Department of Cannabis Control Files Emergency Rulemaking Action to Readopt Cultivation License Changes pursuant to Business and Professions Code section 26061.5

August 23, 2024

The Department of Cannabis Control (DCC) has filed an action with the Office of Administrative Law (OAL) to readopt its emergency regulations implementing Senate Bill 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes including: change the type of size of a cultivation license; place a cultivation license in inactive status; or make a one-time change to a cultivation license’s date of renewal.

View the proposed finding of emergency and notice of proposed adoption and the proposed text of emergency regulations below:

The five-calendar day public comment period for this emergency action starts once OAL posts notice of the filing on its website. Emergency regulations under review by OAL can be found on its Emergency Regulation’s Under Review webpage.

DISCOVERY BAY – In a state where cannabis is widely legalized, California still has a significant illegal marijuana scene. The state Department of Cannabis Control (DCC) is only two years old but is quickly tackling and dismantling these operations.

For Bill Jones of the DCC, it was just another Tuesday as he pulled up to an unsuspecting house in a gated neighborhood. To the untrained eye, one would never guess what was hiding inside.

“It really could be anywhere,” Jones told CBS News Bay Area. “It could be your neighborhood, could be my neighborhood.

CBS News Bay Area was invited on a ride along while DCC officers executed search warrants and seized illegal crops.

Inside four homes in a Discovery Bay neighborhood, officers found illegal cannabis operations.

“We’re going to see anywhere between 3,000 to 5,000 plants,” Jones said. “And we’re talking about a square mile here.”

Jones has been in law enforcement for nearly three decades and the DCC holds a personal significance as he was part of the team tasked with standing the department up in 2021.

“I hired all these officers,” Jones said. “I’m so proud of my people. They work so hard.”

Upon entry into the house, the smell of cannabis fills the space and each room has its own microclimate as those who tended to the crop closely monitored the environment of the plants. But in doing so, the practice created an illegal and hazardous space.

“There’s a really sharp contrast between the illegal cannabis market and the licensed cannabis market,” Jones explained. “The illegal market which in part has criminal organizations like Mexican cartels and Chinese triads and other transnational criminal organizations operating it. They pay no taxes, they have no concerns about how they grow and distribute, they use banned chemicals and pesticides. They take advantage of their employees, sometimes they even engage in human trafficking.”

In the first two stops, officers seized nearly 2,000 plants totaling 1,000 pounds of cannabis.

Read full report

https://www.cbsnews.com/sanfrancisco/news/cannabis-control-ride-pot-bust-grow-house-discovery-bay/

Per Business and Professions Code 26050.2 (a) (3) (D), equity applicants have until March 31, 2023 to submit an application to the Department to be considered for a provisional license.

Due to Cesar Chavez Day, a state holiday, the Department will accept applications for provisional equity licenses until Monday, April 3, 2023.  Applications must be submitted no later than 11:59 p.m.

Here is a checklist to assist you with submitting a provisional license application:

• Review current regulations for application requirements
• Gather and submit all requirements in accordance with California Code of Regulations section 15002 and 15011

• Follow the online instructions for how to apply
• Reach out to your local jurisdiction for authorization
• Provide CEQA documentation showing proof your environmental review is underway
• For cultivation licenses, provide a final streambed alteration agreement or documentation from the California Department of Fish and Wildlife that meets the requirements of section 15001.1(c)(2) of DCC’s regulations
• Make sure you are not requesting a license that exceeds one acre of outdoor cultivation, 22,000 square feet of mixed-light or indoor cultivation, or licenses on contiguous premises that exceed these size limitations

• If paying your application fee by cash, make an appointment to pay before the April 3, 2023 deadline by emailing payments@cannabis.ca.gov

If you are a local equity business and have already submitted an application for a provisional license, be sure to check the application portal and your email inbox to ensure all application requirements have been completed.

To learn more about local equity applicant qualifications, please send an email to equity@cannabis.ca.gov or visit our website at https://cannabis.ca.gov/resources/equity/.