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Cannabis grower fined $40k for environmental violations

Santa Barbara County
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The Santa Barbara County District Attorney's Office on Tuesday announced a settlement with 805 Agricultural Holdings, LLC for alleged Fish and Game Code violations.

Allegations state that the cannabis grower removed vegetation from a stream, graded a road through the stream and constructed hoop houses in the stream. Additionally, the company allegedly polluted the stream with diesel fuel, hoop houses, pesticides, herbicides, rodenticides, fertilizers, unconsolidated soil, and plastic irrigation pipes.

To resolve the allegations, 805 Agricultural Holdings, LLC will have to pay $40,000 to the following agencies:

  • $23,000 to Santa Barbara County
  • $3,000 to the Santa Barbara County Treasurer to deposit in the county Fish and Wildlife Propagation Fund
  • $3,000 to the California Department of Fish and Wildlife to deposit in the Fish and Game Preservation Fund
  • $1,800 to the California Department of Fish and Wildlife
  • $2,400 to the California Timber Regulation and Forest Restoration Fund
  • $1,800 to Santa Barbara County to reimburse District Attorney costs for investigation and prosecution.
  • $5,000 as cost reimbursement to California Department of Fish and Wildlife

Along with the fines, the cannabis grower is facing mandated compliance with Fish and Game Code provisions.

"Although cannabis cultivation is lawful under California law, with the appropriate governmental permissions," District Attorney Joyce E. Dudley said, "cultivators must comply with environmental laws like any other business."

805 Agricultural Holdings is among the businesses operated by Helios Dayspring, founder of the Natural Healing Center. Dayspring was recently charged in federal court with bribery and failing to report millions of dollars in income to the IRS. He reportedly agreed to plead guilty to the charges and admitted to bribing San Luis Obispo County District 3 Supervisor Adam Hill.

In a separate case, the DA's Office also announced a settlement with cannabis cultivator Medical Investor Holdings LLC, which does business under the name Vertical Companies.

The company was accused of Fish and Game Code violations including the grading of a road through the Santa Ynez River and preparing a five-acre area within the river channel for cannabis cultivation. That reported included hoop houses, underground piping, uncompacted soil, an electrical generator, and containers of fertilizer, pesticides, and herbicides.

Vertical Companies will have to pay $50,000 to the following agencies:

  • $30,000 to the County of Santa Barbara, for the enforcement of consumer protection laws
  • $5,000 to the Santa Barbara County Treasurer, for deposit in the County Fish and Wildlife Propagation Fund
  • $5,000 to the California Department of Fish and Wildlife, for deposit in the Fish and Game Preservation Fund
  • $3,000 to the California Department of Fish and Wildlife
  • $4,000 to the California Timber Regulation and Forest Restoration Fund
  • $3,000 to Santa Barbara County, to reimburse District Attorney costs of investigation and prosecution
  • Plus an additional $5,000 as cost reimbursement to the California Department of Fish and Wildlife

The landowner at 11 Mail Road in Lompoc, Divine Mercy Inc., will also be subject to the following provisions:

  • $250 in civil penalties to the County of Santa Barbara, for the enforcement of consumer protection laws
  • $2,500 as cost reimbursement to the District Attorney’s Office
  • $2,500 as cost reimbursement to the California Department of Fish and Wildlife
  • Environmental remediation and restoration pursuant to a Streambed Alteration Agreement at the direction of the California Department of Fish and Wildlife
  • Injunction mandating compliance with applicable Fish and Game Code provisions