Bus stop waiver for pot given OK

A Southern Humboldt Unified School District bus sits outside the district’s Miranda office. The district’s board of trustees voted 3-1 on Thursday to allow marijuana cultivators that are seeking to become permitted to apply for a waiver allowing them to be located less than 600 feet from a school bus stop.
A Southern Humboldt Unified School District bus sits outside the district’s Miranda office. The district’s board of trustees voted 3-1 on Thursday to allow marijuana cultivators that are seeking to become permitted to apply for a waiver allowing them to be located less than 600 feet from a school bus stop. Karl Terrell — Contributed

After receiving multiple calls from cannabis farmers over the past five months, the Southern Humboldt Unified School District Board of Trustees voted to approve a waiver this week that will allow legal cannabis farms to be located within 600 feet or less from school bus stops.

“I want it to be clear: regardless if they file for a waiver or not, that doesn’t mean they’re guaranteed to get it,” district board trustee Thomas Mulder said Friday.

The county’s commercial marijuana rules prohibit cannabis cultivation and processing within 600 feet of public or culturally significant areas like school bus stops, schools, tribal ceremonial grounds and churches. The school district has about 75 bus stops scattered throughout a district that is half the size of Rhode Island.

The school district was thrown into the cannabis permitting discussion last year after several cultivators contacted the district asking it to move the bus stops so they could obtain cultivation permits.

The district made it clear this week that it would not be moving bus stops by adopting a board policy clearly stating so. But it also did not want to deter farmers from becoming legal.

As the CEO of Humboldt Redwood Healing, which has several cannabis farms in southern Humboldt County, Mulder said he understands the farmers’ concerns and how difficult the permit process can be.

However, he said that these farmers had plenty of time to address this issue as the county’s 600-foot setback rule was put into effect in February 2016. Mulder stated none of the farms associated with his business are located near district bus stops.

The waiver approved by the district board of trustees on Thursday evening would allow cannabis farmers to be located within 600 feet of district bus stops, as long as those farmers are in the process of applying for county permits. Applicants will have to pay a $1,000 fee for the waiver, which Mulder said is nonrefundable.

The funds will be used for the district staff time needed to inspect the individual sites — some of which are about an hour away from the district’s Miranda office — and review the cultivation permit applications.

The original draft proposed a $200 fee, but the board did not believe this would cover the actual costs.

The board also removed language that stated the fees would be used for the school’s anti-drug programs. Mulder said if there are any leftover funds, the board can allocate those to those programs.

The waiver proposal was approved in a 3-1 vote, with board trustee Scotty McClure opposed and board trustee Barbara Lindsay absent, according to Board of Trustees President Dennis O’Sullivan.

O’Sullivan said McClure cited concerns that U.S. Attorney General Jeff Sessions would pull funding from the school district for accepting payments from cannabis businesses, which are considered illegal under federal law. Attempts to contact McClure were not returned Friday.

The district’s regulations state that no federal or state funding will be used in the waiver process.

“We felt comfortable with that wording,” O’Sullivan said.

Waiver applications will be reviewed by the district superintendent once per year before the new school year begins. Applications for this year are due by June 1, but will be due by April 1 in subsequent years.

When it comes to safety of students, O’Sullivan said he is more concerned about some of the problem areas and people around town that kids have to walk past when walking to and from the bus stops.

O’Sullivan said the district will no consider whether to grant another type of waiver for cannabis businesses located within 600 feet of a school campus, which he said requires a different discussion altogether.

“I don’t know how that will turn out,” O’Sullivan said.

Will Houston can be reached at 707-441-0504.

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