Meeting Time: April 19, 2022 at 9:00am PDT

Agenda Item

5c) Discussion and Possible Action Including Approval of Direction to Staff to Return with Action to Reduce Cannabis Business Tax Collection, including the Minimum Business Tax, by 50% for Two Years Starting in Tax Year 2022-23 and Require Tax Compliance for Cannabis Permit Renewal (Sponsor: Supervisor Williams)

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    Matt Maguire over 2 years ago

    Dear Supervisors

    Please reduce the cannabis cultivation taxes by the maximum extent possible.
    Cannabis taxes should no longer be viewed as a way to fix the county budget, the money is no longer available for cultivators to pay, and eventually Mendocino County will stop getting this money.
    I fully support the MCA memo.

    Thanks

    Matt Maguire

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    Alexander Cummings over 2 years ago

    Dear Supervisors,

    I support this reduction in cannabis business taxes. I ask that the board go further and temporarily reduce the taxes to the same level as surrounding counties have done. As I hope all members of the board are aware, the cannabis industry in Mendocino county is facing multiple simultaneous crises, and reduction of taxes and regulatory burdens will allow small business owners to concentrate on running our businesses and staying viable.

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    Mary Aigner over 2 years ago

    Dear Supervisors,

    I fully support the well considered recommendations of the Mendocino Cannabis Alliance on the matter of cannabis tax relief and reform. In the 5 years since implementation of the Cannabis Business Tax Ordinance, cannabis wholesale prices have decreased by 500% or more. The $5000 minimum tax for a 10,000 square foot farm assumes a minimum gross of $200,000. At current market prices of $250 to $350 per pound for sun grown - which is below the cost of production - our farm would need to produce (AND sell) 570 to 800 pounds per year. Given that we grown one full term sun grown crop per year, this is a physical impossibility.

    As I'm sure you are aware, the industry has changed drastically in the 5 years since the passage of Prop 64. This last year has been particularly difficult for many in the industry, but none more so than our small, local, legacy farms. If they, and the County's cannabis industry, are to have a future, it is paramount that the County offer immediate and significant tax relief to small farmers, while revisiting the structure of the ordinance to make it more equitable for all concerned.

    Thank you for your consideration.

    Mary Aigner
    Hungry Hollow Enterprises

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    Laura Clein over 2 years ago

    Yes please. We have written to you on the subject of taxes many times & would welcome relief as the policies become all the more crushing while the market crashes. SAVE SMALL FARMS! Sincerely, Laura & Marty Clein, Martyjuana™

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    Josh Artman over 2 years ago

    I fully support any reduction of taxes to allow mendocino farmers to stay in business. Frankly, it should not only be zero but we should get a reduction in our property tax, or maybe a trophy? Flat taxes make no sense with a commodity that is highly volatile in price. For example, if outdoor cannabis prices go from $800 to $200 per lb, a $5000 flat tax goes from 2.5% of gross income to over 10% (which makes no sense to tax us on state cultivation taxes with no banking or standard deductions available). This assumes we can even sell our product and WE ARE SELLING NOW BELOW ARE COST OF PRODUCTION. A forceful reminder that besides Measure AI that barely got a majority vote by all the non-cannabis residents, Measure AJ was also passed which first recommended that all proceeds of AI go to enforcement which is now at an all time historical low. You can't make a punitive, and extremely challenging regulatory system and spend most of your efforts making said regulations more challenging for all the permitees while everyone that never believed in your regulated efforts and still grows with none of the constraints GET A FREE PASS. You can do better. We can't be upheld to a higher standard than you can provide.

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    Christina Colangelo over 2 years ago

    I do support this, but it is not enough. The entire cannabis tax structure needs to be revisited. The way it stands it is way too much for farmers to bear, and 2 years of a break is not nearly enough.
    I wholly support Michael Katz’s comment and rather than reiterate it here, urge you to follow his suggestions.

    It is a matter of life and death for us farmers and our local economy. Have you visited Sparetime Supply lately? It is a graveyard where is was once booming. Mariposa Market? Same. So many farmers that spent everything they earned on permitting their farms are now on food stamps. Property values are crashing. We cannot employ anyone with the over taxation and over regulation. This tax structure is not sustainable in the market as it stands nor is it fair. We pay more to permit our structures. We have to comply with every rule to the letter. Cannabis farmers should not be responsible for balancing the county budget.

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    Katherine Dowdney over 2 years ago

    Honorable Supervisors,

    I am in full support of the comments from Mendocino Cannabis Alliance and would like to emphasize the critical nature of tax relief for local operators. While a 50% reduction is appreciated, I concur with MCA that considering massive price fluctuations and the current state of the market, taxes be reduced by 75% for the next three years at minimum. I also encourage the board work closely with stakeholders to sponsor a change to the Tax Code that reflects the realities of the industry and its challenges moving forward.

    Thank you for your time,

    Katherine Dowdney

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    david silverstone over 2 years ago

    Yes Please reduce the tax. it is a matter of life and death in many cases. please do this to prevent suicides, property loss, increased homelessness, and allow for a human wage so farmers can feed themselves and afford these burdensome taxes. taxation without representation is the basis for revolutions..........

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    Michael Katz over 2 years ago

    Honorable Supervisors,

    We sincerely appreciate the intent of this item to provide cannabis tax relief to our struggling community, in line with other efforts that have been initiated throughout the State. While a 50% reduction for tax year 2022 and 2023 would be helpful, it will not adequately address the immediate challenges caused by the recent market crash, inflation/corporate price gouging and corresponding costs to maintain compliance at the State and Local levels. Significant relief is needed right now to stabilize this sector of our economy, which as we have seen through the Crop Report addendum has the potential to generate significant economic activity locally within a tiny agricultural footprint.

    Recently, the Boards of Humboldt and Lake Counties have taken meaningful action to reduce their local cultivation taxes - Humboldt by 85% and Lake County by waiving 50% of the 2021 tax bill with a commitment to long term tax relief.

    For Mendocino County, MCA recommends:

    1. the County offer complete tax relief for those cultivators that sign an affidavit that they are not cultivating through a local Fallowing Program;
    2. cannabis cultivation taxes only be levied based on the amount of canopy being grown (minus any potential crop loss) by a licensee, NOT based on their permit size;
    3. the County offer immediate tax relief by reducing operators' minimum tax payments by 75% for the three tax years from 2021 - 2023;
    4. the Board work with stakeholders to sponsor an ordinance change to the Tax Code that would base cultivation taxes on Gross Receipts with no guaranteed minimum.

    Due to the recent decision to increase Tax and Fee Waivers for Equity Operators and enable those funds to seamlessly be used to pay for their Annual True Ups and Quarterly Tax payments, this is an opportunity for State Funds to support both Operators and the County.

    It is clear that the Mendocino County Board of Supervisors have the legal authority to reduce taxes through the language of Chapter 6.32:

    6.32.300 "Amendment or repeal. The Board of Supervisors of the County of Mendocino is authorized to repeal this Chapter 6.32 without a vote of the people to the extent allowed by law. The Board of Supervisors of the County of Mendocino is further authorized to amend this Chapter 6.32 in any manner that does not increase the tax rate above the maximum rate specified for each category of business or in a manner that otherwise constitutes a tax increase for which voter approval is required by Article Xlll C of the California Constitution.”

    We urge the Board to implement this tax relief as soon as possible, and are available to support this effort in any way we can.

    Sincerely,

    Mendocino Cannabis Alliance
    e: info@mendocannabis.com