5-14-20 Policy Update

The following comes from a press release and emails from BCC, CDFA and CDPH:

 

SACRAMENTO, CA – The three state cannabis licensing authorities announced today that businesses with state commercial cannabis licenses expiring between now and the end of June 30, 2020 may request 60-day deferrals of their license fee payments. This adds financial assistance to the relief provided to licensees from specific regulatory requirements.

The license fee deferrals are intended to provide immediate financial assistance to state cannabis licensees impacted by COVID-19. Though deemed an “essential business” under Executive Order N-33-20, the cannabis industry is excluded from federal or banking-dependent assistance for small businesses, due to cannabis’ status as a Schedule I controlled substance.

We will begin accepting requests for fee relief immediately. Licensee fee deferrals may be requested by any licensee expiring between now through June 30, 2020. With a deferral, the license fee will be due 60 days from the date of the license expiration. Refunds will not be given for fees that have already been paid.

How to Request Regulatory Relief from BCC:
Licensees must submit a written request for regulatory relief to be considered for a license fee deferral. Here’s how to submit your request:

  1. Submit a complete renewal application to the Bureau.
  2. Complete the Bureau Notification and Request Form (Form 27), Section A, and note the details of your specific request in the comments section.
  3. Email your completed Bureau Notification and Request Form to BCC@dca.ca.gov. This request must be submitted by an owner of the business, who is currently listed on the license record.

How to Request Regulatory Relief from CDFA:

Licensees must submit a written request for regulatory relief to be considered for a license fee deferral. Please follow these steps to make your request:
  1. Submit a completed cannabis license renewal application to the California Department of Food and Agriculture’s CalCannabis Cultivation Licensing Division. When prompted to make a payment, select “Cash Payment.”
  2. Send your request for relief via email to calcannabis@cdfa.ca.gov. Include the license number in the email and state that your renewal application has already been submitted. This request must be submitted by an owner of the business who is currently listed on the license record.

Other Requests for Regulatory Relief
A licensee who is unable to comply with a licensing requirement due to the pandemic may submit a disaster relief request to their respective licensing authority. The disaster relief provisions for each licensing authority can be found in the regulations as follows:

  • BCC: California Code of Regulations, title 16, section 5038
  • CDFA: California Code of Regulations, title 3, section 8207
  • CDPH: California Code of Regulations, title 17, section 40182

The Bureau of Cannabis Control is the lead agency in regulating commercial cannabis licenses for medical and adult-use cannabis in California. The Bureau is responsible for licensing retailers, distributors, testing laboratories, microbusinesses, and temporary cannabis events. For more information about our agency, please visit the Bureau’s website. To learn more about California’s three cannabis licensing authorities and the other state agencies contributing to cannabis regulatory efforts, please visit California’s Cannabis Portal.
Those looking to get in touch with the Bureau of Cannabis Control may contact us directly through email at bcc@dca.ca.gov.

4-30-20 Policy Update

Overview of DRAFT Origins Council Comments – 4/29/2020

Full DRAFT Origins Council Comments – 4/29/2020

California Cannabis Appellations Program (CAP) Proposed Regulations

CDFA’S NEW MARKETING CAMPAIGN

THIS IS CALIFORNIA CANNABIS

NEW: CDFA PROPOSED ORGANIC PROGRAM REGULATIONS

Comments on the proposed regulations may be submitted until July 7, 2020, via email to CDFA.CalCannabis_OCal@cdfa.ca.gov or by mail to:

California Department of Food and Agriculture

Attention: Kristi Armstrong

CalCannabis Cultivation Licensing Division

Proposed OCal Regulations

P.O. Box 942871

Sacramento, CA 94271

The proposed cannabis regulations and additional information are posted on the CalCannabis Cultivation Licensing Division’s OCal Program web page. For tips on how to make effective comments about the proposed OCal regulations, please see How to Submit Your Comments.

Closing Date for Relocation Applications is May 4, 2020!

Important deadline: May 4, 2020 is the cutoff date to get full applications into the Cannabis program if you want to relocate your authorization for Phase 1 at an already approved of Phase 1 site to a different property that did not have prior cultivation. This is not the same thing as Transferring an Annual Permit from one person to another. Rather, this is where you are allowed to take your application (or annual permit) on the property that you qualified to cultivate on  under Phase 1 because you had proof of your prior cultivation on that property (called the origin site), and you can apply to relocate from that property to another property that you did not previously cultivate on (called the destination site). In addition to the deadline to get those relocation applications into the County, there are a few other things to keep in mind: not all zoning are allowed to relocate to. So, you may not relocate to TPZ or FL. RL may be relocated to RL so long as the destination site has an existing cultivation site and no new cultivation sites would be established. Also, the setbacks would be the NEW setbacks that are outlined for Phase 3 and NOT the setbacks for Phase 1, and there are other requirements for the destination site such as watershed assessment requirements (not for AG zoned property). Finally, there are remediation requirements for the origin site and the requirement that the right to claim proof of prior cultivation on the origin site is extinguished, which means that any future cultivation on the origin site would have to qualify under Phase 3 when it opens.

Here is a link to the Relocation Worksheet: https://www.mendocinocounty.org/home/showdocument?id=28848

A new application for the destination site and all accompanying documentation and ancillary forms must be submitted in order for the relocation application to be processed.

The ordinance section with the relocation rules is 10A17.080 (b)(3)(B)(1)