AB 2516, as introduced, Wood. Medical marijuana: state cultivator license types: specialty cottage type.
The Medical Marijuana Regulation and Safety Act provides for the licensure and regulation of commercial activities relating to medical marijuana, and establishes various types of state cultivator licenses to be issued to qualified applicants by the Department of Food and Agriculture.
This bill would also provide for the issuance of a Type 1C, or “specialty cottage,” state cultivator license, as specified, by the Department of Food and Agriculture.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19332 of the Business and Professions
2Code, as added by Section 1 of Chapter 688 of the Statutes of
32015, is amended to read:
(a) The Department of Food and Agriculture shall
5promulgate regulations governing the licensing of indoor and
6outdoor cultivation sites.
P2 1(b) The Department of Pesticide Regulation, in consultation
2with the Department of Food and Agriculture, shall develop
3standards for the use of pesticides in cultivation, and maximum
4tolerances for pesticides and other foreign object residue in
5harvested cannabis.
6(c) The State Department of Public Health shall develop
7standards for the production and labeling of all edible medical
8cannabis products.
9(d) The Department of Food and Agriculture, in consultation
10with the Department of Fish and Wildlife and
the State Water
11Resources Control Board, shall ensure that individual and
12cumulative effects of water diversion and discharge associated
13with cultivation do not affect the instream flows needed for fish
14spawning, migration, and rearing, and the flows needed to maintain
15natural flow variability.
16(e) The Department of Food and Agriculture shall have the
17authority necessary for the implementation of the regulations it
18adopts pursuant to this chapter. The regulations shall do all of the
19following:
20(1) Provide that weighing or measuring devices used in
21connection with the sale or distribution of medical cannabis are
22required to meet standards equivalent to Division 5 (commencing
23with Section 12001).
24(2) Require that cannabis cultivation by licensees is conducted
25in accordance with state and local laws related to land
conversion,
26grading, electricity usage, water usage, agricultural discharges,
27and similar matters. Nothing in this chapter, and no regulation
28adopted by thebegin delete department,end deletebegin insert Department of Food and Agriculture,end insert
29 shall be construed to supersede or limit the authority of the State
30Water Resources Control Board, regional water quality control
31boards, or the Department of Fish and Wildlife to implement and
32enforce their statutory obligations or to adopt regulations to protect
33water quality, water supply, and natural resources.
34(3) Establish procedures for the issuance and revocation of
35unique identifiers for activities associated with a cannabis
36cultivation license, pursuant to Article 8 (commencing with Section
3719337). All cannabis shall be labeled with the unique
identifier
38issued by the Department of Food and Agriculture.
P3 1(4) Prescribe standards, in consultation with the bureau, for the
2reporting of information as necessary related to unique identifiers,
3pursuant to Article 8 (commencing with Section 19337).
4(f) The Department of Pesticide Regulation, in consultation with
5the State Water Resources Control Board, shall promulgate
6regulations that require that the application of pesticides or other
7pest control in connection with the indoor or outdoor cultivation
8of medical cannabis meets standards equivalent to Division 6
9(commencing with Section 11401) of the Food and Agricultural
10Code and its implementing regulations.
11(g) State cultivator license types issued by the Department of
12Food and Agriculture include:
13(1) Type 1, or “specialty outdoor,” for outdoor cultivation using
14no artificial lighting of less than or equal to 5,000 square feet of
15total canopy size on one premises, or up to 50 mature plants on
16noncontiguous plots.
17(2) Type 1A, or “specialty indoor,” for indoor cultivation using
18exclusively artificial lighting of less than or equal to 5,000 square
19feet of total canopy size on one premises.
20(3) Type 1B, or “specialty mixed-light,” for cultivation using a
21combination of natural and supplemental artificial lighting at a
22maximum threshold to be determined by the licensing authority,
23of less than or equal to 5,000 square feet of total canopy size on
24one premises.
25(4) Type 1C, or “specialty cottage,” for cultivation using a
26
combination of natural and supplemental artificial lighting at a
27maximum threshold to be determined by the licensing authority,
28of 2,500 square feet or less of total canopy size for outdoor
29cultivation, or 500 square feet or less of total canopy size for
30indoor cultivation, on one premises.
31(4)
end delete
32begin insert(5)end insert Type 2, or “small outdoor,” for outdoor cultivation using
33no artificial lighting between 5,001 and 10,000 square feet,
34inclusive, of total canopy size on one premises.
35(5)
end delete
36begin insert(6)end insert Type 2A, or “small indoor,” for indoor cultivation using
37exclusively artificial lighting between 5,001 and 10,000 square
38feet, inclusive, of total canopy size on one premises.
39(6)
end delete
P4 1begin insert(7)end insert Type 2B, or “small mixed-light,” for cultivation using a
2combination of natural and supplemental artificial lighting at a
3maximum threshold to be determined by the licensing authority,
4between 5,001 and 10,000 square feet, inclusive, of total canopy
5size on one premises.
6(7)
end delete
7begin insert(8)end insert Type 3, or “outdoor,” for outdoor cultivation using no
8artificial lighting from 10,001 square feet to one acre, inclusive,
9of total canopy size on one premises. The Department of Food and
10Agriculture shall limit the number of licenses allowed of this type.
11(8)
end delete
12begin insert(9)end insert Type 3A, or “indoor,” for indoor cultivation using
13exclusively artificial lighting between 10,001 and 22,000 square
14feet, inclusive, of total canopy size on one premises. The
15Department of Food and Agriculture shall limit the number of
16licenses
allowed of this type.
17(9)
end delete
18begin insert(10)end insert Type 3B, or “mixed-light,” for cultivation using a
19combination of natural and supplemental artificial lighting at a
20maximum threshold to be determined by the licensing authority,
21between 10,001 and 22,000 square feet, inclusive, of total canopy
22size on one premises. The Department of Food and Agriculture
23shall limit the number of licenses allowed of this type.
24(10)
end delete
25begin insert(11)end insert Type 4, or “nursery,” for cultivation of medical cannabis
26solely as a nursery. Type 4 licensees may transport live plants.
Section 19332 of the Business and Professions Code,
28as added by Section 13 of Chapter 719 of the Statutes of 2015, is
29amended to read:
(a) The Department of Food and Agriculture shall
31promulgate regulations governing the licensing of indoor and
32outdoor cultivation sites.
33(b) The Department of Pesticide Regulation, in consultation
34with the Department of Food and Agriculture, shall develop
35standards for the use of pesticides in cultivation, and maximum
36tolerances for pesticides and other foreign object residue in
37harvested cannabis.
38(c) The State Department of Public Health shall develop
39standards for the production and labeling of all edible medical
40cannabis products.
P5 1(d) The Department of Food and Agriculture, in consultation
2with the Department of Fish and Wildlife and
the State Water
3Resources Control Board, shall ensure that individual and
4cumulative effects of water diversion and discharge associated
5with cultivation do not affect the instream flows needed for fish
6spawning, migration, and rearing, and the flows needed to maintain
7natural flow variability.
8(e) The Department of Food and Agriculture shall have the
9authority necessary for the implementation of the regulations it
10adopts pursuant to this chapter. The regulations shall do all of the
11following:
12(1) Provide that weighing or measuring devices used in
13connection with the sale or distribution of medical cannabis are
14required to meet standards equivalent to Division 5 (commencing
15with Section 12001).
16(2) Require that cannabis cultivation by licensees is conducted
17in accordance with state and local laws related to land
conversion,
18grading, electricity usage, water usage, agricultural discharges,
19and similar matters. Nothing in this chapter, and no regulation
20adopted by thebegin delete department,end deletebegin insert
Department of Food and Agriculture,end insert
21 shall be construed to supersede or limit the authority of the State
22Water Resources Control Board, regional water quality control
23boards, or the Department of Fish and Wildlife to implement and
24enforce their statutory obligations or to adopt regulations to protect
25water quality, water supply, and natural resources.
26(3) Establish procedures for the issuance and revocation of
27unique identifiers for activities associated with a cannabis
28cultivation license, pursuant to Article 8 (commencing with Section
2919337). All cannabis shall be labeled with the unique identifier
30issued by the Department of Food and Agriculture.
31(4) Prescribe standards, in consultation with the bureau, for the
32reporting of information as necessary related to unique identifiers,
33pursuant to Article 8 (commencing with Section 19337).
34(f) The Department of Pesticide Regulation, in consultation with
35the State Water Resources Control Board, shall promulgate
36regulations that require that the application of pesticides or other
37pest control in connection with the indoor or outdoor cultivation
38of medical cannabis meets standards equivalent to Division 6
39(commencing with Section 11401) of the Food and Agricultural
40Code and its implementing regulations.
P6 1(g) State cultivator license types issued by the Department of
2Food and Agriculture include:
3(1) Type 1, or “specialty outdoor,” for outdoor cultivation using
4no artificial lighting of less than or equal to 5,000 square feet of
5total canopy size on one premises, or up to 50 mature plants on
6noncontiguous plots.
7(2) Type 1A, or “specialty
indoor,” for indoor cultivation using
8exclusively artificial lighting of less than or equal to 5,000 square
9feet of total canopy size on one premises.
10(3) Type 1B, or “specialty mixed-light,” for cultivation using a
11combination of natural and supplemental artificial lighting at a
12maximum threshold to be determined by the licensing authority,
13of less than or equal to 5,000 square feet of total canopy size on
14one premises.
15(4) Type 1C, or “specialty cottage,” for cultivation using a
16combination of natural and supplemental artificial lighting at a
17maximum threshold to be determined by the licensing authority,
18of 2,500 square feet or less of total canopy size for outdoor
19cultivation, or 500 square feet or less of total canopy size for
20indoor cultivation, on one premises.
21(4)
end delete
22begin insert(5)end insert Type 2, or “small outdoor,” for outdoor cultivation using
23no artificial lighting between 5,001 and 10,000 square feet,
24inclusive, of total canopy size on one premises.
25(5)
end delete
26begin insert(6)end insert Type 2A, or “small indoor,” for indoor cultivation using
27exclusively artificial lighting between 5,001 and 10,000 square
28feet, inclusive, of total canopy size on one premises.
29(6)
end delete
30begin insert(7)end insert Type 2B, or “small mixed-light,” for cultivation using a
31combination of natural and supplemental artificial lighting at a
32maximum threshold to be determined by the licensing authority,
33between 5,001 and 10,000 square feet, inclusive, of total canopy
34size on one premises.
35(7)
end delete
36begin insert(8)end insert Type 3, or “outdoor,” for outdoor cultivation using no
37artificial lighting from 10,001 square feet to one acre, inclusive,
38of total canopy size on one premises. The Department of Food and
39Agriculture shall limit the number of
licenses allowed of this type.
40(8)
end delete
P7 1begin insert(9)end insert Type 3A, or “indoor,” for indoor cultivation using
2exclusively artificial lighting between 10,001 and 22,000 square
3feet, inclusive, of total canopy size on one premises. The
4Department of Food and Agriculture shall limit the number of
5licenses allowed of this type.
6(9)
end delete
7begin insert(10)end insert Type 3B, or “mixed-light,”
for cultivation using a
8combination of natural and supplemental artificial lighting at a
9maximum threshold to be determined by the licensing authority,
10between 10,001 and 22,000 square feet, inclusive, of total canopy
11size on one premises. The Department of Food and Agriculture
12shall limit the number of licenses allowed of this type.
13(10)
end delete
14begin insert(11)end insert Type 4, or “nursery,” for cultivation of medical cannabis
15solely as a nursery. Type 4 licensees may transport live plants.
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