CannabisLicensed Cultivation Sites
Section § 26060
This section defines cannabis as an agricultural product and outlines rules for its cultivation in California. When issuing cultivation licenses, environmental concerns like water use and ecological impacts must be considered. If significant environmental harm is found, no new licenses will be issued in the affected area. All cannabis must be labeled with a unique identifier, and devices used for sale must meet certain standards. The Department of Pesticide Regulation sets guidelines for pesticide use, prohibiting banned pesticides, and ensuring compliance with farming regulations.
Section § 26060.1
If you're applying for a license to grow cannabis, you need to say where your water will come from. If it's from a water company, just name the supplier, but there are extra rules if the supplier is small or you use a lot of their water. If you're diverting water from a source, you must provide details like where it's being diverted from and how much, along with certain paperwork, especially for applications before or after 2019. Groundwater users must specify the location and amount used. The department will include specific environmental and wildlife protection conditions in your license. They also require you to comply with streambed alteration rules. The department won't check if you're following rules from wildlife and water agencies but will act if violations are reported to them.
Section § 26061
This section outlines various types of licenses for cannabis cultivation in California. Each license type is based on factors like the size of the growing area and the lighting used. Smaller operations are categorized as Type 1 to 3, with specific subtypes like outdoor or indoor cultivation. Larger operations are categorized as Type 5 licenses, but these cannot be issued before January 1, 2023. After this date, Type 5 licenses for large-scale cultivation can be combined with certain processing and retail licenses, but not with others. Only nursery-type cultivation can apply under Type 4. Specific limitations apply to Type 5 license holders, preventing them from holding certain distribution-related licenses.
Section § 26061.5
Starting March 1, 2024, cannabis cultivators in California can change their license types to smaller ones at renewal, or even put their licenses on hold. When in inactive status, they can't grow cannabis but can manage prior harvests and maintain seeds. They pay less for the inactive license but must still follow all regulations. A one-time option to change the renewal date is also allowed. The department can create urgent rules to implement these changes quickly.
Section § 26062
This law section outlines plans for creating certification programs for cannabis and cannabis products in California to ensure they meet standards similar to organic goods. By July 1, 2021, the Department of Food and Agriculture and the State Department of Public Health were required to set up these programs. They can charge fees, deny or revoke certifications, and impose fines up to $30,000 for violations. Anyone penalized can request a hearing. Funds collected will be used for program administration. If the National Organic Program eventually includes cannabis, this section will be repealed.
Section § 26062.5
This law states that a person can't label cannabis as 'organic' unless it meets the standards set by the National Organic Program. Also, any certification or designation for cannabis products by the California Department of Food and Agriculture or the State Department of Public Health must follow the specific rules they set.
Section § 26063
This law outlines how cannabis producers can label where their cannabis comes from. By January 2018, specific standards must be set for using a county, city, or city and county name. To use these labels, 100% of the cannabis must actually come from the area. By January 2022, guidelines for 'appellations of origin' will allow producers to specify that their cannabis comes from a certain geographical area in California, and 100% of the product must meet these standards. Fees can be collected by the Department of Food and Agriculture to manage these duties. Cannabis claiming an appellation of origin also can't be grown using certain structures or artificial lights.
Section § 26065
If you work for a company that grows cannabis, the rules about wages and working conditions from Wage Order No. 4-2001 will apply to you.
Section § 26066
This law states that anyone growing cannabis, whether indoors or outdoors, and who holds a license, must follow both state and local laws that deal with things like land use, building and fire safety, and environmental protection. Different state agencies will work together, often with local governments and police, to manage the environmental effects of growing cannabis and enforce the rules.
Section § 26066.1
This section allows the department overseeing cannabis cultivation to work together with local agencies or agricultural commissioners to help with tasks like inspections, administering rules, collecting fees, and educating the public about cannabis cultivation. While these local partners can assist, they cannot issue cultivation licenses—that's solely up to the department. Any fees collected are used to reimburse local agencies for their help, and the department must inform other relevant state agencies about any agreements made. Importantly, these agreements don't take away the department's main responsibility to manage cannabis cultivation regulations.
Section § 26066.2
This law lets county agricultural commissioners report on cannabis growing in their areas, including details on acreage, production, and value, similar to reports for other agricultural products. They can organize the data into categories such as license types, local permits, and price tiers based on cannabis strains or production methods. Importantly, they cannot request reimbursement for report expenses from specific state funds.