Headline Humboldt Covers the Lawsuit Filed by the Institute for Justice Against the Cannabis Abatement Program
Headline Humboldt covered the Institute of Justice’s townhall meeting in Redway about the lawsuit against the County of Humboldt’s abatement program.
The story starts about minute marker 15.
As a side note, we got a kick out of how the reporter, Ryan Hutson, who also writes for Redheaded Blackbelt used our cannabis as a prop in the story.
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I love the idea of being energy independent from the rest of the grid here in Humboldt. Especially if it’s clean, green energy, in only 8 yrs. Let’s go!!
Mop the floor with ‘em! Once the county’s actions are proven to be unconstitutional in court, people will be able to file lawsuits for being harmed by the unconstitutional actions. This case will pave the way for individuals to sue the pants off the county!
It really sucks that it’s come to this. So many people were abused in the attempt to wipe out illegal grows. I hate that I’m cheering for the county I live in to be sued without mercy. The county needs to be reigned in and held accountable!
Hopefully after I for J finishes with the county, they will take on CDFW and the Water Board!
Not sure how I for J can go after waterboard or CDFW. When they conduct raids they tend to make sure plants are on site and there is a court process. I don’t like these state agencies but they didn’t pull the crap the county did.
They just went along for the ride…???
It seems like state agencies should be following state court processes, not following the idiots that are merely following the county court processes that they have hastily generated with their cronies in a typical Humboldt County slipshod good ole boy way…
The cart is before the horse.
I’m not in Humboldt but a warrant search and raid is different from the satellite program that had the county post violations. It’s my understanding that state agencies did not also post violations like the county. These are two different processes.
Yes but one can lead to another, if Humboldt County Code Enforcement thinks that you are growing in a post abatement season, (even in gross error) and they have a hard on for you…
That’s when they will invite CDFW, HCSO, and the State waterboys, who will gladly tag along to enthusiastically, double, and triple, and quadruple you up, without ever confirming everything about the Code Enforcement initiated raid they accompanied was legitimately, (or illegitimately), warranted.
It’s pretty messed up, actually.
A gross violation of rights by Humboldt County Code Enforcement Unit, and subsequently, the other three agencies foolishly followed along, guilt by association, and due to their lack of due diligence, they also gravely trample the rights of the property owner, following the insubordinate, unprofessional, and improperly warranted, slapstick lead of the HCCEU, a totally inferior government agency, both literally and figuratively.
It’s like SCOP leading a SWAT Team action.
It’s completely backwards.
Yes I can see that happening, but code escalation to a warrant/raid is normal. What is not normal is NOVs based on satellite images with no real evidence. And then you have to prove your innocence, if you even can, while being threatened with ridiculous fines.
I think two procedures are being conflated here. One is a standard part of the game, the other is a new subversive tax on people in the name of reducing unregulated cannabis. It’s honestly a kafkaesque situation.
CDFW extorted humboldt cannabis growers with attachment E fees($5000). Prior to cannabis legalization, I believe that fee was only $400. These requirements weren’t not equally applied to all counties within the state. This fee was imposed on many based on the tiniest thing a CDFW officer could find in order to require a 1600 permit with attachment E. Often times the issue in question has nothing to do with the cannabis project on site, has been there for decades, and isn’t causing any detriment or damage. My neighbor and I are going to be in over 20k to “fix” 2 culverts that aren’t broken. They are saying one needs to be bigger and the other removed. An immense amount of dirt would need to be removed to return the bank to it natural slope, and the wetland pond above will need to be dried out and removed. And the large brush pile in the gully(a home to quail and rabbits) needs to be removed. So in order to stop erosion that isn’t happening and prevent a potential washout during a 100 year storm, we need to destroy a habitat, drain a pond, and grade and expose over 500 sqft of dirt. CDFW is drumming up some problems in order to get about 14k from us. We will each have 3k+ in engineering fees. And if you don’t have an approved 1600 or a letter stating you don’t need one, the county will not approve your permit. CDFW used this as an opportunity to squeeze as much money as they could from applicants. And they are rude when they come out to inspect too, talk about getting fucked and not getting a kiss!
As far as the water board goes, a group of ranchers defy the water board regs and wind up having to pay a fine of $50 each. Cannabis growers defy water orders, it’s $10,000 a day fine or more per violation.
I moved my garden out of a sma to fall into to a smaller threat level. Now I pay the water board $600 annually. It was $4800 before I moved. They didn’t require me to move, I could have stayed if I kept paying the higher rate. Which basically tells me they care more about the $ than the water.
Meanwhile the rancher next to me pastures his cattle in the headwaters of our valley. They walk through, erode, and shit in 6 different waterways that combine into a creek. Many people get their domestic water from that creek down hill from us. Do CDFW or the water board give a shit about that? No. They are discriminating and targeting the cannabis growers who are trying to do things right.
Rant over.
^^^exactly^^^
Ok, I’m fully aware of CDFW and attachment e fees. Yes they are extortion and Humboldt district applied them everywhere. The Redding office serving Hayfork did not usually apply them for a 1600 permit. What I will say is this is completely different from the county satellite code enforcement violations.
For the 1600 you are asking for a permit or a decision that non is required. They come and do an inspection. The county code notices taped to the gate is totally different. The NCRWQCB cannabis permits were 5k per year. Yep total extortion, but it’s not a racket like county code enforcement. Even the SWRCB permits at 600$ is too much. They use all those fees to fund enforcing regionally.
The attachment e fees are even in state statues. This is very different from a code violation that you have to prove doesn’t exist.
Yes, the extortion processes are different. CDFW and H2O could probably defend in court with a favorable judge where I think Hum Co is gonna loose in court. I don’t care wether it was the right fist or left fist that punched me in the face, still hurts.
In general the 1600 isn’t required thing for your average property owner, but Humboldt planning and building require you to have one, or an exemption, in order to get your cannabis permit. So you or your engineer have to call CDFW and make an appointment for an inspection. Then you are essentially at their mercy if you want your canna permit. If I knew then what I knew now, I would have pushed that inspection out at least 6 months – a year, done a little bit of ditch work and risked the fine for unapproved work in a watercourse. The fine would have been thousands cheaper than what I’m being coerced into.
Yeah, but we are talking about abatements here dude. Everyone has a sob story about dealing with the county or DFG.
I’m talking about government abuse of citizens and constitutional rights violations, and the abatements are just 1 facet of it. And your last sentence is the problem that I’m talking about. You said it yourself, EVERYONE has a sob story about the county or CDFW. Isn’t that kinda fucked up that so many people feel that they are being abused by our local and state government? The county is working with other agencies to intimidate and extort its own citizens, brothers, sisters, friends, community members, and fellow Americans. Badge or not, we are all equal.
I put up a sign coming into my property saying “Take notice. Property under audio and video surveillance.” I am audio recording all conversations during inspections.
I’ve been issued several 1600s. I read the entire porter cologne act and DFG code related to the 1600 permits to prepare for my first visit. Not bragging but I knew more than the scientists. Therefore I was not at their mercy. You have a statutory right to challenge their decisions including an appeal process. If you are under an NOV, then you are at their mercy.
What I saw happen with dozens of 1600s in Humboldt and trinity is people just buckling to CDFW unreasonable demand and not negotiating. Maybe they were scared, intimidated or just lousy business people.
Also, I have been issued 1600s and county/city required 1600s for lots of non cannabis work. Sometimes even receiving a letter of no LSAA required. I don’t like them especially when they make stupid agency comments to MNDs and EIRs and delay projects for no good reason.
More people need to stand up for themselves against all the county and state agencies.
Good on ya for doing your homework. I never been the type of person who excelled at paperwork, permits, office work, or things of the like. I’ve taken on permitting my farm on my own without a consultant. It has been an extremely steep learning gradient to try and simultaneously learn about all these things and carry them out. But I’m stubborn, persistent, and still here. I will now be reading the porter colonge act Dfg codes too. Thanks.
I think it should be noted that in Jared McClain’s excellent, detailed explanation of Rhonda Olsen’s case that she is not just being expected to return the grading on her land to a pre cannabis state, from the hoop houses that existed there before her ownership as he mentions…
She is being required by the County Code Enforcement to return her land to a pre-80’s-timber-company-grading condition…
In ten days…??? Or else..???
That is a completely ridiculous, unreasonable and unachievable expectation.
It’s 100% impossible, for all practical purposes.
The fact that the imposition and implementation of such medieval demands and conditions has resulted in a cumulative fine of $7.4 million is so far beyond the pale that it defies all reason and logic, and is a blatant travesty to any semblance of justice, whatsoever…
Those responsible for the creation and infliction of this outrageous abatement ordinance, must be totally delusional…
It is cruel and unusual punishment.
Does anyone know who to talk to about step two; assuming this case prevails; suing the county for return of abatement penalties? I know a few residents who could use that money back right about now.
I could mention someone not to talk to…
The ones that didn’t take action against the abatement system in the first place, even as they were getting paid by those abated to do so…
Ed Denson, on the other hand, I would highly recommend.
I’m still surprised by how so many people didn’t fight this. I would have been at every single public hearing commenting on it, placing ads in the papers, public protests, etc if they tried it on me.
We definitely made several solid stands against the satellite program in Trinity and got it knocked down. This included calls to state legislators and threats of lawsuits. Ultimately sheriff Saxon decided against it and the BOS followed. They did finally manage to get 10k a day fines (after several years), but not satellite images.
Hmm, it seemed like most legal growers were in favor of it here locally. The abatements were sold to the community as ‘going after’ illegal competition. People who were ‘playing by the rules’ should be against those who were cheating them by not paying the same fees and taking their market. Even so far as being told that the abatements were being focused in concentric circles around permitted neighbors. Divide and conquer.
I never really saw unlicensed grows as competition for licensed. That’s such a limiting mentality. The buyer pool is so vast that it doesn’t make sense. Yes, lots of licensed people moved out the back door, but only because retail options didn’t really exist, and still don’t. That and the distro people were so shady (they moved things out the back door more than anyone).
So maybe trinity did something right for once: blocked the satellite enforcement. I will say some Supes, especially Groves, always said enforcement would help the licensing process, but most of the people on the front lines called that BS at each opportunity.
At this point it doesn’t much matter as everyone but just a few will survive.
Right. The market for black market is the rest of the country, and supposedly the market for the white market is just CA. But not too many can get that through their head.
There is no black or white market only shades of grey.