§16300. Cultivation Requirements.
(a) Cannabis plants maintained outside of the designated canopy area(s) for specialty cottage, specialty, small, and medium licenses are prohibited from flowering. Should a plant outside of the canopy area(s) begin flowering, a plant tag shall be applied, the plant shall be moved to a designated canopy area and reported in the track and trace system without delay.
(b) All plants or portions of a plant used for seed production shall be tagged with a plant tag pursuant to section 15048.4.
(c) A licensee propagating immature plants for distribution or seed for distribution to another licensee shall obtain a nursery license.
(d) Licensees shall process their harvested cannabis only in area(s) designated for processing in their cultivation plan, or transfer their harvested cannabis to a licensed processor, manufacturer, or distributor via a licensed distributor.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060 and 26120, Business and Professions Code.
§ 16300.1. Additional Cultivation Requirements for Large Licenses.
(a) Commencing on January 1, 2023, a person that holds an ownership or financial interest in a Large Cultivation license shall not be eligible to apply for or hold an ownership or financial interest in a Type 8, Type 11, or Type 12 license.
(b) As part of the license application for a Large Cultivation license or a request for a conversion into a Large Cultivation license the applicant or licensee shall submit an attestation that:
- All persons who will hold an ownership or financial interest in the Large Cultivation license do not currently hold any ownership or financial interest in a Type 8, Type 11, or Type 12 license; and
- No person who will hold an ownership or financial interest in the Large Cultivation license will apply for or hold an ownership or financial interest in a Type 8, Type 11, or Type 12 license while maintaining their ownership or financial interest in the Large Cultivation license.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26012, 26060, 26061 and 26180, Business and Professions Code.
§16301. Seed Production Requirements for Nursery Licensees.
Nursery licensees producing seed for distribution shall tag all mature plants with a plant tag pursuant to section 15048.4(b). All products, except seed, derived from these plants are prohibited from entering the commercial distribution chain.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060 and 26067, Business and Professions Code.
§16302. Research and Development Requirements for Nursery Licensees.
Nursery licensees may maintain a research and development area, as identified in their cultivation plan, for the cultivation of mature plants. All mature plants shall be tagged with a plant tag pursuant to section 15048.4. All cannabis and cannabis products derived from these plants are prohibited from entering the commercial distribution chain or being transferred off the licensed premises.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060 and 26067, Business and Professions Code.
§16303. Cultivation Requirements for Processor Licensees.
(a) Processor licensees shall comply with all of the following requirements:
- All aggregation of product shall adhere to track and trace requirements.
- Licensees may produce nonmanufactured cannabis products without a manufacturing license.
- Cultivation of cannabis plants is prohibited at a licensed processor premises.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26067, 26069 and 26120, Business and Professions Code.
§16304. General Environmental Protection Measures.
(a) All licensed cultivators shall comply with all of the following environmental protection measures:
- Principles, guidelines, and requirements adopted pursuant to section 13149 of the Water Code and implemented by the State Water Resources Control Board, Regional Water Quality Control Boards, or California Department of Fish and Wildlife;
- Any conditions of licensure included pursuant to section 26060.1(b)(1) of the Business and Professions Code;
- Requirements of section 7050.5(b) of the Health and Safety Code if human remains are discovered during cultivation activities;
- Requirements for generators pursuant to section 16306;
- Requirements for pesticides pursuant to section 16307;
- Outdoor lights used for safety or security purposes are shielded and downward facing; and
- Lights used for indoor or mixed-light cultivation are shielded from sunset to sunrise to reduce nighttime glare.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066 and 26201, Business and Professions Code.
§16305. Renewable Energy Requirements.
(a) Beginning January 1, 2023, all holders of indoor, tier 2 mixed-light license types of any size, and all holders of nursery licenses using indoor or tier 2 mixed-light techniques shall ensure that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by their local utility provider pursuant to the California Renewables Portfolio Standard Program in division 1, part 1, chapter 2.3, article 16 (commencing with section 399.11) of the Public Utilities Code.
(b) If a licensed cultivator’s average weighted greenhouse gas emission intensity, as calculated and reported upon license renewal pursuant to section 15020, is greater than the local utility provider’s greenhouse gas emission intensity, the licensee shall obtain carbon offsets to cover the excess in carbon emissions from the previous annual licensed period. The carbon offsets shall be purchased from one or more of the following recognized voluntary carbon registries:
- American Carbon Registry;
- Climate Action Reserve; or
- Verified Carbon Standard.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066 and 26201, Business and Professions Code.
§16306. Generator Requirements.
(a) For the purposes of this section, “generator” means a stationary or portable compression ignition engine, also known as a diesel engine, as defined in title 17, California Code of Regulations, section 93115.4.
(b) Licensed cultivators using generators rated at fifty (50) horsepower and greater shall demonstrate compliance with the Airborne Toxic Control Measure for stationary or portable engines, as applicable, established in title 17, California Code of Regulations, sections 93115-93116.5. Compliance shall be demonstrated by providing a copy of one of the following to the Department upon request:
- For portable engines, a Portable Equipment Registration Certificate provided by the California Air Resources Board; or
- For portable or stationary engines, a Permit to Operate or other proof of engine registration, obtained from the Local Air District with jurisdiction over the licensed premises.
(c) Licensed cultivators using generators rated below fifty (50) horsepower shall comply with the following by 2023:
- Either subsection (1)(A) or (1)(B):
- Meet the “emergency” definition for portable engines in title 17, California Code of Regulations, section 93116.2(a)(12), or the “emergency use” definition for stationary engines in title 17, California Code of Regulations, section 93115.4(a)(30); or
- Operate eighty (80) hours or less in a calendar year; and
- Either subsection (2)(A) or (2)(B):
- Meet Tier 3 with Level 3 diesel particulate filter requirements in title 13, California Code of Regulations, sections 2700-2711; or
- Meet Tier 4 requirements, or current engine requirements if more stringent, in title 40, Code of Federal Regulations, chapter I, subchapter U, part 1039, subpart B, section 1039.101.
(d) All generators used by licensed cultivators shall be equipped with non-resettable hour-meters. If a generator does not come equipped with a non-resettable hour-meter, an aftermarket non-resettable hour-meter shall be installed.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066 and 26201, Business and Professions Code.
§16307. Pesticide Use Requirements.
(a) Licensed cultivators shall comply with all applicable pesticide statutes and regulations enforced by the Department of Pesticide Regulation.
(b) For all pesticides that are exempt from registration requirements, licensed cultivators shall comply with all applicable pesticide statutes and regulations enforced by the Department of Pesticide Regulation and the following pesticide application and storage protocols:
- Comply with all pesticide label directions;
- Store chemicals in a secure building or shed to prevent access by wildlife;
- Contain any chemical leaks and immediately clean up any spills;
- Apply the minimum amount of product necessary to control the target pest;
- Prevent offsite drift;
- Do not apply pesticides when pollinators are present;
- Do not allow drift to flowering plants attractive to pollinators;
- Do not spray directly to surface water or allow pesticide product to drift to surface water. Spray only when wind is blowing away from surface water bodies;
- Do not apply pesticides when they may reach surface water or groundwater; and
- Only use properly labeled pesticides. If no label is available, consult the Department of Pesticide Regulation.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26060, 26066 and 26201, Business and Professions Code.
§16308. Canopy Requirements.
(a) Licensed cultivators shall comply with the following requirements for canopy areas:
- Each canopy shall be marked with clearly identifiable physical boundaries around all areas that will contain mature plants. Physical boundaries include, but are not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, garden plots, or stakes delineating the perimeter.
- Each canopy shall be of sufficient size to contain the mature plants in their entirety at any point in time. No portion of the plant is permitted to hang over an established canopy boundary.
(b) Seeds, immature plants, or propagated material received from a licensed nursery as trade samples shall be cultivated in a canopy area dedicated to trade samples that meets the requirements of subsection (a). Canopy areas used to cultivate trade samples received from a licensed nursery shall be included in the licensed cultivator’s cultivation plan and shall be included in the aggregate square footage of the canopy areas.
(c) Licensed cultivators may utilize canopy areas to produce seeds for their own use.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013 and 26060, Business and Professions Code.
§16309. Cultivation Plan Requirements.
(a) Licensed cultivators shall establish and maintain a cultivation plan that includes all of the following:
- A premises diagram drafted in accordance with section 15006.
- A cannabis waste management plan developed in accordance with section 17223.
- A pest management plan developed in accordance with section 16310.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26051.5 and 26060, Business and Professions Code.
§16310. Pest Management Plan.
(a) The licensed cultivator shall develop a pest management plan that includes:
- The product name and active ingredient(s) of all pesticides to be applied to cannabis; and
- Any integrated pest management protocols, including chemical, biological, and cultural methods, that will be used to prevent and control pests on the cultivation site.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26051.5 and 26060, Business and Professions Code.
§16311. Supplemental Water Source Information.
The following information shall be provided for each water source identified by the applicant:
(a) Retail water supply sources:
- If the water source is a retail water supplier, as defined in section 13575 of the Water Code, such as a municipal provider, provide the following:
- Name of the retail water supplier; and
- A copy of the most recent water service bill or written documentation from the water supplier stating that service will be provided at the premises address.
- If the water source is a small retail water supplier, such as a delivery service, and is subject to section 26060.1(a)(1)(B) of the Business and Professions Code and the retail water supplier contract is for delivery or pickup of water from a surface water body or an underground stream flowing in a known and definite channel, provide all of the following:
- The name of the retail water supplier under the contract;
- The water source and geographic location coordinates, in either latitude and longitude or the California Coordinate System, of any point of diversion used by the retail water supplier to divert water delivered to the commercial cannabis business under the contract;
- The authorized place of use of any water right used by the retail water supplier to divert water delivered to the commercial cannabis business under the contract;
- The maximum amount of water delivered to the commercial cannabis business for cannabis cultivation in any year; and
- A copy of the most recent water service bill.
- If the water source is a small retail water supplier, such as a delivery service, and is subject to section 26060.1(a)(1)(B) of the Business and Professions Code and the retail water supplier contract is for delivery or pickup of water from a groundwater well, provide all of the following:
- The name of the retail water supplier under the contract;
- The geographic location coordinates for any groundwater well used to supply water delivered to the commercial cannabis business, in either latitude and longitude or the California Coordinate System;
- The maximum amount of water delivered to the commercial cannabis business for cannabis cultivation in any year;
- A copy of the well completion report filed with the Department of Water Resources pursuant to section 13751 of the Water Code for each percolating groundwater well used to divert water delivered to the commercial cannabis business. If no well completion report is available, the applicant shall provide evidence from the Department of Water Resources indicating that the Department of Water Resources does not have a record of the well completion report. When no well completion report is available, the State Water Resources Control Board may request additional information about the well; and
- A copy of the most recent water service bill.
(b) If the water source is a groundwater well, provide the following:
- The groundwater well’s geographic location coordinates, in either latitude and longitude or the California Coordinate System; and
- A copy of the well completion report filed with the Department of Water Resources pursuant to section 13751 of the Water Code. If no well completion report is available, the applicant shall provide evidence from the Department of Water Resources indicating that the Department of Water Resources does not have a record of the well completion report. If no well completion report is available, the State Water Resources Control Board may request additional information about the well.
(c) If the water source is a rainwater catchment system, provide the following:
- The total square footage of the catchment footprint area(s).
- The total storage capacity, in gallons, of the catchment system(s).
- A detailed description and photographs of the rainwater catchment system infrastructure, including the location, size, and type of all surface areas that collect rainwater. Examples of rainwater collection surface areas include a rooftop and greenhouse.
- Geographic location coordinates of the rainwater catchment infrastructure in either latitude and longitude or the California Coordinate System.
(d) If the water source is a diversion from a waterbody (such as a river, stream, creek, pond, lake, etc.), provide any applicable water right statement, application, permit, license, or small irrigation use registration identification number(s), and a copy of any applicable statement, registration certificate, permit, license, or proof of a pending application issued under part 2 (commencing with section 1200) of division 2 of the California Water Code as evidence of approval of a water diversion by the State Water Resources Control Board.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013 and 26060.1, Business and Professions Code.