Replies to post #275822 on American Green Inc (ERBB)

[IMKCBUCKY]

American Green WILL NOT be growing or selling weed in unincorporated Nipton CA. in 2018?

https://www.quora.com/What-are-the-laws-about-growing-marijuana-in-San-Bernardino-county-California

Like everywhere else in the state of California, growing up to 6 plants for personal use is fine (though you might have some onerous regulations to deal with on top of this, depending on where you live). However, commercial cultivation is strictly prohibited in unincorporated areas of the county. This just recently came up as an issue for American Green, which as you may remember bought up the unincorporated town of Nipton, CA, which lies in SB County, with plans to turn it into a cannabis resort. If you live in an incorporated town or city within the county, however, check your local regulations to see if they’ve changed.


http://cannabusinesslaw.com/california-cannabis-laws-by-county/san-bernardino-county/

84.34.030 Prohibition of Commercial Cannabis Activity.
Except as expressly provided by §§ 84.34.040 and 83.34.050, commercial cannabis activity shall not be considered a permitted or conditionally permitted use in any land use zoning district. Commercial cannabis activity, including delivery, is prohibited in all land use zoning districts, as those may be amended from time to time, and no permit of any type shall be issued therefor. It shall be unlawful for any person to conduct, cause to be conducted, or permit to be conducted, a commercial cannabis activity within the unincorporated area of the County. This Section shall not affect the right to possess or use cannabis as authorized by Federal or State law.

ERBB ON!!!!

[Knuckles42]

Medical yes. Not recreational until the federal law is lifted. NO publicly traded company can sell recreational marijuana. That is the law

ERBB ON

[KickolasNage]

I've already proven they can't.

Chapter 84.34.040 sections of the San Bernardino County Regulations for Cannabis Related Commercial Activity on Retail and Cultivation clearly state, as follows:

Except as expressly provided by §§ 84.34.040 and 83.34.050, commercial cannabis activity shall not be considered a permitted or conditionally permitted use in any land use zoning district. Commercial cannabis activity, including delivery, is prohibited in all land use zoning districts, as those may be amended from time to time, and no permit of any type shall be issued therefor. It shall be unlawful for any person to conduct, cause to be conducted, or permit to be conducted, a commercial cannabis activity within the unincorporated area of the County. This Section shall not affect the right to possess or use cannabis as authorized by Federal or State law.

To say otherwise is just ignorant thinking.

[1vman]

*****WRONG !!! HERES THE FACTS !!!American Green Can't Sell Weed In Nipton

Even after January 1st, when recreational use is legalized in California. Ordinance 4309 will still be in affect, which bans all commercial cannabis activity in unincorporated areas within San Bernardino County. Nipton, CA is an unincorporated city, which means it is bound to county laws. If they incorporated, this wouldn't be an issue, but they can't because they only have a population of 20 or so people.

American Green took a chance and lost. Nipton, CA will not be able to sell, cultivate, transfer, or purchase marijuana in Nipton, CA after January 1st, 2018 until San Bernardino County changes its ordinance OR if Nipton, CA incorporates which would require 500 registered voters living within the affected territory proposed for incorporation according to the Cortese-Knox-Hertzberg Act of 2000 and for the affected city to provide proof of a population large enough to sustain basic municipal tax costs associated with a post office, police department, and utilities.


Quote:

County spokesperson David Wert confirmed Monday that commercial cannabis activity is not allowed on unincorporated San Bernardino County land. That includes cultivation, sales of marijuana products at dispensaries, use of marijuana delivery services and the consumption of CBD.

County counsel informed American Green of the regulations in an August letter, after learning about the company's plans from media reports. Wert said the company has not yet reached out to the county to talk about compliance or cooperation. And he said the county hasn't discussed changing its rules, largely because no residents have asked.

Nipton could bypass county rules by incorporating. But state incorporation guidelines require would-be towns to prove the viability of their tax bases. Nipton, with fewer than 20 residents, "would not come close," Wert said.





Quote:
Unless Nipton incorporates, land-use permits will not be issued and full criminal enforcement procedures will be in effect,” San Bernardino County Sheriff’s Lt. Sarkis Ohannessian said. “As long as they follow the law, we’re all good."



Quote:

"Incorporation of a community in California is a costly and complex process that can take years", said Kathleen Rollings-McDonald, spokeswoman for the Local Agency Formation Commission in San Bernardino County.

“State law requires a minimum of 500 registered voters and a minimum population of 10,000 residents in order to have a tax base to offset the costs of basic municipal needs such as law enforcement,” she said. “So due diligence appears to be a little short in this case."



https://www.desertsun.com/story/money/business/2017/09/26/nipton-california-marijuana-american-green/569319001

http://www.latimes.com/local/california/la-me-nipton-cannabis-resort-20170819-htmlstory.html

That's three different public officials confirming this. But take it from American Green themselves:


Quote:

"We may have come at it initially thinking grow and dispensaries and that, but the more time we spend out here, the more we realize while it’s something we still want to pursue, it’s not going to happen right here in the town," said American Green's vice president of marketing, Mike Rosati. Instead of highlighting cannabis-centric entertainment, Rosati pointed to Nipton's other options: the neighboring Mojave National Preserve, stargazing, mountain biking and exploring old mines. He said American Green hopes to build a "moderate concert venue." They're also interested in bottling Nipton's water, and eventually infusing it with CBD.


- Mike Rosati, VP of Marketing for American Green



ENOUGH SAID THERE !!!