A group of San Diego County residents is suing the County over its newly adopted Socially Equitable Cannabis Program (SECP), alleging that the County’s environmental review and approval violated the California Environmental Quality Act (CEQA).
On September 23, the County of San Diego and the San Diego County Board of Supervisors were formally served with No Skunk Butts’ petition for writ of mandate challenging the County’s approval of the program. The petition was filed September 18 in San Diego County Superior Court. No Skunk Butts v. Board of Supervisors of the County of San Diego is Case No. 26CU49808C.
The lawsuit follows more than five and a half years of program development, approximately $5 million in reported County expenditures, and an environmental review exceeding 2,000 pages. On August 19, the Board of Supervisors certified the Final Program Environmental Impact Report and approved key elements of the SECP by a 3–2 vote, with final adoption completed September 2.
“The question is whether achieving one important objective requires accepting significant, unavoidable environmental impacts on the communities and environment our government is supposed to protect,” said Eddie Lain of No Skunk Butts. “There has to be a better way to create real opportunity while protecting both. Let’s find it.”
THE CASE AND WHAT IS AT STAKE
The County describes the SECP as a framework for a legal, regulated cannabis industry that creates an equitable path to cannabis business ownership and employment. The program allows new commercial cannabis businesses in eligible areas of unincorporated San Diego County, including industrial-scale cultivation, manufacturing, distribution, testing, retail and delivery, microbusinesses, consumption lounges and temporary cannabis events with minimal 600-foot setbacks separating cannabis operations from schools, daycares and youth centers.
The petition asks the Superior Court to review whether the County complied with CEQA in its environmental analysis and approval of the SECP. With the County and Board of Supervisors formally served September 23, the challenge is now proceeding in San Diego County Superior Court.
The County’s own Final Program Environmental Impact Report (PEIR) identifies significant and unavoidable impacts involving aesthetics, cannabis odor, groundwater supply, construction noise, vehicle miles traveled and adequate water supplies. In approving the program, the Board adopted a Statement of Overriding Considerations.
The PEIR acknowledges that cannabis odors cannot reliably be contained on-site under every atmospheric condition during harvest season. It also analyzes pesticide and agricultural chemical use, runoff, surface and groundwater resources and water quality. Cannabis cultivation uses water and agricultural chemicals on land connected to the groundwater basins, creeks, rivers and watersheds that sustain San Diego County’s farms, families and communities.
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