Supervisors Lead the Way on New Cannabis Odor Regulations

The Santa Barbara County Board of Supervisors unanimously approved the Cannabis Odor Abatement and Proposed Amendments Plan at their meeting on Tuesday, September 14th. Chair Laura Capps and Vice Chair Bob Nelson spearheaded the initiative to amend Chapter 50 of the county’s Code of Ordinances to address ongoing odor concerns related to cannabis cultivation. 

The changes apply to new and existing operations and aim to address the ongoing concerns of residents who have experienced significant disruptions due to strong cannabis odors emanating from cultivation sites. They also hope that the changes save time and money spent on litigation and appeals due to the odor issue and shift the burden away from the neighbors. According to a press release, over 3,700 neighbors have filed complaints regarding the odor from cannabis facilities since 2018. 

The proposal requires mixed-light cannabis operators to implement Multi-Technology Carbon Filtration (MTCF), which includes carbon filters or equivalent technology, in their facilities. MTCF is a powerful and advanced odor control system that goes beyond basic carbon filters to ensure the most effective removal of odors from cannabis cultivation facilities. 

The proposal also states that cannabis operators must adopt these changes within 12 months of the approved revisions. Supervisor Nelson noted that the 12-month period does not start today and that the project still has to be returned to the board for final approval after being heard by the County Planning Commission and the Coastal Commission. The revisions also state that the BOS will oversee exemptions, which they will consider case-by-case. 

Lisa Plowman, Director of Planning & Development, said operators who fail to implement these changes will be “out of compliance with our code” and that the board will consider revoking or suspending their licenses.

In a letter to the BOS, the City of Carpinteria supported the proposed changes, saying, “The city appreciates the county’s efforts to improve the current cannabis permitting process and welcomes the opportunity to continue to collaborate with the county on this important matter.” However, the city asked that the Board establish an odor threshold wherein the cannabis odor cannot cross the bounds of a facility and that the board includes regular odor monitoring and inspections of facilities. 

Supervisor Joan Hartmann requested that the revisions encompass not only carbon scrubbers and equivalent technologies but also implement any future, more advanced odor control methods. “We want something not just equivalent but better than,” she said. Before carbon scrubbers, vapor phase technology was the widespread odor abatement method used by operators. 

Hartman also highlighted how these revisions apply to indoor facilities, not outdoor ones, saying that the smell of outdoor facilities must also be addressed. “But Chair Capps,” she said, “I think we’re not done with this issue. Because it is a really important matter in my neck of the woods, and we have not fully resolved that.” Capps later agreed that the odor caused by outdoor cannabis is a separate issue that still needs to be addressed. 

One Carpinteria resident said that she and her husband have suffered from allergies and other health problems from the cannabis smell. “I am just so, so relieved that the supervisors are finally moving forward on some mitigation,” she said. 

Collin Dvorak, owner of Pacific Grown Organics, a cannabis greenhouse in Carpinteria, noted that carbon scrubbers are effective. “We’ve seen operations where that really is effective, and it does work, especially in those tight quarters in the center of Carpinteria.” However, he asked the supervisors to “keep an open mind” about the technologies available and how their effectiveness varies from farm to farm. 

David Van Wingerden, co-owner of cannabis farm Farmlane in Carpinteria, asked the supervisors to consider changing the mandate of multi-technology scrubbers. Van Wingerden shared that Farmlane supports using “carbon scrubbers” and that their single-technology scrubbers have worked for them just fine. “And since we installed them, like I said, almost four years ago, neither we nor the county have received any odor complaints at our farm.”

He said it would be a “financial burden” to make farms replace their simple scrubbers with multi-technology ones. “We are a prime example that simple carbon scrubbers are effective,” he said. He acknowledged that multi-technology scrubbers may be necessary in some areas but that it’s not true for every farm. “If what we have is working, why would we need better technology? It’s like if you have a car that works, why are you gonna buy a new one if you don’t need one.”

Ahead of his vote, Supervisor Nelson said that he would be “open” to hearing more about Farmlane’s success with simple carbon scrubbers. “It wouldn’t be my intention, if it is working, for them to have to replace those,” he said. But he acknowledged that this may require an additional investigation. 

Chair Capps hopes that these revisions can put the cannabis odor problem to rest, noting that it’s a common longstanding issue at county meetings. “The whole intention is to make people have a better quality of life who live next to operations,” said Capps. “And to, again, decrease the acrimony, decrease the litigation, decrease the complaints, the divisiveness within a community and to move forward.” 

The proposed regulations then passed in a 5-0 vote with the Supervisors. The County Planning Commission will discuss the changes on January 29th and on February 19th.