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CA Growers: A Crisis, an Opportunity and a 'Monumental Step' Forward


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Editor's Note: Below is an email letter written by Hezekiah Allen, executive director of the Emerald Growers Association (EGA, soon to become the California Growers Association), to the association's constituents. CBT felt it was important to share (with permission) the information contained in this letter with the industry at large, and especially with any California growers who are not affiliated with EGA.


Hezekiah Allen, Chair and Executive Director, Emerald Growers Assoc.Hezekiah Allen, Chair and Executive Director, Emerald Growers Assoc.

Hezekiah Allen, Executive Director, Emerald Growers Assoc.

Good Morning,

California’s cannabis industry is diverse, dynamic and productive. California is a global leader in the cannabis industry. More than 50,000 small business create more than 250,000 good jobs. We use less than 10,000 acre feet of water a year, while the state’s agricultural sector uses 35 million or more. We are efficient, hard working, productive members of society.

Still, for all of this, our industry is in crisis. The public safety crisis and environmental crisis are well known. But lesser known is the small business crisis. In an unregulated marketplace, the worst actors using worst practices have a competitive advantage. Criminals run amok on public lands; best practices like water conservation prove to be a costly investment with little reward in the marketplace and act as a disincentive. And, an entire community of people continue to live with only the limited immunity provided by proposition 215. Time tested war on drug tactics continue to terrify families and ruin lives as crops are destroyed and businesses are ransacked simply for being cannabis businesses.  Our own business community is quick to throw itself under the bus anytime there is a bust, as ego and personality take center stage sometimes overshadowing policy and progress. In spite all of this, hope is on the horizon.

We need to be regulated. Not in any special way. Just like other, comparable industries. With environmental protections as provided by the public resource and water codes; with incentives, research, and technical resources as provided by the food and ag code. Commercial Cannabis, like all commerce just needs to be regulated.

And, over the next few weeks we have the opportunity to do exactly that. There are two bills, AB 266 and SB 643 moving through the final weeks of the legislative session. These bills represent the hard work and focus of literally half a dozen legislative offices, dozens of diverse stakeholders, and represent the landmark culmination of a two decade long policy challenge that has plagued our state since the passage of proposition 215. Today is the first day back after summer recess. Lots of time and energy has gone into amending the bills, strengthening the compromises, and working to ensure the bills are balanced between the many various perspectives. More information on legislation is available here.

These bills aren’t perfect. But they would do a few things that we think are very important. Most importantly, cultivation would be regulated as agriculture; specific licenses would be created to distinguish between small growers and large commercial. This distinction would ensure opportunities for every grower that wants to be regulated to get licensed and allow law enforcement to focus their attention on criminal cultivation. The bills would create appellation controls and open the door to organic certification, allowing market forces to finally begin driving best practices. These bills aren’t perfect, but they will keep small farmers on the field and give them more than just limited immunity.

We know that this policy challenge will not be solved overnight. In fact, as we begin our strategic planning for 2016 (and our transition to CGA) we realize that the passage and signing of this legislation will open the door to even more hard work. And we couldn’t be more excited! In fact, by January 4, 2016 we will have completed the transition to California Growers Association and—for the first time—California’s uniquely Californian cannabis industry will have a home-grown, statewide inclusive and representative face.

As many offices, staffers, advocates, and activists that have worked on this, the many thousands of hours, next year there will be even more. There are so many policy challenges ahead of us, from preventing impaired driving without discrimination to sales tax exemptions for patients. Banking is a serious issue, the challenge of ensuring universal compliance with the water boards new regulation programs, ensuring that our industry has access to prop 1 funds and other incentives like Ag Coops, farmers markets, opening the door crop insurance, general insurance, fixing 280 E, and so much more.

While we buckle down for the hard work that the last few weeks of the legislative session will be, let’s remember that we have reason to celebrate: the north coast water board passed its regulations. The central valley expects to pass theirs. This is the first environmental regulatory program specifically for cannabis created by a state agency. The board members have shown great courage, the staff great focus. We were honored to offer our support for the program. This is a monumental step toward a well regulated cannabis industry. Let the adaptive management begin.

And, as long as we are celebrating, let’s take a minute to give thanks. First and foremost: thank you to the cannabis farmers! You sparked a revolution that has had a dramatic impact on the policy conversation in CA, and your future will be better for it. But, most importantly to the elected officials who have had the courage to break the taboo, to begin talking openly and actively about commercial cannabis, and to amplify this conversation so quickly from a whisper in every community to a resounding call in the statehouse.

Now, it’s time to finish the job. It is time to pass and sign a comprehensive regulatory framework for commercial cannabis in the state of California.

Hezekiah Allen

Executive Director

Emerald Growers Association

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