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Sonoma County Cannabis Equity Assessment Released

By Lauren Mendelsohn

October 29, 2021

Earlier this year, Sonoma County received a “Tier 1” grant in the amount of $75,000 from the Governor’s Office of Business and Economic Development (GO-Biz) to assist in preparing an equity assessment and developing a cannabis equity program. Yesterday, the much-anticipated Sonoma County Cannabis Equity Assessment was released. The Board of Supervisors is tentatively scheduled to receive the report, which was prepared by the California Center for Rural Policy – Humboldt University (CCRP), and request to establish a local cannabis equity program at their November 16 meeting.

For some quick background on cannabis equity programs, in 2018 the state legislature adopted Senate Bill 1294, known as the California Cannabis Equity Act (the “Act”), the intent of which was “to ensure that persons most harmed by cannabis criminalization and poverty be offered assistance to enter the multibillion dollar cannabis industry as entrepreneurs or as employees with high quality, well-paying jobs,” and to ensure that “the cannabis industry be representative of the state’s population, and that barriers to entering the industry are reduced through support to localities that have created local equity programs in their jurisdictions.” SB 1294  §§2(f), (g).  The Act added Chapter 23 (commencing with Section 26240) to Division 10 of the Business and Professions Code, which describes how  jurisdictions can establish local equity programs to provide technical assistance, small business support, and other services to local equity applicants and licensees. Bus. & Prof. Code §26240. The Act also states that local jurisdictions can apply to the state for grant funding to assist with development or implementation of their respective cannabis equity programs. Bus. & Prof. Code §26244.

OK, back to Sonoma County. Using a variety of data, from demographic information to conviction rate statistics to housing affordability metrics to interviewee accounts and more, the Sonoma County Cannabis Equity Assessment discusses the impact of the drug war and the current permitting process (which many have called dysfunctional) on various groups in Sonoma County, particularly communities of color, low-income individuals, and small “legacy” farmers. The assessment concludes that these groups have been disproportionately impacted by federal, state and local drug policies, as well as by pushback by anti-cannabis neighborhood associations; and suggests that an equity program tailored to the unique history and characteristics of Sonoma County could help members of these communities overcome the barriers to entry and access opportunities in the legal cannabis marketplace.

The equity assessment makes nine (9) formal recommendations to Sonoma County:

  1. Prioritize review and completion of Penalty Relief Permit applications by seeking grant assistance from the State.
  2. Establish equity program eligibility factors focused on specific targeted populations. Eligibility criteria is informed by equity assessment data, inclusive of recommendations found in the June 26, 2019 Cannabis Advisory Group (CAG) Report, wherever possible.
  3. Ensure that applicants meeting equity program eligibility criteria have adequate opportunity to take advantage of the program.
  4. Consider creating more flexibility in zoning and parcel size rules to accommodate two major and often reinforcing barriers: neighborhood compatibility issues and costs of real estate.
  5. Track data on general and equity applicants on an ongoing basis to measure the success of the equity program.
  6. Create specific services/programs for equity applicants that address/mitigate barriers to entering the legal cannabis market.
  7. Invest cannabis tax revenue to augment education, training, and support for County staff working on cannabis permitting.
  8. Designate local cannabis tax revenue to community reinvestment programming.
  9. Update the Sonoma County Equity Assessment the year after implementation and every three years afterwards.

The assessment suggests that Sonoma County can consider using the following equity criteria, and require that at least a certain number be met to qualify (i.e.,  3 out of  8):

  • Conviction history associated with nonviolent cannabis-related or other nonviolent drug offenses in Sonoma County.
  • Individuals with an immediate family member with conviction history associated with cannabis-related or other drug offenses in Sonoma County.
  • Individuals who resided in Sonoma County for at least 10 consecutive years between  2011 and 2021.
  • Enrollment of a family member in Sonoma County School Districts for at least 5 years.
  • Previous cultivators who were in compliance with Proposition 215 and SB 420.
  • United States Military Veteran.
  • Earned less than 80% of the median income of Sonoma County, as established by the year prior to application, where the income is verified based on an Internal Services  Revenue income tax return.

Of course, the equity assessment only makes suggestions; ultimately the Board of Supervisors will decide whether to accept, reject, or modify these proposals. You can read more about Sonoma County’s cannabis program here.

This is a developing story; stay tuned to our blog for updates.

 

The information herein is provided as a public educational service and is not intended as legal advice. For specific questions regarding cannabis equity programs in California, please contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation. 

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