MJBiz - July/August 2024 - 37

While these areas have their own
rules, there are some common
themes among the regulations,
most notably an effort to reduce
the cannabis industry's voracious
energy usage, Milton said.
" The first theme is: How do we
limit the overall energy intensity of
the industry, the lighting and the
HVAC? Those are the two biggest
areas that comprise cultivators'
energy use. States with mandates,
they address those two technology
types, " Milton said. For example:
CALIFORNIA: The state requires
that growers use an integrated HVAC
system with on-site heat recovery
for reheating dehumidified air as
well as a chilled water system with
on-site heat recovery for reheating
dehumidified air.
MASSACHUSETTS: Growers'
lighting power density (LPD) may
not be higher than 36 watts per
square foot of canopy-essentially, a
576-watt bulb for a 4- x 4-foot grid.
Licensees also can comply by using
lighting fixtures from the Design
Lighting Consortium's Horticultural
Qualified Products List that have
photosynthetic photon efficacy
(PPE) that is 15% above the DLC's
minimum.
ILLINOIS: The state has similar
rules to Massachusetts, except they
apply only to recreational cultivators.
Illinois cultivators, depending on
their size, must use ductless, split
HVAC units, variable refrigerant
flow HVAC units or similar energyefficient
HVAC options. Illinois
also mandates automated watering
systems and equipment for capturing
condensate.
NEW JERSEY AND OREGON:
Cultivation license applicants must
submit energy- and water-use plans
as well as waste-management plans.
Marijuana businesses can thrive in states that have cannabis-specific
environmental regulations, which are increasingly common.
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MASSACHUSETTS, NEW YORK
AND VERMONT: All require license
applicants and renewals to submit
an annual report showing their
energy, water and gas use.
REGULATORY ENFORCEMENT
IS DIFFICULT
While Milton and other industry
sustainability advocates welcome
a bigger focus by states to make for
a greener cannabis industry, they
said the measures often have only
marginal impact.
One problem is that these regulations
are hard to enforce, Milton said.
An exception is Massachusetts,
which requires an independent,
third-party energy evaluator to
certify that licensees are complying
with environmental rules. Evaluators
check what type of lights are being
used, how many there are and the
lighting layout, Milton said.
He also believes that state
regulators tasked with crafting
and enforcing environmental
rules should be better educated on
cannabis sustainability issues.
" The regulators need to get
educated around what the
regulations actually entail. They
have a checklist of stuff they need
to be looking for in the facility. All
the aspects, especially the energy
piece, can be very technical. The
inspectors are often not qualified
to be inspecting for energy
and environmental rules and
regulations, " Milton said.
Beyond that, regulators need to
educate growers about the rebates
that are available to them when they
buy energy efficient equipment.
Incentives and information
about that is more effective than
regulations that deter somebody,
Milton said.
mjbizdaily.com | July-August 2024 37
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MJBiz - July/August 2024

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