, etc.
So now you can all check out our case filed with the federal court 4:20-cv-07013-DMR
What was going legal for if this is what we can expect year after year!
They did it to us in 2017,and again to the day in 2018! Its time to take a stand! We worked too hard and spent too much time and money on getting legal for this!?!
No way!
And to you, sergeant Mike Dygert, we will have our day in court. That’s what he said to us on the phone.
Thank you for your time. Sincerely
Skunkworx pharms llc, now defunct
PS we have since surrendered our hard earned licenses.
The county has completely FAILED!

Me
Guest
Me
3 years ago

Yeah man , isn’t insane government oversight and regulation totally rad? It’s like we should keep electing democrats that tax the shit out of us and make doing business almost impossible!!!

Bryan
Guest
Bryan
3 years ago
Reply to  Me

Ahh, instead elect republicans to give tax cuts to the mega corporate farms instead?

– both parties are corrupt, choosing a side and arguing with each other is what the man wants.
Wake up, be kind to each other and unite – rage against the machine!

Seth
Guest
Seth
3 years ago
Reply to  Bryan

100

Maybe,Maybe Not
Guest
Maybe,Maybe Not
3 years ago

Casey O’Neill was featured as part of a recent CBS episode of 60 Minutes titled:

“How red tape and black market weed are buzzkills for California’s legal marijuana industry”

Casey first appears after 4+ minutes and several times thereafter in this 13 minute video.

https://www.cbsnews.com/news/marijuana-in-california-black-market-weed-buzzkills-for-california-legal-weed-industry-60-minutes-2020-08-02/

Lord Gavin
Guest
Lord Gavin
3 years ago

“I’m frightened by the prospect of having to shutter my cannabis business.”

Don’t worry, bro.. selling drugs is essential!

Faro
Guest
Faro
3 years ago

It was all part of the plan from the beginning to make sure the big boys in the valleys down south got their permits and most of the farmers up north got shut out. Good luck though Casey, hopefully you guys have enough political capital to make sure Nor-cal farmers get their piece of the pie.

Kate Cook
Guest
Kate Cook
3 years ago
Reply to  Faro

Can we get rid of the greenhouses so it’s less obnoxious to live near a grow? Let’s go back to outdoor pot!
And I agree about both parties being corrupt. The Rep[edit] are not making cannabis cultivation legal at the national level when they certainly could. They’d rather put you in jail and confiscate your property. Democrat$ and Rep[edit] are both in the pockets of mega Corporation$. Follow the $$$. You don’t have it. And they don’t want you to.

SmallFry
Guest
SmallFry
3 years ago
Reply to  Kate Cook

No, I am not getting rid of my green house, it is absolutely essential to me. There may be setbacks and and some sort of size/ visual limitations in order, Having a reasonably sized green house or a small reasonable number of them is not the problem. It’s an over presumption to judge that “every” green house is “bad”. If you don’t want a green house.. don’t use one…

Thisguy
Guest
Thisguy
3 years ago
Reply to  SmallFry

I have 19 greenhouses that have been put behind my kitchen window within past 6 months, 2 tuff sheds which folks live in, all within 75ft of my property line, a whole encampment. County code enforcerment said they can’t do anything because they have a permit “under review” even though they acknowledged it’s illegal and is against code. He said something along the lines of 1100 permits under review or some crap. They can’t even deal with CEQA because the county doesn’t have it together. Mind you, these “growers” failed last 2 years and left 10 greenhouses blowing in the wind on my south parcel line. When your community, property value, and safety has dropped as much as ours had, you’d have a different opinion I’d imagine. Quick question – If it’s all great and glorious how come so many “growers” live in trailers and have a portages-pottie as their home bathroom? Real successful and rewarding.
FYI -you don’t need a permit to grow in Mendo, even if they get complaints they say their hands are tied. Building and Planning controlling AG industry. Even though everything is built against the ordinance, they say they can’t even measure to the parcel line. County officials personally told me, “Most of these guys aren’t good business people, just hope they are gone in 2 years.” Thats from the top. So my life is turned upside down with a dope grow and illegal housing, and the counties advice is to hope they fail.

SmallFry
Guest
SmallFry
3 years ago
Reply to  Thisguy

Yeah, that doesn’t sound pleasant. But it wouldn’t change my mind much. 19 green houses? Yeah, that’s a bit excessive. At least for the place it’s in.. It would not be very pleasant to have that as a neighbor if it was legal or not. Actually I think people who are running the Original people’s market might be more mindful of your experience.

There is a big difference between having a small family, and a few friends, maybe a few workers in and out, living on the land with less of an impact, then a mega scene that must have a large number of people.

That stands for greenhouses in my mind as well. Not ALL green houses are bad, Better placed, out of the view shed, and not on a huge scale. A reasonable amount of green house space is palatable. I would say the problem is mega scenes to begin with. Often they are just not on par with the environment they are in here. Big Ag Has NEVER been a good fit for the triangle. I hope for your sake they are gone in two years as well!

I think part of the imbalance is, the Rules and regs, are so hyper complicated and unreasonable, that it burns a lot of energy on enforcement of petty rules, instead of streamlining the process so that the worse players can be held to some real standards. Meanwhile people who have traditionally been good players and good neighbors are essentially barred out and harassed over these complications. But the problem is not the Green Houses themselves. The problem is the hyper imbalance the regs are creating in the first place…

Permit What Permit
Guest
Permit What Permit
3 years ago

And??? Doesn’t seem to be stopping anybody from cultivating in Mendo right now. You’ll probably be better off with out a license.

For sure
Guest
For sure
3 years ago

Casey, most ppl that I know from “the Old Days” wldve been so happy to have been issued a simple, no fuss permit to produce 10-20 lbs, organically & sustainably. And pay the proper amount of taxes, per lb. Most thought that wld be the definition of “Legal”. We were so naive& enthusiastic to be moving into that new chapter, after 40 years of civil disobedience. In the meantime, the next generation of growers went big, and drew the “rushers”. Now, the regulations & the regulators have completely devalued the original, authentic micro-growers& the sweet culture that are the true roots of the American/Californian /Back to the Land cannabis. I thought it wld be like the old school wine vintners of a younger California.
I thought we wld have Hemp Paper production, Hemp cement producers, Medical marijuana Research& Development labs at HSU, and a long list of economic opportunities for local, sustainable fun businesses, not to mention a world class tourism boom! But that vision is probably not shared by our local policy makers (with a couple of exceptions.) it’s not too late, but we need a coupla “Chiefs ” to help direct a healthy future that’s inclusive. Permitting&taxing small time growers won’t hurt the huge commercial industry, but being excluded from being permitted creates either unnecessary poverty, or worse, unnecessary “criminals.” (It’s the marijuana version of Tulsa’s Black Wall St). Government & Corporate intend to wipe it out & will not let the Ecotopian vision come to fruition.

It's a Farce
Guest
It's a Farce
3 years ago
Reply to  For sure

It was a scam. The proposition was written by the Napster guy for his corporate buddies. Many wanted to believe so hard that they willingly pushed away any “negative” ideas and voted to push us all into it. Then they began supporting the crooked system, even paying fees that were partly used for CAMP eradication forces! Casey has been the only permit guy who has spoken up about that particular injustice so he’s got my respect. We would like it to be different but we voted in a proposition that was corporate-driven and it set up state agencies that are decidedly corporate-friendly. So…good luck on all that! I would love to see a proposition drive that negates CA “legalization”. How cool would that be? To see the corporate farms lose all their out-of-state investments in a complete shake-up? Of course there would be a new “legalization” model passed after that happens but I don’t think it could be worse than this one. We should repeal this “legalization”. because we got it wrong, so wrong. And if we allow it to stand it will very likely become the nationwide model.

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  It's a Farce

I’m with you on that. It was a shit show from the get-go. I’m sure whatever is in the pipeline for the future was planned years and years ago. I’m sure the greenrush with the sudden hands-off of law enforcement so people could grow their 1,000 pounds of “medical” was calculated to the detriment of the environment.

Willow Creeker
Guest
Willow Creeker
3 years ago

The good old days are gone in the Humboldt scene. Now you can either be a government bootlicker or an outlaw, and with satellites watching us and the bootlickers funding the government it’s hard to be an outlaw.
The guys making money are licking government boots on one side and still selling the weed on the black market. That’s a different type of outlaw, and maybe the new breed.

P*** W***lies
Guest
P*** W***lies
3 years ago
Reply to  Willow Creeker

PERMITUS MAXIMUS.

Next stop, Sacramento lobbying for rules and regulations to kill your competitors.

Welcome to the billionaire boys club

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  Willow Creeker

It is mind boggling.

Old oak
Guest
Old oak
3 years ago

Good comment poster for sure
Thanks for taking the time to
Type up your thoughts.

For something as beautiful and therapeutic as growing flowering plants, the state of CA has made it as ridiculous as possible. I think we need a rebate/ do over of 64.
I like the idea of small farms a lot . The small is beautiful mantra could
BRing in a lot of income to
Communities struggling economically.
Instead CA is permitting eyesores that use acre feet of water weekly , have a “bulletproof” attitude regarding being a good neighbor and seemingly a lot of the revenue is leaving rural California as fast as it comes in.

Prop64
monkey /football Type of situation here .

For sure
Guest
For sure
3 years ago
Reply to  Old oak

Thanks Oak…the slow motion poignance of all the layers of the global to the local events is unparalleled, novel, like corona. Witnessing a microculture becoming extinct is how life has always been, but we are in the now of ours right now. Will history ever really understand the really fun part of how we got to live as refugees from Suburbia? I hope all the Pure Schmint plays that got recorded are well preserved for posterity! Maybe we can have an outdoor, masked, social-distanced Pure Schmint video festival?

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  For sure

Yep, the sweet micro culture that was part of the Southern Humboldt that I spent so many years in is all but extinct. It really is sad. Is this just how things go? Time marches on. Nothing lasts forever. I never envisioned that things would end up this way, I do know that the Greenrush put the nails in the coffin and tore Humboldt wide open. We can thank the Humboldt County Sheriff for that. Was that a mandate from superiors way up the chain of command somewhere in Sacramento? I still can’t figure it out.
Where there are billions to be made rest assured that corporate greed is going to muscle in with the Feds help.

thetallone
Guest
thetallone
3 years ago
Reply to  Yeah,sure

Wherever there is something good, people will rush to it until they f#@k it up. Look at Hawaii or North America in general. Growers shoulda kept the whole thing secret. The whole ‘come out of the shadows’ thing was a mistake. They should have branded it Chicago Weed or something.

binbearda4
Guest
binbearda4
3 years ago

just drive slow, nobody wants to buy dusty weed.

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  binbearda4

You’re so right!!! Watching dust clouds settle on grows as the growers speed in and out of their property, it cracks me up.

Black Rifles Matter
Guest
Black Rifles Matter
3 years ago
Reply to  Yeah,sure

Yep. Or the guys that are too lazy to walk from patch to patch and race up to water on their quads or side by sides dusting the whole scene out. Pretty sweet

With liberty and justice for all
Guest
With liberty and justice for all
3 years ago

November is rite around the corner I’d say its time for new representation in northern California!!!!!!!! Dont go down and vote for the same old theives check a new box !!!!

Tony The Tiger
Guest
Tony The Tiger
3 years ago

Grrrrrrreat Success!

Misanthrope
Guest
Misanthrope
3 years ago

Be careful what you wish for, right?

When my family migrated to this Territory in the late 1840s, cattle were illegal. Yes, sure, indeed they were. We prayed for legality, truly believing that cows were wholesome and wanting their goodness to be accepted. That quickly came as miners tired of the normal, bland bear and deer on the market.

In the meantime, bags o’ gold were made as Levi-wearing miners craved our cows. Many more cattle ranchers quickly moved in, producing a glut of cows that cut into our profits. Still, we were making a killing in those early days.

Eventual State legalization of our beef was a double-edged sword, as taxation without adequate representation thereafter took hold with the growth that followed statehood. And for many North California generations we struggled, bled, lived and died on the same glorified cattle pasture we loved to make ends meet, raise family, and sometimes do a little better.

No obscene profits per pound of meat after the Gold Rush days, but enough to have a good life and pass some on to each generation. That got tougher and tougher over the years as industrialization of ag favored corporate farms over family farms. Predictably, as average farm sizes grew, the number of farms drastically decreased.

So I heartily welcome y’all to the wide world of modern agriculture. It’s time to make a living, rather than a fortune.

You wanted it.
You got it.
Good luck.

Mendocino Mamma
Guest
Mendocino Mamma
3 years ago

Greenhouses are so nasty. Ran many for operations for years. Who the hell needs a greenhouse when outdoor temps soar. Green house temps 120+ with out air conditioning cool down and a gazillion fans. Over 80 degrees spider mites love to proliferate in these enclosed spaces.
Fresh soil each run, wasteful to boot. All the packing for nutrients etc, more plastic. Plastic degrades over time flakes to micro particles. Very few grows legal or not have real glass greenhouses. Maybe in the beginning to get started a greenhouse is beneficial, but after June just not needed folks.

SmallFry
Guest
SmallFry
3 years ago

Here it is MM. if you don’t like Green house.. don’t use one. Simple enough. I have definitely seen GHouse disasters. But properly managed, once the fall rains come.. I am loving mine. As a small farm, the biggest advantage I can have is a staggered harvest.. I manage for mites and mold organically and have my pest management strategy down. It also allows me to cultivate more equitorial sativa’s In demand.
Micro plastic shredding into the environment is bad. Agreed there, that’s why I fold up my plastic and use UV stabilized. Much of the plastic I use is actually repurposed from other farms, and I use it for years. I am willing to bet single use bottles have a bigger effect than all of the triangles impacts. Buy the way, nutrient bottles are easily recycled. I often reuse mine.

I also reuse and amend my soil. Just the same as outdoor. Actually A green house probably prevents a lot of nutrient run off. And are probably better in that regard,
And I would say most industrial GH are NOT glass, but poly carbonate panels. But a reasonable amount or a few green houses is not the problem.

Guest
Guest
Guest
3 years ago

Greenhouses block something like 95% of U.V. radiation. That’s why herb grown in greenhouses is superior to herb grown in unfiltered sunlight. There’s no need to replace your soil, just amend it. If you replace the greenhouse fabric on time, you won’t be littering plastic around your grow. The only real downside to using greenhouse that comes to mind, is that when using them, one needs to ensure the humidity does not get too high. But that’s simple enough to do. Do glass greenhouses block U.V. light?