CEQA cannabis lawsuit - City of Fresno

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Medical cannabis advocates filed suit May 8, 2014, to challenge the City of Fresno's new growing ban. The petition for writ of mandate alleges the City violated the California Environmental Quality Act by failing to properly study the potential environmental impacts of the citywide growing ban. Fresno County Superior Court Case ID: 14 CECG 01316.

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I JAMIE T. HALL (Bar No. 240183)
JULIAN K. QUATTLEBAM (Bar No. 214378)
2 CHANNEL LAW GROUP, LLP
207 E. Broadway, Suite 201
3 Long Beach, CA 90802-8824
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Telephone: (310) 982-1760
Facsimile: (562) 394-1940
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Attorneys for Petitioners,
6 UNION OF MEDICAL MARIJUANA PATIENTS, INC. and
FRESNO CANNABIS ASSOCIATION
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IO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO - UNLIMITED CIVIL CASE
I1 UNION OF MEDICAL MARIJUANA
PATIENTS, INC., a California Corporation;
12 FRESNO CANNABIS ASSOCIATION, an
PETITION FOR WRIT OF MANDATE
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unincorporated association
vs.
Petitioners,
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CITY OF FRESNO, a municipal corporation
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Respondent.
Union of Medical Marijuana Patients, Inc. and Fresno Cannabis Association (collectively
referred to as "Petitioners") allege:
1.
Union of Medical Marijuana Patients, Inc. ("UMMP") is a civil rights
organization based in downtown Los Angeles founded in 2007. Through legal and political
action in association with education and counseling on compliance with state law, UMMP is
devoted to defending and asserting the rights of medical cannabis patients and promotes a model
of legally compliant medical cannabis patient associations. With a philosophy of personal growth
and social responsibility, UMMP supports patients, their member associations, and the cause of
1
PETITION FOR WRIT OF MANDATE
 
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freedom of medical choice nationwide. UMMP is committed to sensible regulations for patient
associations and their collectives, responsible actions of patients, and cooperation with law
enforcement. UMMP's members consist of both individual medical marijuana patients and
collective and cooperative associations ("Associations"), including patients and Associations that
would otherwise be affected by the project's environmental impacts.
2. Fresno Cannabis Association ("FCA") is an unincorporated association founded
to defend and assert the rights of medical cannabis patients in the City of Fresno. FCA's
members consist of ordinary citizens, individual patients, and Associations that reside in the City
of Fresno that would otherwise be affected by the project's environmental impacts.
3. Respondent, City of Fresno ("Respondent" or "City") is a charter city
incorporated under the laws of the State of California.
4. The project is the City of Fresno Ordinance Bill No. 2014-20, which prohibits all
cultivation of medical marijuana in the City (the "Project" or "Ordinance"). The City Council
voted to approve the Ordinance on March 27, 2014 and the Mayor opted neither to veto nor
approve the Ordinance, making the effective date of approval April 8, 2014. Respondent is the
lead agency responsible under the California Environmental Quality Act ("CEQA") for
evaluating the environmental impacts of the Project. Attached hereto as Exhibit 1 is a true and
18 correct copy of Ordinance Bill No. 2014-20.
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5.
In 2012, the City adopted Ordinance Bill No. 2012-13, which prohibited the
20 outdoor cultivation of medical marijuana, but did not prohibit either indoor cultivation or
21 cultivation within an outdoor fully-enclosed and secured structure approved by special permit.
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6.
The Project prohibits those forms of cultivation authorized under Ordinance Bill
23 No. 2012-13 resulting in a complete ban on all cultivation of medical marijuana in the City. At
24 the time of the adoption of the Ordinance, there was an estimated 10, 117 medical marijuana
25 patients in the City.
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7.
Respondent determined that the Ordinance was exempt from CEQA, stating:
27 "[S]taffhas performed a preliminary environmental assessment of this project and, pursuant to
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2
PETITION FOR WRJT OF MANDATE
1 CEQA Guidelines, Section !506!(b)(3), has determined that there is no possibility that this
2 project may have a significant effect upon the environment because the outdoor cultivation of
3 marijuana is currently a prohibited use, and this ordinance merely prohibits additional future
4 cultivation of marijuana indoors after the current crop year. This will not result in a substantial or
5 potentially substantial adverse change in any of the physical conditions affected by this
6 prohibition, including land, air, water, minerals, flora, fauna, ambient noise, and objects of
7 historic or aesthetic significance. Instead, the prohibition is anticipated to have positive effects
8 on the environment, including helping to reduce water consumption and eliminate offensive
9 odors. Therefore, this project is not subject to CEQA." Respondent did not conduct an Initial
10 Study or adopt a Negative Declaration pursuant to § 15063 of the CEQA Guidelines.
11
8.
The City filed a Notice of Exemption ("NOE") with the Fresno County Clerk on
12 April 3, 2014. The NOE states that the Ordinance is exempt from CEQA pursuant to Section
13 !5061(b)(3) of the CEQA Guidelines. Attached hereto as Exhibit 2 is a true and correct copy of
14 the NOE.
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9.
Petitioners commented on the Ordinance and raised each of the legal deficiencies
16 asserted in this petition. Attached hereto as Exhibit 3 is a true and correct copy of
17 correspondence (without exhibits) filed with the City raising the legal deficiencies of the Project.
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10.
Petitioner performed all conditions precedent to filing this action by complying
19 with the requirements of Public Resources Code §21167.5 in filing notice of this action on May
20 7, 2014. Attached hereto as Exhibit 4 is a true and correct copy of the Notice ofintent to File
21 CEQA Petition mailed to the City Clerk on May 7, 2014.
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11.
Respondent's actions in adopting the Ordinance without conducting the necessary
23 studies under CEQA constitute prejudicial abuse of discretion in that Respondent failed to
24 proceed in the manner required by law and its decision is not supported by substantial evidence
25 as required by Public Resources Code§ 21168.5.
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12.
Whether an activity constitutes a "project" subject to CEQA is a categorical
27 question respecting whether the activity is of a general kind with which CEQA is concerned,
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PETITION FOR WRIT OF MANDATE
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without regard to whether the activity will actually have environmental impacts." Muzzy Ranch
Co. v. Solano County Airport Land Use Commission (2007) 41 Cal.4th 372, 381. The term
"project" as defined in Cal. Pub. Res. Code § 21065 has been broadly interpreted by courts. For
example, in a seminal case decided by the California Supreme Court, the court stated that CEQA
is "to be interpreted in such a manner as to afford the fullest possible protection to the
environment within the reasonable scope of the statutory language." Friends of Mammoth v.
Board of Supervisors (1972) 8 Cal.3d 247, 259. Further, courts have concluded that the term
"project" encompasses regulatory approvals such as general plan amendments, zone changes,
and annexations which may ultimately lead to physical environmental changes. 14 Cal. Code
Regs. § l 5378(a)(l ); Bozung v. Local Agency Formation Commission, (1975) 13 Cal.3d 263, 277
n.16. The City is required under CEQA to undertake a review of an ordinance when it is
apparent that the regulations will "culminate in physical change to the environment." Bozung v .
Local Agency Formation Commission (1975) 13 Cal.3d 263, 281.
13. The fact that the "project" at issue is the adoption of an ordinance as opposed to a
development project proposed by an applicant does not relieve the City of the obligation to
undertake a review of the project under CEQA. Rosenthal v. Board of Supervisors (1975) 14
Cal.App.3d 815, 823 (stating that "adopting an ordinance [is] a project"); No Oil, Inc. v. City of
Los Angeles (1974) 13 Cal.3d 68 (impliedly holding that adoption of ordinance is a project
within the meaning ofCEQA); 60 Ops.Cal.Atty.Gen. 335 (1977) ("ordinances and resolutions
adopted by a local agency are 'projects' within the meaning ofCEQA"). The Attorney General
Opinion issued in 1977 concluded that the following ordinances were all subject to CEQA: (1)
an open-range ordinance requiring private land owners to fence out cattle; (2) an ordinance
allowing construction of single family dwellings in rural areas without electricity, running water,
or flush toilets; and (3) an ordinance modifying road improvement standards for new
subdivisions. A project need not directly effect a physical change in the environment:
reasonably foreseeable indirect or secondary effects must also be analyzed. The inquiry is
whether or not the Project will ultimately culminate in physical changes to the environment. Id.
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PETITION FOR WRIT OF MANDA TE
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14. CEQA Guidelines Section 15061, Subdivision(b)(3) describes the so-called
"common sense exemption," where "(t]he activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA."
As a result, the burden of proof rests with the City to demonstrate that the commonsense
exemption applies. Davidon Homes v. City of San Jose (1997) 54 Cal. App.4th 106, 116 ("[T)he
agency must itself provide the support for its decision before the burden shifts to the challenger.
Imposing the burden on the members of the public in the first instance to prove a possibility or
substantial adverse environmental impact would frustrate CEQA's fundamental purpose of
ensuring that governmental officials 'make decisions with environmental consequences in
mind.") Even if an agency has provided support for its decision to exempt a project under the
"common sense exemption," the "showing required of a party challenging an exemption under
[the commonsense exemption) is slight, since that exemption requires the agency to be certain
that there is no possibility the project may cause significant environmental impacts. Iflegitimate
questions can be raised about whether the project might have a significant impact and there is
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any dispute about the possibility of such an impact, the agency cannot find with certainty that a
18 project is exempt." Id
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15. Respondent failed to proceed in the manner required by law when it
20 concluded that the Project was exempt pursuant to 15061(b )(3) of the CEQA Guidelines.
21 Respondent wrongly concluded that the Ordinance was exempt under the so-called "common
22 sense exemption."
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16. Among other things, the Ordinance will require patients to drive outside the City
24 to visit a medical marijuana dispensary to obtain their medicine, which will create traffic and air
25 pollution. It may be fairly assumed that each of the City's estimated I 0,117 patients will need to
26 go to a medical marijuana dispensary approximately once a week to get their medicine.
27 However, the nearest storefront medical marijuana dispensary from Fresno is I 09 miles away in
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PETITION FOR WRIT OF MANDATE
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Bakersfield. Therefore, the City's ban of all cultivation will result in a weekly increase of
2,205,506, or an annual increase of l 15,001,384 in miles traveled. Based upon Federal
Statistics, this would result in approximately 48,869 metric tons per year in C02 emissions
alone. It would also be expected to generate 49,145 pounds of Reactive Organic Gasses, 36.86
tons of Nitrous Oxide and 82.93 tons of PM! 0 per year. The Ordinance will result in increased
travel and air pollution, which nevertheless could create environmental impacts, such as traffic
and air pollution, within the City. This additional travel not only may, but will, result in a direct
change in the physical environment. No further evidence is required to establish that the City is
not exempt from CEQA pursuant to§ 1506l(b)(3) of the CEQA Guidelines.
17. Further, the Ordinance's ban on cultivation shifts the development impacts
associated with cultivation to other jurisdictions, which the City has failed to analyze. It is
reasonably foreseeable that cultivation of medical marijuana in other cities and counties will
increase due to the ban. Cultivation of medical marijuana, an inherently agricultural activity,
especially in a residential setting, in and of itself contemplates environmental impacts, which the
City has failed to analyze. Petitioner UMMP alerted the City to the fact that an estimated 7,587
pounds of cannabis per year would need to be cultivated to meet patient needs in the City. Much
of the displaced cultivation created by the ban may occur indoors and there are environmental
impacts associated with indoor cultivation that may be significant. This creates environmental
19 consequences, which the City failed to analyze.
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18.
Petitioner UMMP provided Respondent with a copy of a recent study entitled The
21 Carbon Footprint of Indoor Cannabis Production, published in The International Journal of the
22 Political, Economic, Planning, Environmental and Social Aspects Energy, detailing the
23 environmental impacts of indoor cannabis cultivation. See Exhibit 5. The following are
24 highlights from the study:
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• On average, approximately one third of cannabis production takes place under
indoor conditions. Approximately two-thirds of all cannabis is produced outdoors.
• In California, 400,000 individuals are authorized to cultivate cannabis for personal
medical use, or sale for the same purpose to 2100 dispensaries.
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PETITION FOR WRIT OF MANDATE
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• One average kilogram of cannabis is associated with 4600 kg of carbon dioxide
emissions (greenhouse-gas pollution) to the atmosphere, a very significant carbon
footprint, or that of3 million average U.S. cars when aggregated across all national
production.
• Indoor cannabis production utilizes highly energy intensive processes to control
environmental conditions during cultivation.
• Indoor cultivation also results in elevated moisture levels that can cause extensive
damage to buildings as well as electrical fires caused by wiring out of compliance
with safety codes.
• Indoor carbon dioxide levels are often raised to 4-times natural levels to boost plant
growth when cannabis is cultivated indoors.
• Indoor cannabis production results in electricity use equivalent to that of 2 million
average U.S. homes. This corresponds to 1% of national electricity consumption.
• In California, the top-producing state, indoor cultivation is responsible for about 3%
of all electricity use or 9% of household use. This corresponds to greenhouse-gas
emissions equal to those from 1 million cars.
• Accelerated electricity demand growth has been observed in areas reputed to have
extensive indoor Cannabis cultivation. For example, after the legalization of
medical marijuana in 1996, Humboldt County experienced a 50% rise in per-capita
residential electricity use compared to other parts of the state .
• Shifting cultivation outdoors can nearly eliminate energy use for the cultivation
process. However, outdoor cultivation creates its own environmental impacts.
These include deforestation; destruction of wetlands, runoff of soil, pesticides,
insecticides, rodenticides and human waste; abandoned solid waste; and
unpermitted impounding and withdrawals of surface water. These practices can
compromise water quality, fisheries and other ecosystem services. However,
outdoor cultivation can compromise security.
19. It is reasonably foreseeable that the City's ban of cultivation of medical marijuana
within the City will result in an increase in cultivation outside the City. Cultivation of medical
marijuana indoors, including in single-family residential zones, implicate significant
environmental concerns and require meaningful review under CEQA. Obviously, cultivation of
medical marijuana to meet existing patients demand will need to take place outside City limits as
a result of the Ordinance (in fact, outside of the County due to the ban on cultivation by the
7
PETITION FOR WRIT OF MANDATE
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County of Fresno) and additional waste water will be created as a result of these cultivation
activities. Moreover, additional waste plant material (a.k.a bio-waste) will be created that must
be disposed of properly. However, because these activities may take place indoors, the proper
means of disposal is unclear and the City has failed to mitigate the foreseeable environmental
impacts. The City failed to analyze any of the reasonably foreseeable impacts of the increased
indoor cultivation of medical marijuana. The facts presented by Petitioners demonstrate potential
significant environmental effects in terms of (1) Greenhouse Gas Emissions, (2) Hazards &
Hazardous Materials, (3) Hydrology I Water Quality, and (4) Utilities I Service Systems.
20. Finally, the City wrongly concluded that the Ordinance was exempt pursuant to
Section 15061(b)(3) of the CEQA Guidelines on the basis that it would have "positive effects on
the environment, including helping to reduce water consumption and to eliminate offensive
odors." Activities intended to protect or preserve the environment are not automatically immune
from environmental review. The Guidelines provide that categorical exemptions may not be used
where there is a reasonable possibility that the activity will have a significant effect on the
environment (1) when "the cumulative impact of successive projects of the same type in the
same place, over time is significant" (Guidelines, § 15300.2(b)), or (2) due to "unusual
circumstances." (Guidelines,§ 15300.2(c).) See Dunn-Edwards Corp. Bay Area Air Quality
Management Dist. (1992) 9 Cal.App.4th 644 (overturning amendments to air district regulations
designed to reduce the amount of volatile organic carbons in paint for failure to comply with
CEQA); Building Code Action v. Energy Resources Conservation & Dev. Com. (1980) 102
Cal.App.3d 577 (adoption of emergency conservation regulations establishing double-glazing
standards for new residential construction could have significant impact on air quality as result of
increased glass production). As outlined above, the Ordinance will not eliminate the demand for
medical marijuana in the City and will require patients to drove outside the City to obtain their
medicine, which create both traffic and air pollution. Moreover, the Ordinance simply displaces
26 the impacts of cultivation to other jurisdictions.
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8
PETITION FOR WRIT OF MANDATE

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21. Based on the information submitted by Petitioners, Respondent could not have
found with certainty that there is no possibility that the Ordinance may have a significant effect
on the environment rendering the project exempt pursuant to 15061 (b )(3) of the CEQA
Guidelines. Respondent thereby violated its duties to conduct an Initial Study conforming to the
requirements ofCEQA. Accordingly, the City's adoption of the Project must be set aside.
WHEREFORE, petitioner demands entry of judgment as follows:
I. For a peremptory writ of mandate directing:
a. Respondent to vacate and set aside its adoption of the Project.
b. Respondent to suspend all activity under the Project that could result in
any change or alteration in the physical environment and refrain from
taking any physical, administrative and/or legal actions toward
enforcement of the Project until Respondent has taken such actions that
may be necessary to bring the Project into compliance with CEQA.
c. Respondent to prepare, circulate, and consider a legally adequate Initial
Study, and if applicable, an Environmental Impact Report, and otherwise
to comply with CEQA in any subsequent action taken to approve the
Project.
2. For its costs of suit.
3. For an award of attorneys fees.
4. For other equitable or legal relief that the Court considers just and proper.
22 Dated: May 7, 2014
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Jamie T. Hall
CHANNEL LAW GROUP, LLP
Attorney for Petitioners
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PETITION FOR WRIT OF MANDATE

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VERIFICATION
3 I am an officer of petitioner, Union of Medical Marijuana Patients, Inc., and I am
4 authorized to execute this verification on behalf of petitioner. I have read the foregoing petition
5 and am familiar with its contents. The facts recited in the petition are true and of my personal
6 lmowledge.
7 I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
Dated: May 7, 2014
By:   c ;0( ":h ,

Union of Medical Marijuana Patients, Inc .
PETITION FOR WR1T OF MANDATE

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VERIFICATION
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3 I am a member of Fresno Ca:nnabis Association and lam authorized to execute this
4 verification on behalf of petitioner. I have read the foregoing petition and am familiar with its
s contents. The facts recited in the petition are ti:ue and of my personal knowledge.
6 1 declare under peoalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
Dated: May 7, 2014

Michael S. Green
Fresria Association
l'ETITION FOR WRIT OF MANDA TE
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No.
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EXHIBIT LIST
Exhibits
Ordinance Bill No. 2014-20.
Notice of Exemption
Correspondence filed with the City
Notice oflntent to File CEQA Petition
Copy of Study Entitled The Carbon Footprint of Indoor Cannabis Production
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PETITION FOR WRIT OF MANDATE
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PETITION FOR WRIT OF MANDATE
BILL NO. 8-17
ORDINANCE NO. 2014-20
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, REPEALING ARTICLE 21 OF
CHAPTER 12 OF, AND ADDING ARTICLE 21 OF
CHAPTER 12 TO, THE FRESNO MUNICIPAL CODE
RELATING TO MARIJUANA CULTIVATION
WHEREAS, the Council hereby finds that the cultivation of marijuana significantly
impacts, or has the potential to significantly impact, the city's jurisdiction. These
impacts include damage to buildings in which cultivation occurs, including improper and
dangerous electrical alterations and use, inadequate ventilation, increased occurrences
of home-invasion robberies and similar crimes and nuisance impacts to neighboring
properties from the strong and potentially noxious odors from the plants, and increased
crime; and
WHEREAS, according to the Chief of Police, marijuana grows have been
operating in the city for several years with minimal local regulation and have been the
subject of armed robberies with shots fired, incidents with juveniles and young adults,
and arrests for violation of both state and federal laws, including seizure of illegal
firearms. Marijuana grows attract crime and associated violence. They are harmful to
the welfare of the surrounding community and its residents and constitute a public
nuisance; and
WHEREAS, marijuana cultivation in the city poses a threat to the public peace,
health and safety. Many marijuana grows have emerged in the city which are very
visible to the public, and easily accessible to the public, including children and youths.
Date Adopted; 03/27/2014
Date Approved:04/08/2014
Effective Date: 05/09/2014
Page I of8
Ordinance No. 2014-20
here is a threat of violent crime due to the size, location, and monetary value of these
mature marijuana grows; and
WHEREAS, it is acknowledged that the voters of the State of California have
provided a limited criminal defense to the cultivation, possession and use of marijuana
for medical purposes through the adoption of the Compassionate Use Act in 1996
pursuant to Proposition 215 and codified as Health and Safety Code section 11362.5.
The Compassionate Use Act (CUA) does not address the land use or other impacts that
are caused by the cultivation of marijuana; and
WHEREAS, the CUA is limited in scope, in that it only provides a defense from
criminal prosecution for possession and cultivation of marijuana to qualified patients and
their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA)
commencing with Health and Safety Code section 11362.7, is also limited in that it
establishes a statewide identification program and affords qualified patients, persons
with identification cards and their primary caregivers, an affirmative defense to certain
enumerated criminal sanctions that would otherwise apply to transporting, processing,
administering or distributing marijuana; and
WHEREAS, neither the CUA, MMPA, nor the California Constitution create a
right to cultivate medical marijuana; and
WHEREAS, it is critical to note that neither Act abrogates the city's powers to
regulate for public health, safety and welfare. Health and Safety Code 11362.5(b)(2)
provides that the CUA does not supersede any legislation intended to prohibit conduct
that endangers others. In addition, Health and Safety Code 11352.83 authorizes cities
and counties to adopt and enforce rules and regulations consistent with the MMPA; and
Page 2 of8
WHEREAS, the Council finds that neither the CUA nor the MMPA preempts the
city's exercise of its traditional police powers in enacting land use and zoning
regulations, as well as legislation for preservation of public health, safety and welfare,
such as this zoning ordinance prohibiting cultivation of marijuana within the city; and
WHEREAS, marijuana remains an illegal substance under the Federal Controlled
Substances Act, 21 U.S.C. 801, et seq., and is classified as a "Schedule I Drug" which
is defined as a drug or other substance that has a high potential for abuse, that has no
currently accepted medical use in treatment in the United States, and that has not been
accepted as safe for its use under medical supervision. Furthermore, the Federal
Controlled Substances Act makes it unlawful for any person to cultivate, manufacture,
distribute, dispense, or possess with intent to manufacture, distribute or dispense
marijuana. The Controlled Substances Act contains no statutory exemption for the
possession of marijuana for medical purposes. The city does not wish to be in violation
of federal law; and
WHEREAS, the city has a compelling interest in protecting the public health,
safety and welfare of its residents and businesses, and in preserving the peace and
quiet of the neighborhoods in which marijuana is currently grown; and
WHEREAS, staff has performed a preliminary environmental assessment of this
project and, pursuant to CEQA Guidelines, Section 15061(b)(3), has determined that
there is no possibility that this project may have a significant effect on the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and this
ordinance merely prohibits additional future cultivation of marijuana indoors after the
current crop year. This will not result in a substantial, or potentially substantial, adverse
Page3 of8
change in any of the physical conditions affected by this prohibition, including land, air,
water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance. Instead, the prohibition is anticipated to have positive effects on the
environment, including helping to reduce water consumption and to eliminate offensive
odors. Therefore, this project is not subject to CEQA.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 21 of Chapter 12 of the Fresno Municipal Code is repealed.
SECTION 2. Article 21 is added to Chapter 12 of the Fresno Municipal Code to read:
ARTICLE21
CULTIVATION OF MARIJUANA
Section 12-2101. Purpose and Intent.
12-2102. Relationship to Other Laws.
12-2103. Definitions.
12-2104. Prohibition of Marijuana Cultivation.
12-2105. Violation and Penalty.
12-2106. Severability.
12-2107. Applicability.
SECTION 12-2101. PURPOSE AND INTENT. The purpose of this article
is to prohibit the cultivation of marijuana in order to protect the public peace,
health, safety and general welfare of the citizens of the city.
SECTION 12-2102. RELATIONSHIP TO OTHER LAWS. This article is
not intended to, nor shall it be construed or given effect in a manner that causes
it to apply to, any activity that is regulated by federal or state law to the extent
that application of this article would conflict with such law or would unduly
interfere with the achievement of federal or state regulatory purposes. This
article shall be interpreted to be compatible and consistent with federal, county,
Page 4 of 8
and state enactments and in furtherance of the public purposes which those
enactments express. It is the intention that the provisions of this article will
supersede any other provisions of this code found to be in conflict.
SECTION 12-2103. DEFINITIONS. For purposes of this article, unless
the particular provision or the context otherwise clearly requires, the definitions in
this section shall govern the construction, meaning and application of words and
phrases used in this article:
(a) "Cultivation" means the planting, growing, harvesting,
drying, processing, or storage of one or more marijuana plants or any part
thereof in any location.
(b) "Marijuana" means all parts of the plant Cannabis sativa L.,
whether growing or not, and includes medical marijuana.
(c) "Medical marijuana" means marijuana used for medical
purposes in accordance with California Health and Safety Code section
11362.5.
(d) "Collective, cooperative or dispensary" means a collective,
cooperative, dispensary, operator, establishment, provider, association or
similar entity that cultivates, distributes, delivers or processes marijuana
for medical purposes relating to a qualified patient or primary caregiver,
pursuant to the Compassionate Use Act and Medical Marijuana Program
Act.
(e) "Primary caregiver" means a primary caregiver as defined in
Health and Safety Code section 11362.7.
Pages of8
(f) "Qualified patient" means a qualified patient as defined in
Health and Safety Code section 11362.7.
SECTION 12-2104. PROHIBITION OF MARIJUANA CULTIVATION.
Marijuana cultivation by any person, including primary caregivers and qualified
patients, collectives, cooperatives or dispensaries, is prohibited in all zone
districts within the city.
SECTION 12-2105. VIOLATION AND PENALTY.
(a) A violation of this article shall be prosecuted by the City
Attorney through the civil enforcement process, including injunctive relief,
as set forth in Section 1-308 of this code. Each day a person is in
violation of this article shall be considered a separate violation.
(b) The administrative citation penalty for each and every
marijuana plant cultivated in violation of this article shall be One Thousand
Dollars ($1,000) per plant, plus One Hundred Dollars ($100) per plant per
day the plant remains unabated past the abatement deadline set forth in
the administrative citation.
(c) Any property upon which a violation of this article is found
shall be subject to immediate abatement by the city.
(d) In addition to any administrative penalty assessed for
violation of this article, any person found in violation of this article will be
charged abatement, actual, administrative and enforcement costs as
defined in Section 1-503, calculated to recover the total costs incurred by
the city in enforcing this article.
Page6 of 8
II I
II I
II I
I! I
SECTION 12-2106. SEVERABILITY. If any section, sentence, clause or
phrase of this article is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this article. The Council hereby declares that
it would have passed this ordinance and adopted this article and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 12-2107. APPLICABILITY. All of the provisions of this article
shall be immediately enforceable as to the outdoor cultivation of marijuana. Any
person legally cultivating marijuana indoors prior to the effective date of this
article shall have one hundred twenty (120) days from the effective date of this
article to harvest their crop of marijuana. After the one hundred twenty day (120)
grace period, all the provisions of this article shall be immediately enforceable.
Page 7 of 8
SECTION 3. This Ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
Ordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the 27th day of March, 2014.
AYES
NOES
ABSENT
ABSTAIN
: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau
: Olivier
: None
: None
Mayor Approval:
Mayor Approval/No Return:
Mayor Veto:
Council Override Vote:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
KBD:elb [63853elb/kbd] Ord. 1/30114
NIA , 2014
April 8 , 2014
NIA , 2014
NIA , 2014
YVONNE SPENCE, CMC
City Clerk
  Y ~
DePUtY
Page8 of8
March 27, 2014 Council Adoption: 3/27/2014
Mayor Approval:
TO:
FROM:
SUBJECT:
MAYOR ASHLEY SWEARENGIN
YVONNE SPENCE,
City Clerk ·
Mayor Veto:
override Request:
TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 3/27/14, Council adopted the attached Ordinance No. 2014-20
entitled Repealing Article 21 of Chapter 12 prohibiting cultivation of marijuana in all
zone districts within the City, Item No. 1 E2, by the following vote:
Ayes
Noes
Absent
Abstain
Baines, Brand, Brandau, Capriogfio, Quintero, Xiong
Olivier
None
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before April 7, 2014. In computing the ten day period required by Charter, the first day has
been excluded and the tenth day has been included unless the 1orn day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
  ¥/5'(/t.1
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Ashley Swearengin, Mayor
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date:--------
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PETITION FOR WRIT OF MANDA TE
E201410000084
NOTICE OF EXEMPTION PLEASE POST FOR A FULL 36 DAYS (UNTIL 5 P.M. 511212014)
FROM: City of Fresno Development and Resource Management Department
2600 Fresno Street Room 3076
Fresno, California 93721-3604
TO:_JL_ Fresno County Clerk
2221 Kern Street
Fresno, California 93721
Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, California 95814
Project Title: Environmental Assessment (EA) No. 14-012 for City of Fresno
Ordinance Bill No. 201'f:-20 Prohibiting Marijuana Cultivation
Project Location: Within the corporate limits of the City of Fresno
36°47' 10" N Latitude, 119°47' 20" W Longitude (centroid)
Project Location - city: City of Fresno Project Location- county: County of Fresno
Description of Nature, Purpose and Beneficiaries of Project:
City of Fresno Ordinance No. 2014-20, amending the Fresno Municipal Code to Repeal Article 21 of
Chapter 12, and to add Article 21 of Chapter 12 to prohibit the cultivation of marijuana in all zone
districts within the city of Fresno.
On June 28, 2012, Fresno City Council adopted Bill Number B-12, Ordinance Number 2012-13, to
add Article 21 to Chapter 12 to the Fresno Municipal Code. Ordinance No. ~ O l   l - 1 9 prohibited the
outdoor cultivation of marijuana and did not prohibit on the indoor cultivation andlor within an outdoor
fully-enclosed and secured structure approved by special permit. However, in the past year,
317 marijuana growing complaints (some indoor operations) were investigated by the Fresno Police
Department's Narcotics Section, and documented conditions associated with marijuana cultivation in
Fresno have included high levels of heat within structures used for growing marijuana; impaired
indoor air quality and noxious odors; dangerous electrical system alterations, and excessive demand
on electrical and water utilities; illegal firearms on the premises; armed robberies of properties where
marijuana was being grown and also properties where it was mistakenly thought to be grown.
Since the outdoor cultivation of marijuana is currently prohibited, on March 27, 2014 the Fresno City
Council adopted Bill No. B-17, Ordinance No. 2014-20, to prohibit all cultivation of marijuana,
continuing the existing enforceability of the prohibition of outdoor cultivation, and instituting
enforcement action against indoor marijuana cultivation beginning 120 days from the effective date
of the Ordinance. This Ordinance has been adopted in order to protect the public health, safety, and
general welfare of persons who would otherwise be exposed to an elevated risk of harm due to
residing and doing business near marijuana cultivation, and in order to ensure compliance with
Federal law.
Name of Public Agency Approving Project: City of Fresno
(continued on next page)
Notice of Exemption
Fresno City Ordinance No. 2014-20 prohibiting. all cultivation of marijuana
Page2
E201410000084
Name of Person or Agency Carrying Out Project: City of Fresno Police Department
(contact person: Lieutenant Michael Brogdon, telephone no. 559-621-5901)
Exempt Status: (check one)
D Ministerial - PRC§ 21080(b)(1); CEQA Guidelines §15268
D Declared Emergency- PRC§ 21080(b)(3); CEQA Guidelines §15269(a)
D Emergency Project- PRC§ 21080(b)(4); CEQA Guidelines §15269(b) and (c)
1ZJ Categorical Exemption - CEQA Section 15061 (b)(3)
D Statutory Exemption - PRC § _____ _
Reasons why project is exempt:
Under CEQA Guidelines Section 15061(b)(3), the City of Fresno (Lead Agency) has determined
that there is no possibility that this project may have a significant effect upon the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and this ordinance merely
prohibits additional future cultivation of marijuana indoors after the current crop year. This will not
result In substantial or potentially substantial adverse change in any of the physical conditions
effected by this prohibition, induding land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic pr aesthetic significance. Instead, the prohibition is anticipated to have positive
effects on the environment, including helping to reduce water consumption, prevent fire hazards,
and eliminate offensive odors. Regardless of ability to cultivate, state law provides an alternative for
collectives and caregiver to locally provide medical marijuana. Even assuming this might have
some effect on cost, economic change is not considered a significant effect on the environment.
Therefore, this project is not subject to CEQA
Lead Agency Contact Person: Mike Sanchez Full telephone# 559- 621-8040
Planning Manager Email: [email protected]
City of Fresno Development & Resource Management Oep't.
Signature: Date: April 3, 2014
Printed Name & Tit/ : Sophia Pagoula os, ervising Planner, for
Mike Sanchez, Planning Manager
City of Fresno Development & Resource Management Department
IZl Signed by Lead Agency D Signed by applicant
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PETITION FOR WRIT OF MANDATE
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Fresno, CA 93721
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Re: Amend the Fresno City Municipal Code to Repeal Article 21 of Chapter 12,
and add Article 21 of Chapter 12, prohibiting the cultivation of Marijuana in
All Zone Districts within the city of Fresno
Dear Mayor Swearengin and Councilmembers:
The Union of Medical Marijuana Patients ("UMMP") is pleased to comment on the City
of Fresno's {"City'') proposed Ordinance regarding the cultivation of medical marijuana
("Ordinance" or "Project"). UMMP is in receipt of the materials published on the City's
website regarding the Ordinance. In the Staff Report issued for the Project, the City
states that "[s]taff has performed a preliminary environmental assessment of this project
and, pursuant to CEQA Guidelines, Section 15061(b)(3), has determined that there is
no possibility that this project may have a significant effect upon the environment .... "
Staff Report at p.3. This letter notifies the City that the Ordinance is not exempt from
CEQA and outlines the foreseeable environmental effects associated with the
Ordinance requiring review and mitigation. Because the Ordinance is not exempt from
CEQA pursuant to the common-sense exemption, the City must conduct an Initial Study
3211/2 E. 1•t Street, Suite 200, Los Angeles, CA 90012
213-626-2730 (Phone) 213-613-1443 (Fax)
UnionMMP.org
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pursuant to § 15063 of the California Public Resources Code before adopting the
Ordinance.
AboutUMMP
I would first like to introduce my organization. UMMP is a not-for-profit civil rights
organization that is devoted to defending and asserting the rights of medical cannabis
patients. UMMP promotes a model of legally compliant medical cannabis patient
associations and has developed a self-regulatory product, AGSite Secure, to ensure all
Californians using medical cannabis and forming patient associations have the
opportunity to do so with a clear and unambiguous understanding of the law. UMMP is
committed to sensible regulations for patient associations and their dispensaries,
responsible actions of patients and cooperation with law enforcement.
The Proposed Ordinance:
According to the Staff Report dated March 20, 2014, "adopting th[e] ordinance would
prohibit all indoor and outdoor cultivation of marijuana in the City. Staff Report at p. 1.
With regard to CEQA, the Ordinance states the following:
"Staff has petformed a preliminary environmental assessment of this project and,
pursuant to CEQA Guidelines, Section 15061(b)(3), has determined that there is
no possibility that this project may have a significant effect upon the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and
this ordinance merely prohibits additional future cultivation of marijuana indoors
after the current crop year. This will not result in a substantial or potentially
substantial adverse change in any of the physical conditions effected by this
prohibition, including land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic or aesthetic significance. Instead, the prohibition is anticipated
to have positive effects on the environment, including helping to reduce water
consumption and eliminate offensive odors. Therefore, this project is not subject
to CEQA."
Staff Report at p. 3.
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2
The Ordinance is Not Exempt from CEQA Under the Common-Sense Exemption
The Ordinance is not exempt from CEQA under the so-called "common sense"
exemption. CEQA Guidelines Section 15061, Subdivision(b)(3) describes the so-called
"common sense exemption," where "[tjhe activity is covered by the general rule that
CEQA applies only to projects which have the potential tor causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA" (emphasis added). As a result, the burden of proof rests with the
City to demonstrate that the commonsense exemption applies. Davidson Homes v. City
of San Jose (1997) 54 Cal. App.4th 106, 116 ("[Tjhe agency must itself provide the
support for its decision before the burden shifts to the challenger. Imposing the burden
on the members of the public in the first instance to prove a possibility or substantial
adverse environmental impact would frustrate CEQA's fundamental purpose of ensuring
that governmental officials 'make decisions with environmental consequences in
mind."') Even if an agency has provided support for its decision to exempt a project
under the "common sense exemption," the "showing required of a party challenging an
exemption under [the commonsense exemption] is slight, since that exemption requires
the agency to be certain that there is no possibility the project may cause significant
environmental impacts. If legitimate questions can be raised about whether the project
might have a significant impact and there is any dispute about the possibility of such an
impact, the agency cannot find with certainty that a project is exempt." Id.
The Environmental Baseline
Under CEQA, the environmental baseline includes existing patients that cultivate
medical marijuana (either indoors of outdoors) for their own personal use in compliance
with state law. In June of 2012 the City adopted Ordinance Number 2012-13, which
prohibited the outdoor cultivation of marijuana, but did not place a prohibition on the
indoor cultivation and/or within an outdoor fully-enclosed and secured structure,
approved by special permit Staff Report at p. 1. As a result, patients were required to
either cultivate medical marijuana in their own home or travel outside the City to obtain
medical marijuana.
The environmental baseline also includes an estimated patient population of 10, 117
persons in the City. This is based on an analysis conducted by Cal. NORML, another
medical marijuana advocacy organization, concluding that that the patient base in
California is 2-3% of the overall population. (See Exhibit 1). The legality of cultivation in
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the City does not relieve the City with the obligation to such operations in the
environmental baseline. In Riverwatch v. County of San Diego {1999) 76 Cal. App.4th
1428, 1451, the court held that the proper baseline is the existing condition of the site,
even if that condition may be the result of prior illegal activity. The court explained in
Riverwatch that CEQA is not "the appropriate forum for determining the nature and
consequence of a prior conduct of a project applicant." 76 Cal. App.4th at 1452. The
decision in Riverwatch has been followed by other courts. See Eureka Citizens for
Responsible Government v. City of Eureka (2007) 147 Cal. App. 4th 357, 370 (citing
Riverwatch and stating that the "environmental impacts should be examined in light of
the environment as it exists when a project is approved").
Moreover, it is a fundamentally accepted principle that environmental impacts should be
examined in light of the environment as it exists when a project is approved.
(Guidelines,§ 15125, subd. (a); Bloom v. McGurk(1994) 26 Cal. App. 4th 1307, 1315,
fn. 2; City of Carmel-by-the-Sea v. Board of Supervisors (1986) 183 Cal. App. 3d 229,
246; Christward Ministry v. Superior Courl (1986) 184 Cal. App. 3d 180, 190;
Environmental Planning & Information Council v. County of El Dorado (1982) 131 Cal.
App. 3d 350, 358; Remy et al., Guide to the Cal. Environmental Quality Act (10th ed.
1999) p. 165.) In this case, there are an approximate 1, 184 medical marijuana patients
in the City, many of whom cultivate their own medical marijuana due to the ban of
"medical marijuana dispensaries" in the City.
The Ordinance is a "Project"
As an initial matter, it should be noted that the Ordinance is a "project" under CEQA.
The fact that the "project" at issue is the adoption of an ordinance as opposed to a
development project proposed by an applicant does not relieve the City of the obligation
to undertake a review of the project under CEQA. Rosenthal v. Board of Supervisors
(1975) 14 Cal.App.3d 815, 823 (stating that "adopting an ordinance [is] a project"); No
Oil, Inc. v. City of Los Angeles (1974) 13 CaL3d 68, 118 Cal.Rptr. 34 (impliedly holding
that adoption of ordinance is a project within the meaning of CEQA); 60
Ops.Cal.Atty.Gen. 335 (1977) ("ordinances and resolutions adopted by a local agency
are 'projects' within the meaning of CEQA"). The Attorney General Opinion issued in
1977 concluded that the following ordinances were arr subject to C EQA: ( 1) an open-
range ordinance requiring private landowners to fence out cattle; (2) an ordinance
allowing construction of single family dwellings in rural areas without electricity, running
water, or flush toilets; and (3) an ordinance modifying road improvement standards for
new subdivisions. The bottom line is that a project need not directly affect a physical
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change in the environment; reasonably foreseeable indirect or secondary effects must
also be analyzed. The relative inquiry is whether or not the project. or in this case, the
Ordinance, will ultimately culminate in physical changes to the environment. Id.
Additionally, it should be emphasized that "[w]hether an activity constitutes a project
subject to CEQA is a categorical question respecting whether the activity is of a general
kind with which CEQA is concerned, without regard to whether the activity will actually
have environmental impacts." Muzzy Ranch Co. v. Solano County Airport Land Use
Commission (2007) 41 Cal.4th 372, 381. It is well established that the enactment of a
zoning ordinance such as the Ordinance proposed by the City is subject to
environmental review under CEQA. See, e.g., Concerned Citizens of Palm Deserl v.
Board of Supervisors (1974) 38 Cal.App.3d 272, 283 (the "enactment and amendment
of zoning ordinances" are subject to CEQA).
Here, the City is committing itself to a particular approach to regulating medical
marijuana - an extremely restrictive approach that, among other things, requires of
patients to drive to other cities to obtain their medicine because both medical marijuana
dispensaries and cultivation are banned in the City.
As previously noted, there are an estimated 10, 117 patients in Fresno. Further, it may
be fairly assumed that each of them will need to go to a dispensary approximately once
a week to get their medicine. However, the nearest storefront medical marijuana
dispensary from Fresno is 109 miles away in Bakersfield. Therefore, the City's ban of all
cultivation would result in weekly increase of 2,205,506, or an annual increase of
115,001,384 in miles traveled. Based upon Federal Statistics, this would result in
approximately 48,869 metric tons per year in C02 emissions alone. It would also be
expected to generate 49, 145 pounds of Reactive Organic Gasses, 36.86 tons of Nitrous
Oxide and 82.93 tons of PM10 per year. (See, e.g., EPA Fact Sheet entitled
"Greenhouse Gas Emissions from a Typical Passenger Vehicle" attached as Exhibit 2.)
Clearly, the Ordinance will result in increased travel and air pollution, which
nevertheless could create environmental impacts, such as traffic and air pollution, within
the City. The City has failed to conduct an analysis of the environmental consequences
of the draconian approach of the Ordinance to regulating medical marijuana.
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The City Has Failed to Consider the Significant Environmental Impacts of the Ordinance
Moreover, the Ordinance's ban on cultivation shifts the development impacts associated
with cultivation to other jurisdictions, which the City has failed to analyze. It is
reasonably foreseeable that cultivation of medical marijuana in other cities and counties
will increase due to the ban. Cultivation of medical marijuana, an inherently agricultural
activity, especially in a residential setting, in and of itself contemplates environmental
impacts, which the City has failed to analyze. Consider the following: Assuming patients
use 1 ounce of marijuana per month, then 7,587 pounds of cannabis per year would
need to be cultivated to meet patient needs in the City.
Much of the displaced cultivation created by the ban may occur indoors and there are
environmental impacts associated with indoor cultivation that may be significant. A
recent study entitled The Carbon Footprint of Indoor Cannabis Production, published in
The International Journal of the Political, Economic, Planning, Environmental and Social
Aspects Energy, detailed the environmental impacts of indoor cannabis cultivation. (See
Exhibit 3). The following are highlights from the study:
• On average, approximately one third of cannabis production takes place under
indoor conditions. Approximately two-thirds of all cannabis is produced outdoors.
• In California, 400,000 individuals are authorized to cultivate cannabis for
personal medical use, or sale for the same purpose to 2100 dispensaries.
• One average kilogram of cannabis is associated with 4600 kg of carbon dioxide
emissions (greenhouse-gas pollution) to the atmosphere, a very significant
carbon footprint, or that of 3 million average U.S. cars when aggregated across
all national production.
• Indoor cannabis production utilizes highly energy intensive processes to control
environmental conditions during cultivation.
• Indoor cultivation also results in elevated moisture levels that can cause
extensive damage to buildings as well as electrical fires caused by wiring out of
compliance with safety codes.
• Indoor carbon dioxide levels are often raised to 4-times natural levels to boost
plant growth when cannabis is cultivated indoors.
• Indoor cannabis production results in electricity use equivalent to that of 2 million
average U.S. homes. This corresponds to 1% of naflonal electricity consumption.
• In California, the top-producing state, indoor cultivation is responsible for about
3% of all electricity use or 9% of household use. This corresponds to
greenhouse-gas emissions equal to those from 1 million cars.
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• Accelerated electricity demand growth has been observed in areas reputed to
have extensive indoor Cannabis cultivation. For example, after the legalization of
medical marijuana in 1996, Humboldt County experienced a 50% rise in per-
capita residential electricity use compared to other parts of the state.
• Shifting cultivation outdoors can nearly eliminate energy use for the cultivation
process. However, outdoor cultivation creates its own environmental impacts.
These include deforestation; destruction of wetlands, runoff of soil, pesticides,
insecticides, rodenticides and human waste; abandoned solid waste; and
unpermitted impounding and withdrawals of surface water. These practices can
compromise water quality, fisheries and other ecosystem services. However,
outdoor cultivation can compromise security.
This study was the product of previous research conducted by the same author. (See
Exhibit 4). Additional research has confirmed these impacts. (See Exhibit 5). The City
has completely failed to analyze the Ordinance's reasonably foreseeable environmental
impacts, specifically the impacts of indoor cultivation in other jurisdictions. The
Ordinance is not exempt from CEQA and there are significant environmental impacts,
as outlined in the aforementioned studies, that the City has failed to mitigate that
implicate agriculture, air quality, water quality, traffic, land use planning, etc.
Cultivation of medical marijuana indoors, including in single-family residential zones,
implicate significant environmental concerns and require meaningful review under
CEQA. Obviously, cultivation of medical marijuana to meet existing patients demand will
need to take place outside City limits as a result of the Ordinance (in fact, outside of the
County due to the ban on cultivation by the County of Fresno) and additional waste
water will be created as a result of these cultivation activities. Moreover, additional
waste plant material (a.k.a bio-waste) will be created that must be disposed of properly.
However, because these activities may take place indoors, the proper means of
disposal is unclear and the City has failed to mitigate the foreseeable environmental
impacts. Indeed, state regulatory agencies, including, for example, the Central Valley
Regional Water Quality Control Board (CVRWQCB), have recognized the
environmental consequences of cultivation and recently issued a notice and fact sheet
to cultivators in an effort to prevent environmental damage. (See Exhibit 6).
Further, and as noted above, there will also be an increase in the electrical consumption
that will be required. These facts are compelling and demonstrate potential significant
environmental effects in terms of (1) Greenhouse Gas Emissions, (2) Hazards &
Hazardous Materials, (3) Hydrology/Water Quality, and (4) Utilities/Service Systems.
3211/2 E. 1"
1
Street, Suite 200, Los Angeles, CA 90012
213-626-2730 (Phone) 213-613-1443 (Fax)
UnionMMP.org
7
The Ordinance Creates New Environmental Harms and Therefore Is Not Exempt from
CEQA as an Activity Designed to Protect the Environment Pursuant to CEQA
Guidelines Section 15308
Further, the City cannot argue that the Ordinance is exempt from CEQA as an activity
"designed to project the environment." It should be emphasized that activities intended
to protect or preserve the environment are not automatically immune from
environmental review. The Guidelines provide that categorical exemptions may not be
used where there is a reasonable possibility that the activity will have a significant effect
on the environment (1) when "the cumulative impact of successive projects of the same
type in the same place, over time is significant" (Guidelines, § 15300.2{b)), or (2) due to
"unusual circumstances." {Guidelines,§ 15300.2(c).) See Dunn-Edwards Corp. Bay
Area Air Quality Management Dist. {1992) 9 Cal.App.4th 644 (overturning amendments
to air district regulations designed to reduce the amount of volatile organic carbons in
paint for failure to comply with CEQA); Building Code Action v. Energy Resources
Conservation & Dev. Com. (1980) 102 Cal.App.3d 577 (adoption of emergency
conservation regulations establishing double-glazing standards for new residential
construction could have significant impact on air quality as result of increased glass
production).
Rulemaking proceedings cannot be found exempt, however, when the rule has the
effect of weakening environmental standards. [Even a] new regulation that strengthens
some environmental requirements may not be entitled to an exemption if the new
requirements could result in other potentially significant effects.
California Unions for Reliable Energy v. Mojave Desert Air Quality Management Dist.
(2009) 178 Cal.App.4th 1225, 1240 (quoting 2 Kostka & Zischke, Practice Under the Cal.
Environmental Quality Act, supra, § 20.43, p. 981) (internal citations omitted).
Even if a public agency meets its initial burden to show the exemption is supported by
substantial evidence, it still has to defend against claims that the exemption is subject to
an exception. (Ibid.) Thus, it is simply not the case that a city or county can circumvent
CEQA merely by characterizing its ordinances as environmentally friendly and therefore
exempt under the Class 7 or 8 categorical exemptions.
Save the Plastic Bag Coalition v. County of Marin {2013) 218 Ca!App.4th 209, 228. As
explained below, there is no substantial evidence to support the City's conclusion that
3211/2 E. 1
51
Street, Suite 200, Los Angeles, CA 90012
213-626-2730 (Phone) 213-613-1443 (Fax)
UnionMMP.org
8
the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15308.
Conclusion
While the above discussion is not intended to be an exhaustive list of the reasonably
foreseeable indirect or secondary effects of the Ordinance, it is illustrative of the types
of impacts that the City must analyze. A fair argument has been outlined regarding the
significant environmental effects of the Ordinance. As such, the City is compelled to
prepare an Initial Study pursuant to §15063 of the California Public Resources Code as
there are no applicable exemptions established in Division 13, Articles 18 or 19 of the
California Public Resources Code. The Ordinance will have a significant effect on the
environment and the City has failed to mitigate these impacts as required under CEQA.
As such, the City is required to prepare an Environmental Impact Report. CEQA
Guidelines, § 15002, subd. (k}; No Oil, Inc. v. City of Los Angeles (197 4} 13 Cai.3d 68,
74 (If the initial study shows that the project may have a significant effect, the lead
agency takes the third step and prepares an Environmental Impact Report.)
Regards,
Isl James Shaw
James Shaw
Executive Director
3211/2 E. 1•t Street, Suite 200, Los Angeles, CA 90012
213-626-2730 (Phone) 213-613-1443 (Fax}
UnionMMP.org
9
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PETITJON FOR WRIT OF MANDATE
l JAMIE T. HALL (Bar No. 240183)
JULIAN K. QUATTLEBAUM (Bar No. 214378)
2 CHANNEL LAW GROUP, LLP
207 E. Broadway, Suite 201
3 Long Beach, CA 90802-8824
Telephone: (310) 982-1760
4
Facsimile: (562) 394-1940
5 [email protected]
[email protected]
6
Attorneys for Petitioners
7 UNION OF MEDICAL MARIJUANA PATIENTS, INC. and
8
FRESNO CANNABIS ASSOCIATION
9
10
11
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CENTRAL DIVISION - UNLIMITED CIVIL CASE
12 UNION OF MEDICAL MARIJUANA
PATIENTS, INC., a California Corporation;
13 FRESNO CANNABIS ASSOCIATION, an
14
unincorporated association
NOTICE OF INTENT TO FILE CEQA
PETITION
15
16
vs.
Petitioners,
17 CITY OF FRESNO, a municipal corporation
18
19
20
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22
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Respondent.
To Fresno City Clerk:
PLEASE TAKE NOTICE, under Public Resources Code§ 21167.5, that Petitioners,
Union of Medical Marijuana Patients, Inc. and Fresno Cannabis Association, intend to file a
petition under the provision of the California Environmental Quality Act ("CEQA") against
Respondent, City of Fresno, challenging its adoption of Ordinance Bill No. 2014-20 prohibiting
medical marijuana cultivation (the "Project").
The petition will seek the following relief:(!) vacate and set aside its adoption of the
1
NOTICE OF INTENT TO FILE CEQA PETITION

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1 Project, (2) suspend all activity under the Project that could result in any change or alteration in
2 the physical environment until respondent has taken such actions that may be necessary to bring
3 the Project into compliance with CEQA, (3) prepare, circulate, and consider a legally adequate
4 Initial Study, and if applicable, an Environmental Impact Report, and otherwise to comply with
5 CEQA in any subsequent action taken to approve the project, ( 4) costs of suit, (5) award of
6 attorneys fees and ( 6) other equitable or legal relief that the Court considers just and proper.
7
8
Dated: May 7, 2014
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By:
 
CHANNEL LAW GROUP, LLP
Attorney for Petitioners
2
NOTICE OF INTENT TO FILE CEQA PETITION
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PROOF OF SERVICE
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STATE OF CALIFORNIA
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SS.
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COUNTY OF LOS ANGELES
4
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19
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 207 E. Broadway, Suite 201, Long
Beach, CA 90802.
On May 7, 2014 I served the foregoing document described as NOTICE OF INTENT TO
FILE CEQA PETITION on the interested parties in this action by placing a true copy thereof,
enclosed in a sealed envelopes addressed as follows:
Yvonne Spence
City Clerk, City of Fresno
2600 Fresno Street
Room 2133
Fresno, CA 93721
[X] BY USPS EXPRESS MAIL: I placed true copies of the foregoing document in
sealed envelopes addressed as stated on the above/attached service list. I placed such envelope,
with postage thereon fully prepaid, for collection and mailing at Long Beach, California. I am
"readily familiar" with the firm's practice of collection and processing correspondence for
mailing. Under that practice the mail would be deposited with the U. S. Postal Service on that
same day with postage thereon fully prepaid at Long Beach California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for mailing in
affidavit.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
20 Executed on May 7, 2014, in Long Beach, Califo
21
22 Jamie T. Hall
2
3
Name
24
25
26
27
28
3
NOTICE OF INTENT TO FILE CEQA PETITION
LONG BE!ACH DOWNTOWN. POST OffIC
,1 LONG.'BEACH, CalA j\ornia
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PETITION FOR WRIT OF MANDATE
Energy Policy l (JIU) llU-Hf
Contents fists available at SciVerse ScienceDirect
ENERGY
FOi.iCY
Energy Policy
journaJ homepage: www.elsevfer.com/locate/enpol
The carbon footprint of indoor Cannabis production
Evan Mills
Energy Associates. Box 1688, Mendocino, CA 95460, Unired States
ARTICLE NFO ABSTRACT
Arricle history:
Received 7 Sept("mber 2011
Accepted 10 M<irch 2012
Keywords:
F:nergy
Eluildlngs
Hortkulturr.
The emerge11t industry of indoor Cannabis productjon - legal in some jurisdictions and illicit in others .•
utilizes highly energy intensive processes to control envil'Onmental conditions during cultivation. This
article estimates the energy consumption for this practk:e jn the UnHed States at 1% of national
eJectricity use. or $6 billion each year. One average kilogram of final product is associated with 4600 kg
or carbon dioxide emissions to the i!tmosphere, or that of 3 mjllion average U.S. cars when aggregated
across all national production. The practice of indoor cultivation is driven by crjmjnali:zation, pursuit of
security, pest and dise.cise management, and the desire for greater process control and yields. Energy
analysts and policymakers have not previously addressed this use of energy. The unchecked growth of
eJectricity demand in this sector confounds ene-rgy forecasts .and obscures savings from energy
efficiency programs and policiC's. While criminalization has contributed to the substantial energy
Intensity, li;-galiiation would not change the situation materiaUy without ancillary efforts to manage
energy use, provide con.sumer information via labeling, and other measures. Were product prices to fall
as a result of legaH:zation, indoor production using current practices could rapldly become  
1. Introduction
On occasion, previously unrecognized spheres of energy use
come to light. Important historical examples include rhe perva-
sive a.ir leakage from ductwork in homes, the bourgeoniog energy
intensity of computer datacenters, and the eJectrjcity "Jeaking"
from billions of small power supplies and other e<iuipment.
Intensive periods of investigation, technology R&D, and policy
development gradually ensue fn the wake of these discoveries.
The emergent industry of indoor Cannabis production appears ro
have joined tbis list.'
This article presents a model of the modem-day production
process - based on pubJic-domain sources - and provides first-
order natjona1 scoping estimates of the energy use, costs, and
greenhouse-gas emissions associated with this activity in the
United States. The practice is common in other countries but a
global assessment is beyond the scope of this report.
2. Scale of activity
The Jarge-scaJe industrialized and highJy energy-intensive
indoor cultivation of Cannabis is a reJativeJy new phenomenon,
driven by criminalization, pursult of securjty, pest and disease
address: [email protected]
1
This article substantively updates: and extends the analysis described in
Mill• (2011).
0301-4215/S-see front matter© 2012 Elsevier J.td, AO rights reserved.
hUp:l/dx.doi.Oig/10.l016/j.enpol2012.03.023
e 2012 Elsevier Ltd. All rights reserved.
management, and the desire for greater process control and yields
(U.S. Department of justice, 20l 1a; World Drug Report, 2009). The
practice occurs across the United States (Hudson, 2003; Gettman,
2006). The 415,000 indoor plants eradicated by authorities in
2009 (and 10.3 million including outdoor plantations) (U.S.
Department of justice, 201la. b) presumably represent only a
small fraction of total production.
Cannabis cultivation is today legal in 15 states plus the District
of Columbia, although it is not federally sanctioned (Peplow,
2005 ). It is estimated that 24.8 million Americans are eligible to
receive a doctor's recommendation to purchase or cuJtivate
Cannabis under existing state Jaws. and approximately 730,000
currently do so (See Change Strategy, 201 J). In California alone,
400,000 indjviduals are currently authorJzed to rultivate Cannabis
for persona) medical use, or sale for the same purpose to 21 DO
dispensaries (Harvey, 2009). Approximately 28.S million people
in rhe United States are repeat consumers, representing 11 %
of the population over the age of 12 (U.S. Office of National
Drug Control Policy, 2011 ).
Cultivation is also substantial in Canada. An estimated J 7,500
"grow" operations in British Columbia (typically located in residen-
tial buildings) are equivalent to 1% of all dwelling units ProVince-
wide, with an annual market value of $7 billion (Easton. 2004}
Official estimates of total U.S. Cannabis production varied from
10,000 to 24,000metric ton per year as of 2001, making ft the
nation's largest crop by value at that time (Hudson, 2003;
Gettman, 2006). A recent study estimated national production
at far higher levels (69,000 metric ton)(HIDTA. 2010). Even at the
Please cite this article as: Mills, E .. The carbon footprint of indoor Cannabis production. Energy Policy (2012), http:f/dx.doi.org/
1 O. lOJ 6/j.enpol.2012.03.023
2 E. Mills/ Fnergy Polir:y I (hll) lff-IU
lower end of this range (chosen as rhe basis of this analysis), the
level of activity is formidable and Jncrea.sing with the demand for
Cannabis.
No systematic efforts have previously been made to estin1ate
the aggregate energy use of these activjties.
3. Methods and wicertainties
This analysis is based on a model of typical Cannabis produc-
tion, and the associated energy use for cultivation and transporta-
tion based on market data and first-principals buildings energy
end-use modeling techniques. Data sources include equipment
manufacturer data, trade media, the open literature, and inter-
views wjth horticultural equipment vendors. All assumptions
used in the analysis are presented in Appendix A. The resulting
normalized (per-kilogram) energy intensity is driven by the
effect·s of conditions, production processes,
and equipment efficiencies.
Considerable energy use is also associated with transportation,
both for workers and for large numbers of small-quantities trims-
ported and then redisti:ibuted over Jong distances before final sale.
This analysis reflects typical practices, and is thus intended as
a "central estimate". While processes that use Jess energy on a
per.unit-yield basis are possible, much more energy.intensive
scenarios: also occur. Certain strategies for lowering energy inputs
(e.g .. reduced jlJumjnation levels) can result in lower yields, and
thus not necessarily reduce the ultimate energy-intensity per unit
weight. Only those srrategies that improve equipment and pro-
cess energy efficiency, while not correspondingly attenuating
yields would reduce energy intensity.
Due to the proprietary and often HJiclt nature of Ca.nnabjs
cultivation, data are intrinsically uncertain. Key uncertainties are
total production and the indoor fraction thereof, and the corre-
sponding scaling up of relatively well-understood intensities of
energy use per unit of production to state or nationaJ levels could
result in 50% higher or lower aggregate results. Greenhouse-gas
emissions estimates are in turn sensitive to the assumed mix of
on- and off-grid power production technologies and fuels, as off-
grid production (almost universally done with diesel generators}
can - depending on the prevailing fuel mix in the grid - have
substantially higher emissions per kilowatt-hour than grid power.
Final energy costs are a direct function of the aforementioned
factors, combined with electricity tariffs. which vary widely
geographically .and among customer classes. The assumptions
about vehicle energy use are likely conservative, given the
range transportation associated with interstate distribution.
Some localities (very cold and very hot climates) will see much
larger shares of production indoors. and have higher space-
conditioning energy de1nands than the typical conditions
assumed here. More analyses could explore the varia-
tions introouced by geography and climate, alternate technology
configurations. and production techniques.
4. Energy implfoations
AcceJerated electricity demand growth has been observed. in
areas reputed to have extensive indoor Cannabf.s cultivation. For
example, following the legalization of cuJtivation for medicaJ
purposes (Phillips. 1998; Roth, 2005; Clapper el al., 2010) in
California in J 996, Humboldt County experienced a 50% rise in
per-capita residential electricity use compared to other parts of
the state (Lehman and Johnstone. 2010).
Aside from sporadic news reports (Anderson, 2010; Quinones,
2010), policymakers and consumers possess little information on
the energy of this practice. A few prior studies
tangentially mentioning energy use associated with Cannabis
production used cursory methods and energy
use significantly (Plecas et al .. 2010 and Caulkins, 2010).
Driving the Jarge energy requirements of indoor production
facilities- are lighting ieveJs matchJrig those found In hospital
operating rooms (500-times greater than recommended for read-
ing) and 30 hOurly air ch<.nges (6-times the rate in high-tech
Jaboratories, and 60-times the rate in a modern home), Resulting
power densities are on the order of 2000 W/m
2
, which is on a par
with that of modern datacenters. Indoor carbon dioxide (C0
2
)
levels are often raised to 4-times natural levels in order ta boost
plant growth. However, by shortening the growth cycle, this
practice may reduce fina1 energy intensity,
Specific energy uses include high-intensity lighting, dehumi-
dHlcation to remove watEr vapor and avoid mold formation, space
heating or cooling during non-illuminated periods and drying,
pre-heating of inigation Water, generation of carbon dioxide by
burning fossil fuel, and ventilation and to remove
waste heat. Substantial energy inefficiencjes arise from air clean-
ing, noise and odor suppression. and inefficient eJectric generators
used to avoid conspicuous utility biils. So-called ''grow houses" -
residential buildings converted for Cannabis production - can
contain 50,000 to 100,000 W of installed lighting power (Brady,
2004). Much larger facilities are also used.
Based on the model developed in this article, approl<imately
13,000 kW/h/year of electridzy is required to operate a standard
production module (a J.2" 1.2 x 2.4 m (4 x 4 x B fr)chamber). Each
module yields approximately 0.5 kg (1 pound} of final product
per cycle, with four or five production cycles conducted per year.
A single grow house can contain 1 O to J 00 such 1nodules.
To estimate national electridty use, these normalized Vd.lues
are applied to the lower end of the range of the aforementioned
estimated production (10,000t per year). with one-third of the
activity takes place under indoor conditions. This indicates
electricity use of about 20 TW/h/year nationally (including off-
grid production). This is equivalent to that of 2 million average
U.S. homes. corresponding to approximately 1 % of national
electricity consumption - or the output of 7 Jarge electric power
plants (l<oomey et al., 2010). This energy, plus associated fuel uses
(discussed below), is valued at $6 billion annually, with asso-
ciated emissions of 1 s mHHon metric ton of C0
2
- equivalent to
that of 3 million average American cars (Fig. l and Tables J-3.)
fuel is used for several pUtposes, in addition to electlicity. The
carbon dioXide injected into grow rooms to increase yields is
produced industrially (Overcash et al., 2007) or by burning propane
or natural gas within the grow room contributes about 1-2% to the
carbon footprint and represents a yearly U.S. expenditure of $0.1
biHion. Vehicle use .associated with production and distribution
contributes about 15% of total emissions, and represents a yearly
expenditure of $1 billion. Off-grid diesel- and gasoline-fueled
electric generators have   emJssions burdens that
are 3- and 4-times those of average grid electricity in California. It
requires 70 gaJJon of diesel fueJ to produce one indoor Cannabis
plant (or the equivalent yield per unit area), or 140gal!on with
smaller, Jess-efficient gasoline generators.
Jn CaHfomia, the state, indoor cultivation is
responsible for about 3% of all electricity use. or 9% of household
use.
2
This corresponds to the electricity use of 1 million average
California homes. greenhousehgas emissions equaJ to those from
1 million average cars. and energy expenditures of $3 billion per
2
This Js somewhat hi_gJ1er than estimates previously made for British
Cotumbia, specifically. 2% o( total Provincial electrictty use or 6% of re.,:idenUaI
use (Garis, 2008; Be/!ett, 2010).
Please cite this article as: Mills. E. The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10.1016/j.enpol.2012.03.023
E. Mills f Energy Policy I (am} IB-fD
3
''
-
.

Vehicles
High-intensity lamps -:·. , t:.-

• J •>- • , 1 · J,,J.. Water purifier
Heater r.
\..:
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i f
Mechanically
v&ntHated light fixture
.
co,
gener.ator

water hea1er

Pump
WatE-r
hatidling
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coz
PI"Odunion
'"'
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generator
Powered
carbon filter
-
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r<>ndilionin.r.
19'1:
Drvinp,
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f
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· ..
4600
keCU/kg
Indoor


lil

   
Ballast
Motorized lamp
raifs
Oscillating fan Dehumidifier
Room fan
ln-Une duct fan,
coupled to lights
fig. 1. Carbon footprint of indoor Cannabis product:lon.
Table 1
Carbon footprint
of indoor Can11abis pmdtlctioo, by en<I use ( averag.e U.5
conditions}
Energy intensity Emissions {J<gCO;r
(kW/h/kg yield) yield)
Wghting
2283
1520 33%
Ventilation & 1848
1231 27%

Afr conditioning 1284 855 19%
Sp.;ice he.at 304
202
••
CO;; injecred lo 93
82 2%
increase foliage:
Water handling 173 115 2%
Drying 90
60 1%
Vehides
546
,,.
Total
607< 4612 100%
Note: Tbe tafculatlons are based on carbon burdens of0.666 kg/kW/h.
··co
2
injected to increase foliage" reptesents combustion fuel to make on·site
Ass-umes 1S% of efectridty is prod1,11:ed ln generators.
year. Due to higher eJectricity prices and cleaner fueJs used to
make electricity, California incurs 50% of nationaJ energy costs but
contributes onJy 25% of national C02 emissions from jndoor
Cannabis cultivation.
From the perspective of individual consumers, a single Cannabis
cigarette represents J .5 kg ( 3 pounds) of C02 emissions, an amount
equal to driving a 44 mpg hybrid car 22 mile or running a 100-watt
light bulb for 25 h, assuming average U.S. electricity emissions. The
electricity requirement for one single production module equals that
of an average U.S. home and twice that of an average Califumia
home. The added electricity use is equivalent to running about 30
refrigerators.
From the perspective of a producer, the national-average
annual energy costs are approxJmately $5500 per module or
$2500 per kilogram of finished product. This can represent half
the wholesale value of the finished product {and a substantially
lower portion at retail), depending on local conditions. For
average U.S. conditions, producing one kilogram of processed
Cannabis results in 4600 kg of C0
2
emissions to the atmosphere
(and 50% more when off-grid diesel power generation is used). a
very significant carbon footprint. The emissions associated with
one kilogram of processed Cannabis are equivalent to those of
driving across country 1 J times in a 44-mpg car.
These results reflect typical production methods. Much more
energy-intensive methods occur, e.g., rooms using 100% recircu-
lated air with simultaneous heating and cooling, hydroponics,
or energy end uses not counted here such as well-water pumps
and water purification systems. Minimal information and con-
sideration of energy use. coupled wjth adaptations for Sffurity
and privacy (off-grid generation, no daylighting, odor and noise
control) lead to parcicuJarly inefficient configurations and corre-
sponding)y elevated energy use and emissions.
The embodied energy of inputs such as soil, fertilizer. water,
equipment, building materials. refinement, and retailing is not
estimated here and should be considered in future assessments.
The energy use for prodocing outdoor-grown Cannabis (approxi-
mately two-thirds of all production) is also not estimated here.
Please cite this article as: Mills. E .. The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
l 0.1016Jj.enpol.2012.03.023
4 f, Mill.5 /Energy Policy 1: (nH) rff-111
Table 2
Equivalendes.
Jndoor Cannabis production consumes ..
"'
oJCallforni<i"s €ct.al
electdcJcy, and
U.S. CJ.nnabis production & (!istrlbution SG Blllion, am! results in rhe
ienergy costs ... emissJons of
U.S. electrldty use for Cannabis 1.7 Million average U.S.
productitm is equivalent to that of.. homes
Calirornia Cannabis production and 53 Billion, and results in rhe
distribUllon energy costs ... emissions of
California .electricity use for Cannabis Mf!Jion d'ver.:ige CaJifornfi;
produclion is equivalenr to that of,. homes
A typical 4 )I:. 4 x 8-ft production module, Average US. Jwmes, or
accomoda!ing four plants ;it a time,
consumes as much electricity as ..
Every 1 kilogram of cannabis prodm::ed 4,3 Tonnes of C02
using national-average grj(,f power
results in the emissions of, ..
Every 1 kg orcann.:ibis produced using CJ 4.6 Tonnes of C0
2
prorated mix of grid and off-grid
generators results in the emissions
of .. ,
Every t kg nf C;innabis produced using
•••
Tonnes of C02
off-grid gencraton results in the
emissions oL ..
Transport:ition (wholesak-trctall) 226 Liters of gasoline pe1 kg
consumes ...
One Cannabis cigarette jJi like driving ... 3? km in d 5.3 1/100 km
(44 mpg) car
Of the total wholesale price .. 49" ls for energy (at avtrage
U.S. prices)
If improved practices applicable to commercial agricultural
greenhouses are any   such large amounts of energy are
not required for indoor Cannabis production.
3
The appJication of
cost-effective, commercialiy-avaHable efficiency improvements to
tbe prototypical facility modeled in this article could reduce
energy intensities by at least 75% compared to the typical-
efficiency baseline. Sud1 savings would be valued at approxi-
mately $40.000/year for a generic 10-module operation (at
California energy prices and $10,000/year at U.S. average prices)
(Fig. 2(a)-(b). These estimated energy use reductions reflect
practices that are commonplace in other contexts such as more
efficient components and contro1s (lights. fans, space-condition·
ing). use of daylight. optimized air-handling systems, and reloca-
tion of heat-producing equipment out of the cultivation room.
Moreover, strain choice alone results in a. factorMof-two difference
in yields per unit of energy input (Arnold, 201 J ).
3' See, e.g .. this llniverstry of Mic:hlgan bttp:fl\VW\'11.hJt.mso.edu/
energy/DefauJt.Jitm
9% of Califomia's
'"
of totdJ 11.S, 2% ofU5.
household electricity
electricity. household
and clectr!city
IS Million tonnt?s per Equal to 'the
3 million
year of greenhouse emissions of
average cars
gas emissions {CO?)
(>( 7 Aver.age U.S. power
plants
4 Million tonnes pet Equal to the
l
Million
ye.;r of greenhouse emissions of
average cars
gas emissions (C02)
2 Average California or
29
Average new
homes
refrigerators
Equiva- 7 Cross-country uJps
fcnC to in a 5.3 1{100 km
{44 mpg) car
Equiva- 8 Uoss--counrry lfips
lent to in a 5.3 1/100 km
(44 mpg) car
Equiva- 11 Cross-countJY trips
Jent to in a 5.3 1{100 km
{ 44 1np g) car
Or Sl Billion dollars
S46 Kilograms of
annually. and
C02 pe-r
kilogram of
final product
Emitting 2 kg of C0
2
, whicl:) is
2S Hours
about equi'Yalent to
operatiJlg d 100-w;i.n
Iighr bulb for
5. Eneigy intensities in context
Policymakers and other interested parties will rightfully seek
to put these energy indicators in context with other a.rtiv:ities in
the economy.
One can readHy identify other energy end-use activities with
far greater impacts than that of Cannabis production. For example,
automobiles are responsible for about 33% of U.S. greenhouse-gas
emissions (USDOE, 2009). which islOO-times as much as those
produced by indoor Cannabis production (0.3%), Tue approxi-
mately 20 iW/hfYear estimated for indoor cannabis production
is about one/third that of U.S. data centers (US EPA. 2007a.
2007b), or one-seventh that of U.S. household refrigerators
(USDOE. 2008). These shares would be much higher in states
where Cannabis cultivation is concentrated (e.g., one half that of
refrigerators in California (8rown and Koomey, 2002)).
On the other hand. this level of energy use is high in compari-
sion to that used for other indoor cultivation practices. primarily
owing to the lack of daylighting. For comparison; the energy
intensity of Belgian greenhouse.s is estimated at approximately
1000 MJ/m
2
(De Cock and Van Lierde, No date), or about 1% that
estimated here for indoor Cannabis production.
Please cite this article as: Mills, E., The carbon footprint of indoor Cannabis production. Energy Policy (20!2), http:f/dx.doi.org/
10.1OJ6/j.enpol.2012.03 .023
E. Mills I F.nergy Policy I (11n-) 111-tlf
5
Table J
Energy indicators (aver:ige U.S. conditi1ms}.
Energy use
Connected load
Power density
£leer
fuel ro i:mJ:e C02
Transportation fuel
res>Jlts
Energy cost
Energy cost
Fr.action of wholesale price
C0
2
emissions
C0
2
emissJons
results (diesel)
Energy cost
Energy cost
Fr.action of wholesale prire
emissions
emissions
Blended on/of( grid results
per cycle, per
produaion
module
27S6
03
27
846
1936
1J83
2982
Energy cost 897
Energy cost
Fracdon of wholes.;ile price
C0
2
emissions
C0
2
e_mjssions
2093
Of which. indoor C02 9
production
Of whkh, vehicle use
f'UE'l use
During production
DistJibutioo
Cost
During production
Pistribution
Emjssions
per year, per
produdion
module
3,225
2,169
12.898
J.6
127
3.961
l,866
47%
9,0SS
4.267
5,536
2,608
65%
13,953
6,574
4,197
1,977
49%
9.792
4,613
47
79
147
77
143
191
During productton
Distribution
355
(watts/module}

{kW/hf module}
(GJ)
{Gallons
S/module
$/kg
kg
kg/kg
$/module
$/kg
kg
kgCO,/kg
Sf module
$/kg
kg
kgC0
2
/kg
kgC02
Ulers/kg
liters/kg
$/kg
$/kg
kgCO,/kg
kgCO,/kg
Energy intensities can also be compared to those of other
sectors and activities,
• Pharmaceuticals - Energy represents 1 % of the value of
U.S. pharmaceutical shipments (Galitsky et al .. 2008) versus
50% of the value of Cannabis wholesale prices. The U.S.
"Pharma" sector uses Sl billion/year of energy: Indoor Canna-
bis uses $6 billion.
s Other industries - Defining "efficiency" as how much energy is
required to generate economic value, Cannabis comes out the
highest of al! 21 industries (measured at the three-digit SIC
level). At -20MJ per thousand dollars of shipment value
(wholesale price), Cannabis is followed ne><t by paper (-14),
nonmetallic mineral products (- lO), primary metals (-8 ),
petroleum and coal products ( -6), and then chemicals (-5)
(Fig. 3 ). However, energy intensities are on a par with Cannabis
in various subsectors (e.g., grain milling. wood products, rubber)
and exceed those of Cannabis in others (e.g., pulp mills).
e Alcohol- The energy used to produce one marijuana cigarette
would also produce 1 B pints of beer (Galitsky et al., 2003 }.
• Other building typ€s - cannabis production requires 8-times
as much energy per square foot as a typical U.S. commercial
building (4x that of a hospital and 20x that of a building for
religious worship), and 18-times that of an average U.S. home
(Fig. 4).
a

8000
!
7000
I

Q
I
·•
"
:!JJOO
Jl

1000
{'
• D
u
b
3000


2500
ll

2000

"


;,.
1500
ii
1000
"
,,
·cr
]
600
ill
0
Worst
""
Worst
Average
 
I
Average
lmpro'ICd
.. Vehicles
Ii' 002 itljec!ed Jo itlmoase foliagl!
&S,PaU! '111&!
E Air col'l(fi!ioning
, Cali!orl'l1a reslden-11<!.!
elec!ric.oty pJic,:i.

e!ecifil;>ly ptlcc
,,..
Improved
F:ig. 2. C<irbon footprint and energy cost for three levels of efficJency. (.1) rndoor
cannabis: carbon footprint. (b) Indoor cannabis: eJe<:tricicy cost Assumes a
wholesale price of S4400/kg. Wholesale prices are highfy vari.lb)e and poorly
documented,
.....,,.,
& tO 12 H 18 ta :to

' .
J1g. 3. Comp<iracive: energy intensities, by sector (.2006J
6. Outdoor cultivation
Shifting cultivation outdoors can nearly eliminate energy use
for the cuJtivation process. Many such operations, however, require
water pumping as well as energy-assisted drying techniques.
Moreover, vehicle transport during production and distribution
remains part of the process, more so than for indoor operations.
A common perception is that the potency of Cannabis
duced indoors exceeds th01t of that produced outdoors, leading
Please cite this article as: Mills, E., The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
l 0.1016/j,enpol.2012.03.023
6 E. Mills I Energy Policy 1 (dUJ u1-11r

"
.....
WMfhain:•
"""'"""'--"
·-·
l'dmtl)' 'llllf8V (MJ/m?-y911r)
'OtilttatOO
.
""
Fig. 4. Compar.ulve energy intensities:. by U.S. building type (2003 ).
"'
consumers to demand cannabis produced indoors. Federal sources
(National Drug Intelligence Center, 2005) as well as independent
testing laboratories (Kovner, 2011) actually find similar potencies
when besr practices are used.
Illegal clearing of land is common for multi-acre plamations, and,
depending on the vegetation type, can accordingly mobiJize green-
house-gas emjssions. Standing forests (a worst-case scenario} hold
from 125 to J 500 t of C02 per hectare, depending on tree species,
age, and location (National Council for Air .and Soil ln>:prove£nent,
201 o ). For biomass carbon inventories of 750 t/ha and typical yields
(5000 kg/ha) [UNODC, 2009), associated biomass-related C0
2
emis-
sions would be on the order of 150 kg COifkg Cannabis (for only one
harvest per location), or 3% of that associated with indoor produc-
tion. These sites typically host on the order of 10,000 plants,
although the number can go much higher (Mallery, 2011 ). When
mismanaged, the practice of outdoor cultivation jmposes multiple
environmental impacts aside from energy use. These include
estation; destruction of wetlands, runoff of soil, pesticides,
cides, rodentictdes. and human waste; abandoned solid waste; and
unpennitted impounding and withdrawals of surface water
(Mallery, 2011; Revelle, 2009). These practices can compromise
water quality, fisheries, and other ecosystem services.
7. Policy considerations
Current indoor Cannabis production and distribution practices
result in prodigious energy use, costs, and unchecked greenhouse-
gas pollution. While various uncertainties exist in the analysis,
the overarching ciuaUtative conclusions are robust. More in..-Oepth
analysis and greater transparency of the energy impacts of this
practice could jmprove decision-making by policymakers and
consumers alike.
There is little, if any, indication that public policymakers have
incorporated energy .and environmentaJ c<lnsiderations into their
deliberations on Cannabis production and use. There are addi-
tional adverse impacts of the practice that merit attention.
including elevated moisture levels associated with indoor cultiva-
tion that can cause extensive damage to buildings,• as well as
11
Fot' observations from the building inspettors comtnunity. see http:f/w111/\v.

Table A1
Config11r<1.clon, environmt'nl.il conditions, sct·points.
Production paramfift'S
Growing module
Number of modules in a room
Area o(room
Cycle duration
1.5
10
22
78
Production continuous throughout
the year
47
Illumfn.ttion
IJlumJnancc
Ump type
Watts/fa mp
.Sa!last losse-s (mix of magnetic &
digitol)
Lamps per growing module
Jlours/day
Days/cycle
D.aylighting
V.entilacion
Ducted with "sealed"
lighting comparrment
Room ventiJalion (suppiy and
exhaust fans}
filtrafion
Oscilatin& fans: per module, While
lights on
Water
Applkation
He.iting
Sp.ace conditioning
Indoor setpotnt - day
Indoor .setPQint - night
AC efficiency
t>ehomldification
Co
2
prodU<tion - target
conceotr<1tion (mostly natural gas
combustion in space}
Electric .space heating
Target indoor conditions
Fraction of lighting s.y.scem heat
productJon removed by
luminaire vemllation
Ba!Jasr loca1lon
Drying
Leaf phase
25 klux
Meta! halide
600
13%
l
18
18
None
150
30
Charcoal 61cers on
exhaust: HEPA on
supply
l
151
Electric submt>rsible
heaters
28
20
JO
7)1"24
1500
When lights off to
maint.lin indoor
setpoint
40-50%
30%
Jnside conditioned
space
Space conditioning, oscillating fans. 7
malntaining: S0% RH. 70-60f
a.ctrl<ity <UpplY
grid 85%
grid·Independent generation (mix 15%
or diesel, propane, and gasoline)
m
2
(excJ.
walking area)
m'
d.\ys
cycles
flowering
phase
100 klux
 
sodlum
1000
0,13
J
12
60
none
CFM/1000 W
of light {free
now)
ACH
litersJroom·
d•y
c
c
SEER
hours
ppm
Day,
electrical fires caused by wiring out of compliance with safety
codes (Garis. 2008). Power theft is common, transferring those
energy costs to the general public (Plecas er al., 2010). As noted
above, simply shifting production outdoors can invoke new
environmental impacts if not done properly.
Energy analysts have also not previously addressed the issue.
Aside from the attention that any energy use of this magnitude
normally receives, the hidden growth of electricity demand
in this sedor confounds energy forecasts and obscures
savings from energy efficiency programs and policies. For
pie. Auflhammer and Aroonruengsawat (2010) identified a
Please cite this article as: Mills, E., The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10.1016/J.enpol.2012.03.023
table A2
Assumptions: and conversion
Servi«> levels
Illuminance•
Alrchange rates*
Operiltions
Cyde duration....,.
Cydestyear-

Lighting
Leafing phase
Lighting onMtime"
Dur;ilion"'
Flowering phase
Lighting onMtimc*
Duration'"
Drying
Haursjday"'
Duration•
Equ'rpment
Average airMconditioning age
Air conditioner efficiency !Standards
incre;;.sed to SEER 13 on 1}23/2006]
fraction of lighting system heat produrrJon
removed by Jumlnaire ventllatiOn
Diesel generator efficieocy•
Propane generator efficiency•
Gasoline generator efficiency""
Fractlon of total prod'n with generators"'
Transportation; Production ph<ise {10
modules)
Daily seNict' (1 vehicle)
Biweekly setvke (2 v-e-hldcs)
Harvest (2 vehicles)
Total vehide miles"' ..
Transportation: Distribution
Amount transported whoJesale
Mileage (roundtrip)
Retail {02502 M 5 mi!es roundtrip)
Total*"'
ft.tel ecooom.Y. typical e<ir fa)
Annual tmissions. typical .car faJ
Annual emissions, car""'
CrossMcounrry U.S.
Fuels
Propane fhJ
Diesel lbl
Gasoline !bJ
Eleciric generation mix"'
Grid
Diesel generators
Propane genera.tors
GasoUne getieratocs
Ernlssions factors
Grid e-lcrtridty · · U.S. fcJ
Grid electrid'Y - CA jcj
Grid electricity- US. [cj
DieseJ
Propane generator""•
Casoiine generator
Blended generator mtx.-
flfended generatiori - CA-
Blende-d on/off-grid generation - U.S."
Propane C"ombustion
Prices
Electricity price - grid
(California - PG&E) {rlf
Electricity price - grid (U.S.) le]
ElectricUy price - off-grid-
Efectricity price - blended on/off - CAH
Electricity p1ice - blended on/-0ff - U.S.,.,.
Propane prjce [fl
Gasoline price - U.S. aver.age [f]
Diesel price ·- U.S.. .J:Yerage ffJ
25-100
30
78
47
96
18
18
12
60
24
7
5
IO
0.3
27'
2S%
15%
15%
25
78
l L1
JO
2089
5
1208
5668
6876
10.7
519$
0
2,S98
0.208
4493
25
38
34
85%
••
5%
2%
0.60.9
0.384
0.64B
0.922
0.877
1.533
0.989
(l,475
0,665
6.:1.1
0.390
0.247
a.390

0.268
0.58
0.97
1.05
E_ Mills/ EnerR}' Policy f (HIM) 111'-nr 7
1000 lux
Changes per hour
D:ays
Continuous
production
Cubk fC'Ct JIC'T
minute, per module
hrs/day
daysjcydc
hrs/day
days/cycle
hrs
days/cyde
Years
SEER
55kW
27iiW
5.SkW
Miles roundCriP
Trips/cycle. Assume
20% Jive on site
Trips/cycle
Trips/cycle
Vehicle miles/cyde
kg per trip
kmJcycle
VehlcleMkm/cydc

l/100km
kgC02
kgC02/mile
kgCO,.
kgCO;zfmiJ.e
km
Mj/liter
MJ/liter
MJ/!iter
share
'"""'
share
sb.are
kgCO,/kW/h
kgCO,jkW/h
kgCO,fkW/h
kgCO,/kW/b
kgCO,/kW/h
kgCO,JkW/h
kgCO,jkW/h
kgCO,/kW/h
kgCO,/kW/h
kgCO,(MBTU
per kWfh (Tjer S)
per kW/ti
per kW/h
per kW/h
per kW/h
$/IJter
S/bter
$/liter
T.abrr A2 {continued)
Wholesale prk"e of Cannabis [gf
Production
Plants per production mQdule"'
Net production per µroductiofJ module !hJ
U.S. produc:rion (2011) [ij
California production (2011) /iJ
Fracdon producfil indoors {i]
U.S. Indoor production modules••
C<iJlr indoor production modules"""'
Cigaritttes per kg"'*
Orher
Average new U.S. refrigerator
Electricity use o( a typic.i.J U.S. home·- 2009
UI
Electrlcit;v ust ot ;:i tYpicill California home -
2009 jk)
Noles:
4,000 $/kg
4
0.5 kgfc.ydc
10.000 metric tonnes/Y
3,902 metric tonncs/y
33%
1,570,399
612,741
3,000
450 kWlh/ye:;ir
173 kgCO,/y•:>t (U.S.
.;n1eragt-)
11.646 kW/hfyear
15,961 kWJh/year
•Trad€ and product litfrrature; inrervJews with equipment vendors.
""""Ca.tcul.ated from other vah.1es,
Notes for 1'able KL
(aJ. U.S. f:nvlronmental Protection Agency., 2011.
fb]. Energy facrors, U.S. Department of Energy. http:Jfv.,ww.eia.doe.gov/
cocrgye.xpJaineiJ/index.cfm?page=abour .. energy .units. j.Acce!!ied February 5, 2011 ).
(d. United States.: (US.DOE 2011 }; Califomi.l (Maniay et al .• 2002).
f dl Average pric:es paJd in Califo-mia and otber stares with invenedMblad: t.arlffs ate
very high beta.use virtually all com:umption is in the most expensive tiers. }{ere the
f'G&E tariff as of 1/1/1 l, Tier 5 is used as .;i. pro-)(y for California http:I/
www.pge.rom/rarJtf:s/Rt!sEle.c:Cut-rE'nt.>:Js, {Accessed February 5, 201 l). In practire a
wide mix of tariffs apply, .and tn 50rrle states no tier structure is in pli!Ce, or the
propartfonaliry of price to volurne is nominal.
[eJ. St.;ite-.(evcl residential prices. Wl"!ghted by Cannabis production (frorn Cettman.
2006) whh actuat cariffs and U.S. Energy Information Adrnimstration. "Average
Rct.ail t
1
rke offlectridtyto Ultimate Customers by Sector. by Statt", http://
www.eia.doe.gov/electridty/eptnJtable5_.6 __a.html, (J\Ccessed February 7, 2011)
ff}. U5. Energy Information Adtninisfratlon. Gasoline and Diesel Fuel (as of
2/14}2011) - see http:/lwww.ei-..gov/oog/info/gduJgasdlesel.asp Propane
.. prop .. a_.EPLLPAYTA_,dpgal. m.htm, (Accessed
April 3, 2011).
lg]. Montgornery. 2010.
fhl. Toollt'n e-t al. • .2006): Pkcas et <1L 2010.
fil. Total Production: Tbe Jower \'alue of 10,000 t per year ls coDServatiVely retained.
Were this base .;iidjusted to 2011 values usitl8 10.9%/year nl!t increase lo number of
ronsumers between 2007 and .l009 per U.S. or Health <Ind Human
SeNices (2010), the result would be approximately 17 mlllion tonnes of total
production annua.JJy (indoor and outdoor). Indoor Share of Total Production: The
three-fold chaoges io potency over the past two decades. reported by fedt>ral
sources, arc attributed at le.a.st in part to the $hifl towards mdoor cultivation see
http:l/wwwJustice.gov/ndicfpubs37/37035fn.tttionaLhtrn and {Hudsor1, 200.1). A
weigh.tedM.avt"rage potency of 10%'. THC {U.S. Offir.e of Drug Control Policy, 2010)
reconciled with assumed 7.5% potency for outdoor production and IS% for Indoor
production implies 33.3.%::67.7%. indoor::outdoor product.ion shares. tor reference,
as of 2008, fil: of ecadicated plants were from indoor oper.ations. which .are mort'
difficult to detect tOOl'l outdoor Operations. A 33% Jndoor share, combined with per-
pJant yields from Table 2. would c:orrespond to a 4% er.adkation success r.;ttc tor tbe
levels reported (415,000 Jndoor plants erad!caced in 2009) by the U.S, Drug
Enforcement Agency (httP://www.justice.gov/dea/prop,ramsfrnarijuanablm}.
Assuming 400,000 members or medical Cannabis dispensaries 1n Caltt'omia {each
of which is permitted to cultivate). and SOX of these produclnt in the generic
module tOQm assumed in this output would slightly exceed this study's
estimate of total statewide production. In pr<ictice, the vast majority of Indoor
production Is no do1..1bt conducted outside of the medical marijuana sys rem.
liJ- Total U.S., electricity sales: U.S. energy information .administration, .. retiiil sales of
electricity to ultimate customers: T<ital by end-use sector" htr.p:fjwww.eia.gov/
  .. l .html, {Ac«ssed M<irch 5, 201 l)
(k}, Califo1nia Ene1gy Commissi;}f), 2009: 2011.
statistically significant, but unexplained, increase in the growth
rate for residential electricity in California during the years when
indoor Cannabis production grew as an industry (since the mid-
l 990s).
Please cite this article as: MilJs, E., The carbon footprint of indoor Cannabis production. Energy Policy (201;1), http:fldx.doi.org/
10.1Ol6/j.enpol.2012.03.023
-"'
T._ble A3
.,
o-
. " Energy tnQdel.
_.,
O"'
ro
"'n ElECTR!CllY Energy Penetration Rating Numb2r or !riput energy per Units Haurs{day Hours/day O;iys/c.ycle (IW Days/cycle kW/h/cyde kW/hiyear per

"'""
(Watts Ot %1 4 x 4 x Bwft module (leafphase} (flower phase) phase) production
.,, Er production phast:) mcdule
" -·
modules served
,... "'
l:5 '"

Light
Ott!
  {1-fP.S} 100% 1,000 1 1,000 w 12. 60 720 3.3S9
!" "'
1Jal1<1.sts (losses) elei::t 100% 13% 1 130 w 12 50 94 438
o.,
Umps (MH) elect 100% 600 l 600 w
'"
18 194 910
"' ..
w;:: Ball.ist (lo$$1:s) deer 100% 0 l 78 w lB 18 25 118
Motorized raH motion elect 5' 5 l 0.3 w 18 12 18 60 0 l
g;;- Controllers elect so• 10 10 1 w 24 24 18 60 2 9
r'
Ventilation and motsturl! <:entrol
Lumioare fan5 {l!iealed from conclitioned ele:ct 100% 454 10 45 w 18 12 18 60 41 222
...
Space)
g
Main room fans - supply elect 100% 242 8 30 w JS 12 18 60 31 145
n
Main room fans - exhaust elect 100% 242 8 30 w 18 12
,.
60 31 145
"'

Grrulating fans (18") elect 100% 130 1 130 w 24 24
'"
60 24' 1,134
g
Oehutnidification elect 100% 1,035 4 259 w 24 24 18 60 484
O'
Controllers elect 50% 10 10 1 w 24 24 18 60 2 9
0
Spaceheat nr cooling ]'>
-g.
Rl!"Sistam:c heat or AC !Wbl!"n lights off] 90% 1.850 10 167 w 6 12 18 60 138 645
" c:;:irhon dioxide Tnjected to lncre<rse

"
""

f'.lrasitic elecrrfdry elect 50% 100 10 5 w 18 12 18 60 5 24
'
0
AC {see below) elect HJO%
';;
...,


Tn-line heater elei::t 5' 115 10 0.6 w 18 12 18 60 1 3
0. Oehumidiflcatioll ( 10% ;idder} elect 100% 104 0 26 w 18 12 18 60 27 1<6
"'
0
MonltorJcontrol elect 100% 50 10 5 w 24 24 18 60 9 44
Q' 0
....
Other
-
:;;i trrigatkm w.tte1' temperature control elect 50% 300 10 15 w 18 12 18 60 19
••
i'
"'
RE"circul.lting carbon filter [scaled room} elect 20% 1.438 10 29 w 24 24 18 BO 54 <52
.!
"' g. UV sreriiii:ation Elect 90% 23 10 2.1 w 24 24 18 60 4 18
a
<>;•
Imgatton pumplng elect 100% 100 10 10 w
, ,
18 60 2 7
'
"'
fumigation elect 25% 2ll 10 J w 24 24 18 60 1 4
Ii
Cl Drying
"'
"'
Dehumidification elect 75% J.035 10 78 w 24 7 13 61
::l
CircuJa.ting fans elect 100% 130 5 26 w 24 7 4 20

Heating elect 75% 1.850 10 139 w 24 7 23 109
Electriclt:y S.Ubblta! elect
2,174 10,171
gi Afr-conditioning 10 420 w ss.• 2.726
"'
Ug:hting 10 w 259 1212
l'.l! Loads rllat can be elect 100% J,277 10 w 239 1.119
g
Loads that c.an·t be rcmoted elect 100% 452 10 w 85 396
C02-production hear removal elect 4S% 1,118 l7 w 18 12 18 !iO -
·-
Q Electricity Tota! elect 3.22:5 w 2.75$ i2,B98
t:l
0
FUEi. Unlts Technology Rating Number of input energy per Hours/day Hours/day (leaf O;))ls{cycle GJ or- CJ or
"'
Mix (BTU/h) module (leafphase) (flower phase) (flower phase) kg:C02}cyde year ,...
"'
i:;irodU<:tion phase)
::; served
'F!·
-0:
On-site C02 prodm:rion
"
Energy use propane 45% 11.176 17 707 kj/h 18 12 18 !iO 0.3 1.5
c.
C02 production - > emissions kg/C02 20 93
51.
b
ExtcrnaJiy produced lndustrfa.I C0
2
S% 1 0.003 liters 18 12 18 60 0.6 2.7
g_
C02/hr
Weithted...average on-site/purchased kgC02 2 10
£. Mitts/ Enetgy Polir:y 1 (Mii) IH-IK 9
for Cannabis producers! produc.t.ion costs have
historically been accepuble given low energy prices and high
product value. As energy prices have risen and wholesale com-
modity prices fallen, high energy costs (now 50% on average of
whoJesale value) are becoming untenable. Were product prices to
fall as a result of legalization, indoor production could rapidly
become unviable.
for JegaJJy sanctioned operations. the appJication of energy
performance standards, efficiency incentives .and education,
coupled with the enforcement of appropriate construction codes
could Jay a foundation for public-private partnerships to reduce
undesirable impacts of indoor Cannabis cuitivation.
5
There are
early indications of efforts to address this.
6
Were such operations
to receive some farm of independent certification and product
labeling, environmental impacts could be made visible to other-
wise unaware consumers.
Aclmow!edgmeot
Two anonymous reviewers provided useful comments
that improved the paper. Scott Zeramby offered particularly
vaJuabJe insights into technology characteristics, equipment con-
figurations, and market factors that influence energy utiJjzation jn
this context and reviewed earlier drafts of the report.
AppeodixA
See Tables A1-A3.
References
Auflhammer. M., Aroonruengsawar A .. 2010. Uncert;1inty over Popufalion, Prices.
01
CJimate7 Identifying the Drivers of Ca)i!ornia:s Future Residential Electricity
oemand. Institute at (UC Berkeley) Working Paper. Augusr.
Anderson. C., 2010. Grow Houses GobbJe Energy. Press Democrat. July 25.See
< http: 00729664 ) .
ArnoJd, J., 2011. tnv-estigatlon of Relationship CannabJS Plant Strain and
Mass Yield of .Flower Suds. lfllrnboldt State University Proposal.
Barnes, a. 2010. Boulder Requires Medic.lf Pot Growers to Co Gleen. NewsFlrstS.com,
Colorado Springs and Ptleblo. May 19 (www.newsfirst5.com/ ... /boulder-requires-
, (.;uxessed June 4. 201 l J
Bcllect, c: .. 2010. Pot growers steaJing $100 mUJion in electrkity; 8.C. Hydro
€ found SOO Gigawatt hours stolen each year. Alberni Valfey Times.
October 8.
Brady, P., 2004. BCs million dol1ar grow sbows. Ulllnabis Culture. <http:/fwww.
cannabisculrure.com/articles/3268.html >. (accessed June 4. 2011 ).
.Brown R.E., Koomey, JG •• 2002 . .Electricity use in CaUfornia: past trends and
usage patterns. Lawrence Berkeley National Laboratory Report No
47992 ( http:JjenduseJbi.govf info/!.BNL-47992.pdf) .
california Energy CommiS$iOn, 2009- Ca!jfornla enetg)' demand: 2010-:!020 -
adoptc-d forecast. Report December 2009 (iJJdudes
self-generation).
catifornfa Energy Commission, 2011. Energy almanac. ( http:f/energyalmaJJac.r..a.
  February l?, 2011).
Caulkins. P., 2010. Estim;.ted cost of production fOI .legahzcd Cannabis, RAND
Working Paper, WR-764-RC.July. A!though the study over·estlmates the hours
of Jigi}tfng requirE<l. it under-csrimates che eJectricat demand and applies
energy prkes: that (aJ/ far short of the Inclining ma:rgill<ll·cosr tariff structures
•ppUcabTe fn many states, particularly Californta.
Central VollJJey High Intensity orog iraffiddng Area (HIDTA), 2010. Marijuana
Production in caiifomia. 8 pp.
Clapper, J.R .. et at. 2010. Anand.amide .suppresses pain init_iation through a
peripherill endocannabinoid mechanism. Nature Neuroscience. 13, 1265-
1270, doi: 10.1038/nn.2632 ( http:Jlwww.nature.comfneurojjourn.ilfv13/n 10/
fuU/nn.2632.html ).
:> The City of Fort Bragg, CA. has implemented elements of rhi:; Jn rm.r 9
Public Peace. Safety, & Morals, chapter 9.34. http:/JcityJortbraBS.com}pagesf_searcbRe
sul3.las:so?
viewResufr#9.3:Z.O
6
For f'Xample. rhe City t:>f BooJder. Colorsido. reqtiires: med.ic.ll Cannabis
producers to offset their emissions (Barnes. 2010),
De Code, L. van Llcrde, D. No Date. MoJJitoring Energy Consumption in &elgfan
CJasshousc Honiculture. Mhtisrry of Small Enrerprise..s, Trades and Agrirulcure.
Center of Agricultural Ec:onomic.s, Brussels.
Easton, S.T., 2004. Crowth in Bridsh Columbia Simon Frasier University,
78 pP.
C;illtsky, CS.-C. Chang, E. Worrell, Masa:net. E .. 2008. Energy effkiency improvement
.and cost saving opporruniric-s for tflf' pharmareutlcal Industry: an ENERGY srAR
guide for energy and plant l..awrrnce Berkcle:y National Labor.;iitory
Report 64806. (http:/lies.lbl.,gov/iespub.s/628<l6.pdf).
G.ajjtsky, C.N. Manin, E. Worrell, Lehman, .B .. 2003. Energy efficiency jmprovement
.md cost saving opportunities for breweries: an ENERGY STl\Rguide for energy
.and pJ.;i:nt managers, LaWTeJJCe Berkeley National laboratory Report No. 50934.
(www.energystat.gov/talbusiness/industry/l.BNL-50934.pdf).
Garis. L .. 2008. Eliminating Haurds Associated with Marljuana Grow
Operatlons and The Regujation of Hydroponics £quTpment, British Co/umbla'.s
Public Safety EJf!(triul Fire- .and Safery tnitianve, Fir(: Chiefs Association of
BritisJ1 Columbia, 108pp,
Cectrnan.j.. 2006. Marijuana rroducticm in the United States. 29pp. (http:/lwww.
drugscience.org/Atchtve/bcr2/app2.btml ).
Harvey, M., 2009. C.ltlfOTni.ili dreaming offul! marijuana leg;ilisation. The Sunday
Times, (September). (http://business.timesonllne.co,uk]tol/business/ll'ldus
uy _secttrrs/he.althf ardclil!6851523.«e) _
Hudson, R., 2003. M.a1ijuana Availability in ThP: United States and its Associated
Territories. Federal Research Division, Library of Congress. W.;ishington, D.C
(December). l29pp.
f<oomey. J., ct al. 2010. Defining a staJJd01rd menk for electricity savings.
EnvirorunentaJ Re.search letters. s. http:fldx.doi.orgf10.1088f1748-9326/5/l/
Ol4017.
Kovner, G., 2011. Notch coast: pot gro\.vfng power grab. Press Democrat. (hrtp:/J
www.pres!;detnocrat.com/artide/20I 10428/AIITICt.ES{l

Lehmotn, P., Johnstone. P .. 2010. The dimate-kfllert inside. North Coast Journal,
Mardl 11.
Mallery, M., .2011. Marijuana national forest: encroachment on California public
]ands for Cannabis cultivation. Berkeley Undergraduate Journal 23 (2), 1-49
< http:l/escbola rshlp.org/t1c/our..bl3j?volmne.::.2J; issue::.2 } .
Marnay. c .. Fisher, D., Munishaw, s .• Ph.'.ldke, A .. Price, L, Sath.iye, J .. 2002.
Estimating c.arbo11 dioxide factors fur the California electric power
sector. Lawrence Berkeley National tabarottory Report No. 49945, ( tntp:f/
indusrrk'.IJ-energyJbl.gov/hode/148) (accessed February 5, 2011 },
Mills. i-:., 201 L Energy up in smoke: the urban footprint of lndoor Cannabis
production. Energy Associ"-tC$ Report. Aprll 5. 14 pp.
Montgomery. M .. 2010. Plummetlng marijuana prices create a p.anic in Calif.
< hm>:flwww.npr.org/temp:ta.tc$/stosy/s1ory.php?sloryld=-126806429).
National Drug lntrlllgence Center. 2005. Ulegal and Unauthoriled Activities on
PUblk l.and.'i.
Overcash, Y., Li, E.Griffing, Rlre, G .. 2007. A lire cycle inventory of carbon dioxide as
a soJvent and .ldditive for industry .and ln prOOucts. JourMI of
Technology and Biotechnology 82, 1023-1038.
Peplow, M .. 2005. Marijuana: the dope. Narure doi:t0.103B/news050606-6,
( http:! /www.nature..comf oewsf200S/050607 ) ,
Phillips, H .. 1998. Of pain aruJ pot plan1s. Nature. hn:p:lfdx.doi.orgjJ0.1038/
news981001-2.
l"'lecas, .OJ., Oiplock. L.. Garis, a .. C.irlisle, P., Ne-al. Landry, S .• 2010. JcurJJal of
Criminal justice R.eseatdl 1 (2), 1-12.
Quinones, s .. 2010, Indoor pot makes cash. but isn't green. SFG.lte. (http:Jjwww.
sfgate.comjtgl-bln/.:irtlcle.cgi?f•/<"/a/2010/10/21/BAPOlfU9MS.Dlt }.
Revelle, T., 2009. Environmem:al impacts of pot growth. 2009. Ukiah Daily joumaJ.
(posted ;tt <
envitonmental-imp.11cts-of-pot-growth/).
Rorb. M.D,, 2005. Phannacalogy: marijuan;ii and your heart. Naturf' http:lfdx.doi.
org/ 10.1038{ 4 34708<1 ( http:l/www ..nature.<0m/nature/j;::lurnal/v434/n7034/
tullf434101Ja.htmf).
See ChJ.oge Scrategy, 2011. The State of the Medlcal MarJjuan;:a Markets 201 J,
http;Jlmedic::lmarijuanamarkeb.com/) .
National Council for Afr and Soii Jmprovrment. 2010. GCOl£: Carbon On Une
Lsdmator. (hrtp:lfwww.nc.1sil.orgfGCOI£fgcole.shtml ), {accessed Sepember 9,
2010).
Toonen. M.,Ribot, 5., Thissen,]., i006. Yield of illicit indoor Cannabis cultiv<ition in
the of Forensic Sdc-m:e 15 (5), 1050-1054 (http:flwww.
n<:bi.nlm.nih.gov/pubmcd/17018080>.
us. Dep;1rtment of EnefID', Buildings Energy Data Book, 2008.   Energy
End-Use Split!>, by fuel Type, Table 2. l .5 < http:/{buiktingsd.itabookeren.doe.
gov/docsfxls_pdr/2.1.5.xlsx).
U.S. Department of Energy, 2009. "Report DOE/EJA-OS73(2009), Table 3.
U.S. Depattmeot of Energy. 2011. Voluntary Reponing of Gases
program ( http:flW\vw,eia.doe,gov/oi<if/1605/ce-!atlors.htmt ). {aceessed
ruary 7. 2011 )_
U.S. Department of Health and Human Services, 2010. 2009 National Survey on
Drug Use and Health. < http:f{Das.s.amhsa.gov/nsduhLatest.hrm >-
US. Dep.anmcnt of ]ustic:e, 2011.'!I. Domestic Cilnna.bls Eradication and Suppression
Program. ( http;{fwww.junlc:e.govjdea}programs/mdriju.ana.htm), (accessed
June 5, 2011 ).
U.S. Depi!rtment o( 201 lb. National Drug Threat Assessment: 2010
) ,
(accessed June S, 2011).
Please cite this article as: Mills, E .. The carbon footprint of indoor Camuibis production. Energy Policy (2012). http://dx.doi.org/
Jo. J Ol 6/j.enpol.2012.03.023
JO
E.. Mills J Energy Policy I (Dtt) Ml-ltl
us EPA. 2007;i. Report to Congress on Server and Data Center Energy Effl<:lency:
Public L:lw 109-.<131. Washingron, DC: U.S. Environmenral ProtecrJon Agency,
ENERGY STAR Program. August 2.
u.s. Environmental Protection Agency, 2007b. Reporr ro Congress on Server and
Oar.t Center Energy fftidency Publk law 109·431 133 pp.
U.S. Environmental Protection Agency, 2011. Emission Facts: Average Annual
Emissions and Fuel Consumption For P.uSt:nger Cars and Llght Trucks. (http://
www.epa.govJoms/corisumer/f00013.htm). (accessed J:ebruary 5. 2011).
U.S. Office of N<itionaJ Drug Control Policy, 2011. Marijuana Faru and Figures.
(htrp:lfwww.whitehollsedou.gpolicy.gov/drugfact/marljuana/marlju<1.n;;a_ff.
htmf#extentofuse). (accessed June 5, 201 I).
UNQDC, 2009. World Drug Repon: 2009. United Nations Office on Drugs and
Crime, p. 97. ( hl.tp:flwww_u nodc.oJX/unodc/enfdar.a-and-anaJysisfWDR-2009.
html) For U.S. crniditions, indoor yields per unit area are ~ s d m   t e d as up ro
15-rlmes greater than outdoo1 yields.
Please cite this article as: Mills. E., The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10, 1016/j.enpo!.2012.03.023

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