When Can I Plant?
You can plant once all relevant Local, State, and Environmental Permits are granted.
You need a Lake County Major Use Permit (UP), or a Minor Use Permit (MUP), or an Early Activation Permit (EA)
A license (or licenses) from the Department of Cannabis Control (DCC). The DCC is the state agency that regulates the growing, manufacturing, tracking, transportation, sale, events, and labeling of goods sold of cannabis businesses.
If applying for a DCC cultivation license, the following are also needed:
- California Department of Fish and Wildlife (CDFW): Issues a Lake and Streambed (LSA) Agreement, or a written verification that an LSA is not needed.
- California State Water Resources Control Board (CSWRCB): Issues the Cannabis Cultivation General Order (a “Water Quality Permit”) in regards to cannabis cultivation waste discharges, and the Cannabis Small Irrigation Use Registration (SIUR) water right to use surface water for cannabis cultivation.
- The Central Valley Regional Water Quality Control Board (CVRWQ) will then issue a Notice of Applicability (NOA) for the “Water Quality Permit”.
- Note: The deadline to submit the NOA for any property proposed or permitted for commercial cannabis cultivation is October 31st 2020. At this point, an Notice of Receipt (NOR) will not be accepted in lieu of the NOA.
California Business & Professions Code
Section 26038 Excerpts
- (a) A person engaging in commercial cannabis activity without a license required by this division [Bureau of Marijuana Control] shall be subject to civil penalties of up to three times the amount of the license fee for each violation, and the court may order the destruction of cannabis associated with that violation in accordance with Section 11479 of the Health and Safety Code. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section by a licensing authority shall be deposited into the General Fund except as provided in subdivision
- b). A violator shall be responsible for the cost of the destruction of cannabis associated with his or her violation.
- c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed person engaging in commercial cannabis activity in violation of this division.
Read Section 26038.
Lake County Zoning Ordinance
Article (at) Excerpts
ii. General Requirements (pages 27 to 111/112)
- State licensure and permits as required. A person or entity shall not engage in the commercial cultivation of cannabis without first obtaining a Lake County minor or major use permit, a state cannabis cultivation license, and applicable permits such as from Department of Cannabis Control (BCC), Department of Food and Agriculture (CDFA - CALCannabis), Department of Pesticide Regulation, Department of Fish and Wildlife (CDFW), the State Water Resources Control Board (CSWRCB), Board of Forestry and Fire Protection, Central Valley or North Coast Regional Water Quality Control Board, Department of Public Health (CDPH - MCSB), and Department of Consumer Affairs, as appropriate.
- Should there be a delay in the State’s issuance of a state cannabis cultivation license, which delay is solely caused by the State, the applicant may be granted a minor or major use permit if all other applicable State permits have been obtained. When said minor or major use permit is granted by the County, the permittee shall be deemed authorized by the County of Lake to engage in cannabis cultivation operations in the County of Lake. In all such cases of State licensing delay where a minor or major use permit is granted, said minor or major use permit shall be reviewed one year after its issuance if the permittee has not already submitted proof of state licensure within that time. If the permittee is unable to provide proof of a valid state cannabis cultivation license at the time of that one-year review, the County minor or major use permit may be subject to review and action, up to and including, revocation. For purposes of this provision, a delay is solely caused by the State if the license applicant has submitted an application to the State deemed to be complete and has no compliance conditions outstanding that would preclude the State’s issuance of a cannabis cultivation license. Nothing in this provision is intended in any way to supplant or be contrary to the licensing requirements of State law.
- Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) - Creates the general framework for the regulation of commercial medicinal and adult-use cannabis in California.
- Assembly Bill 97 (approved July 1, 2019) - Provides the three California State licensing authorities (BCC, MCSB, CalCannabis) with the ability to assess violations of up to $30,000 per violation per day, and issue notices of abatement to unlicensed cannabis operations, effective immediately. Read updates regarding Assembly Bill 97.