AB 2516, as amended, 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
2promulgate regulations governing the licensing of indoor and
3outdoor cultivation sites.
4(b) The Department of Pesticide Regulation, in consultation
5with the Department of Food and Agriculture, shall develop
6standards for the use of pesticides in cultivation, and maximum
7tolerances for pesticides and other foreign object residue in
8harvested cannabis.
9(c) The State Department of Public Health shall develop
10standards for the production and labeling of all edible medical
11cannabis products.
12(d) The Department of
Food and Agriculture, in consultation
13with the Department of Fish and Wildlife and the State Water
14Resources Control Board, shall ensure that individual and
15cumulative effects of water diversion and discharge associated
16with cultivation do not affect the instream flows needed for fish
17spawning, migration, and rearing, and the flows needed to maintain
18natural flow variability.
19(e) The Department of Food and Agriculture shall have the
20authority necessary for the implementation of the regulations it
21adopts pursuant to this chapter. The regulations shall do all of the
22following:
23(1) Provide that weighing or measuring devices used in
24connection with the sale or distribution of medical cannabis are
25required to meet standards equivalent to Division 5 (commencing
26with Section
12001).
27(2) Require that cannabis cultivation by licensees is conducted
28in accordance with state and local laws related to land conversion,
29grading, electricity usage, water usage, agricultural discharges,
30and similar matters. Nothing in this chapter, and no regulation
31adopted by the Department of Food and Agriculture, shall be
32construed to supersede or limit the authority of the State Water
33Resources Control Board, regional water quality control boards,
34or the Department of Fish and Wildlife to implement and enforce
35their statutory obligations or to adopt regulations to protect water
36quality, water supply, and natural resources.
37(3) Establish procedures for the issuance and revocation of
38unique identifiers for activities associated with a cannabis
39cultivation license, pursuant
to Article 8 (commencing with Section
P3 119337). All cannabis shall be labeled with the unique identifier
2issued by the Department of Food and Agriculture.
3(4) Prescribe standards, in consultation with the bureau, for the
4reporting of information as necessary related to unique identifiers,
5pursuant to Article 8 (commencing with Section 19337).
6(f) The Department of Pesticide Regulation, in consultation with
7the State Water Resources Control Board, shall promulgate
8regulations that require that the application of pesticides or other
9pest control in connection with the indoor or outdoor cultivation
10of medical cannabis meets standards equivalent to Division 6
11(commencing with Section 11401) of the Food and Agricultural
12Code and its implementing regulations.
13(g) State cultivator license types issued by the Department of
14Food and Agriculture include:
15(1) Type 1, or “specialty outdoor,” for outdoor cultivation using
16no artificial lighting of less than or equal to 5,000 square feet of
17total canopy size on one premises, or up to 50 mature plants on
18noncontiguous plots.
19(2) Type 1A, or “specialty indoor,” for indoor cultivation using
20exclusively artificial lighting of less than or equal to 5,000 square
21feet of total canopy size on one premises.
22(3) Type 1B, or “specialty mixed-light,” for cultivation using a
23combination of natural and supplemental artificial lighting at a
24maximum threshold to be determined by the
licensing authority,
25of less than or equal to 5,000 square feet of total canopy size on
26one premises.
27(4) Type 1C, or “specialty cottage,” for cultivation using a
28
combination of natural and supplemental artificial lighting at a
29maximum threshold to be determined by the licensing authority,
30of 2,500 square feet or less of total canopy size forbegin delete outdoorend delete
31begin insert mixed-lightend insert cultivation,begin insert up to 25 plants for outdoor cultivation,end insert or
32500 square feet or less of total canopy size for indoor cultivation,
33on one premises.
34(5) Type 2, or “small outdoor,” for outdoor cultivation using
35no artificial lighting between 5,001 and 10,000 square feet,
36inclusive, of total canopy size on one premises.
37(6) Type 2A, or “small indoor,” for indoor cultivation using
38exclusively artificial lighting between 5,001 and 10,000 square
39feet, inclusive, of total canopy size on one premises.
P4 1(7) 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(8) Type 3, or “outdoor,” for outdoor cultivation using no
7artificial lighting from 10,001 square feet to one acre, inclusive,
8of total canopy size on one premises. The Department of Food and
9Agriculture shall limit the number of licenses allowed of this type.
10(9) Type 3A, or “indoor,” for indoor cultivation using
11exclusively artificial lighting between 10,001 and 22,000 square
12feet, inclusive, of total canopy size on one premises. The
13Department of Food and Agriculture shall limit the number of
14licenses allowed of this type.
15(10) Type 3B, or “mixed-light,” for cultivation using a
16combination of natural and supplemental artificial lighting at a
17maximum threshold to be determined by the licensing authority,
18between 10,001 and 22,000 square feet, inclusive, of total canopy
19size on one premises. The Department of Food and Agriculture
20shall limit the number of licenses allowed of this type.
21(11) Type 4, or “nursery,” for cultivation of medical cannabis
22solely as a nursery. Type 4 licensees may transport live
plants.
Section 19332 of the Business and Professions Code,
24as added by Section 13 of Chapter 719 of the Statutes of 2015, is
25amended to read:
(a) The Department of Food and Agriculture shall
27promulgate regulations governing the licensing of indoor and
28outdoor cultivation sites.
29(b) The Department of Pesticide Regulation, in consultation
30with the Department of Food and Agriculture, shall develop
31standards for the use of pesticides in cultivation, and maximum
32tolerances for pesticides and other foreign object residue in
33harvested cannabis.
34(c) The State Department of Public Health shall develop
35standards for the production and labeling of all edible medical
36cannabis products.
37(d) The
Department of Food and Agriculture, in consultation
38with the Department of Fish and Wildlife and the State Water
39Resources Control Board, shall ensure that individual and
40cumulative effects of water diversion and discharge associated
P5 1with cultivation do not affect the instream flows needed for fish
2spawning, migration, and rearing, and the flows needed to maintain
3natural flow variability.
4(e) The Department of Food and Agriculture shall have the
5authority necessary for the implementation of the regulations it
6adopts pursuant to this chapter. The regulations shall do all of the
7following:
8(1) Provide that weighing or measuring devices used in
9connection with the sale or distribution of medical cannabis are
10required to meet standards equivalent to Division 5 (commencing
11with
Section 12001).
12(2) Require that cannabis cultivation by licensees is conducted
13in accordance with state and local laws related to land conversion,
14grading, electricity usage, water usage, agricultural discharges,
15and similar matters. Nothing in this chapter, and no regulation
16adopted by the Department of Food and Agriculture, shall be
17construed to supersede or limit the authority of the State Water
18Resources Control Board, regional water quality control boards,
19or the Department of Fish and Wildlife to implement and enforce
20their statutory obligations or to adopt regulations to protect water
21quality, water supply, and natural resources.
22(3) Establish procedures for the issuance and revocation of
23unique identifiers for activities associated with a cannabis
24cultivation license,
pursuant to Article 8 (commencing with Section
2519337). All cannabis shall be labeled with the unique identifier
26issued by the Department of Food and Agriculture.
27(4) Prescribe standards, in consultation with the bureau, for the
28reporting of information as necessary related to unique identifiers,
29pursuant to Article 8 (commencing with Section 19337).
30(f) The Department of Pesticide Regulation, in consultation with
31the State Water Resources Control Board, shall promulgate
32regulations that require that the application of pesticides or other
33pest control in connection with the indoor or outdoor cultivation
34of medical cannabis meets standards equivalent to Division 6
35(commencing with Section 11401) of the Food and Agricultural
36Code and its implementing regulations.
37(g) State cultivator license types issued by the Department of
38Food and Agriculture include:
39(1) Type 1, or “specialty outdoor,” for outdoor cultivation using
40no artificial lighting of less than or equal to 5,000 square feet of
P6 1total canopy size on one premises, or up to 50 mature plants on
2noncontiguous plots.
3(2) Type 1A, or “specialty indoor,” for indoor cultivation using
4exclusively artificial lighting of less than or equal to 5,000 square
5feet of total canopy size on one premises.
6(3) Type 1B, or “specialty mixed-light,” for cultivation using a
7combination of natural and supplemental artificial lighting at a
8maximum threshold to be determined by the licensing
authority,
9of less than or equal to 5,000 square feet of total canopy size on
10one premises.
11(4) Type 1C, or “specialty cottage,” for cultivation using a
12combination of natural and supplemental artificial lighting at a
13maximum threshold to be determined by the licensing authority,
14of 2,500 square feet or less of total canopy size forbegin delete outdoorend delete
15begin insert mixed-lightend insert cultivation,begin insert up to 25 plants for outdoor cultivation,end insert or
16500 square feet or less of total canopy size for indoor cultivation,
17on one premises.
18(5) Type 2, or “small
outdoor,” for outdoor cultivation using
19no artificial lighting between 5,001 and 10,000 square feet,
20inclusive, of total canopy size on one premises.
21(6) Type 2A, or “small indoor,” for indoor cultivation using
22exclusively artificial lighting between 5,001 and 10,000 square
23feet, inclusive, of total canopy size on one premises.
24(7) Type 2B, or “small mixed-light,” for cultivation using a
25combination of natural and supplemental artificial lighting at a
26maximum threshold to be determined by the licensing authority,
27between 5,001 and 10,000 square feet, inclusive, of total canopy
28size on one premises.
29(8) Type 3, or “outdoor,” for outdoor cultivation using no
30artificial lighting from 10,001 square feet to one acre, inclusive,
31
of total canopy size on one premises. The Department of Food and
32Agriculture shall limit the number of licenses allowed of this type.
33(9) Type 3A, or “indoor,” for indoor cultivation using
34exclusively artificial lighting between 10,001 and 22,000 square
35feet, inclusive, of total canopy size on one premises. The
36Department of Food and Agriculture shall limit the number of
37licenses allowed of this type.
38(10) Type 3B, or “mixed-light,” for cultivation using a
39combination of natural and supplemental artificial lighting at a
40maximum threshold to be determined by the licensing authority,
P7 1between 10,001 and 22,000 square feet, inclusive, of total canopy
2size on one premises. The Department of Food and Agriculture
3shall limit the number of licenses allowed of this type.
4(11) Type 4, or “nursery,” for cultivation of medical cannabis
5solely as a nursery. Type 4 licensees may transport live plants.
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