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California Cannabis Cultivation Licensing Rules | Canna Law Blog™

www.cannalawblog.com
Date:
Friday, May 5, 2017

The Medical Cannabis Regulation and Safety Act (“MCRSA”) left us with many questions regarding how cannabis cultivation would be regulated. But now that the California Department of Food and Agriculture (“DFA”), through its CalCannabis Cultivation Licensing division, dropped 58 pages of proposed regulations for the Medical Cannabis Cultivation Program we have plenty of answers. Though these rules are not final, they provide us with the general framework for the forthcoming medical cannabis cultivation (and processing) licensing regime in California.

“Cultivation” means any activity involving planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. And “Processing” means all activities associated with drying, curing, grading, trimming, storing, packaging, and labeling of nonmanufactured cannabis products. The rules define “Nonmanufactured cannabis product[s]” as dried flower, shake, leaf, and pre-rolls intended to be sold for use by medical cannabis patients. Nurseries are also encompassed within the cultivation rules, and are defined as licensees that produce only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. The rules governing cannabis manufacturing, including extraction and infusion, were developed by the Department of Public Health.

Specialty Cottage Outdoor ($65) – an outdoor cultivation site with up to 25 mature plants; Specialty Cottage Indoor ($100) – an indoor cultivation site with 500 square feet or less of total canopy; Specialty Cottage Mixed-Light ($285) – a mixed-light cultivation site with 2,500 square feet or less of total canopy; Specialty Outdoor ($130) – an outdoor cultivation site with less than or equal to 5,000 square feet of total canopy, or up to 50 mature plants on noncontiguous plots; Specialty Indoor ($1,070) – an indoor cultivation site between 501 and 5,000 square feet of total canopy; Specialty Mixed-Light ($555) – an indoor cultivation site between 2,501 and 5,000 square feet of total canopy; Small Outdoor ($265) – an outdoor cultivation site between 5,001 and 10,000 square feet of total canopy; Small Indoor ($1,935) – an indoor cultivation site between 5,001 and 10,000 square feet of total canopy; Small Mixed-Light ($1,105) – a mixed-light cultivation site between 5,001 and 10,000 square feet of total canopy; Medium Outdoor ($765) – an outdoor cultivation site between 10,001 square feet and one acre of total canopy; Medium Indoor ($4,260) – an indoor cultivation site between 10,001 and 22,000 square feet of total canopy; Medium Mixed-Light ($2,435) – a mixed-light cultivation site between 10,001 and 22,000 square feet of total canopy; Nursery ($60) – cultivation of cannabis solely as a nursery; and Processor ($310) – a cultivation site that conducts only trimming, drying, curing, grading or packaging of cannabis and nonmanufactured cannabis products. A document from the property owner that states the applicant has the right to occupy the property and acknowledges that the applicant may use the property for commercial cannabis cultivation; Property owner’s mailing address and phone number; and Copy of the lease or rental agreement, or other contractual documentation.