CCA Compliance Guide (Version 5)

The Calaveras Cannabis Alliance

Compliance Guide for Commercial Grows

(Any Cultivation Site with over 200 sq ft of canopy)

 

Version 3

 

 

 

PLEASE NOTE: YOU HAVE UNTIL JUNE 30TH TO REGISTER YOUR GROW(S) WITH THE COUNTY. ALL GROWS THAT DO NOT REGISTER WILL BE CONSIDERED IRRECONCILABLY ILLEGAL AND WILL BE SHUT DOWN, INCLUDING BEING SUBJECT TO CRIMINAL CHARGES AND CULTIVATION SITE ERADICATION. GROWS WILL NOT BE GIVEN A SECOND CHANCE TO REGISTER.

 

ADDITIONALLY, THE COUNTY WILL BE IDENTIFYING NON-COMPLIANT GROWS VIA SATELLITE, AND REPORTING THEM TO THE STATE. STATE LAW FORBIDS LOCALLY NON-COMPLIANT GROWS FROM EVER RECEIVING STATE LICENSURE. THIS MEANS THAT ANY GROW THAT DOES NOT COMPLY WITH COUNTY CODE WILL BE UNABLE TO PARTICIPATE IN THE STATE LEGAL MARKET AT ANY POINT IN THE FUTURE.

 

CCA WILL BE HOLDING WEEKLY WORKSHOPS THAT WILL INCLUDE THE FOLLOWING:

            1. An explanation of how the urgency ordinance came to be

            2. A breakdown of the new rules

            3. A walkthrough of how to file your application with the county

 

PLEASE SEE CALAVERASCANNABIS.COM FOR DETAILS ON WORKSHOP SCHEDULE AS WELL AS ALL NECESSARY MATERIALS FOR FILING YOUR APPLICATIONS!

 

 

Legal Disclaimer:

 

The information provided by the Calaveras Cannabis Alliance is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform services on any subject matter.  The content provided in this program contains general information and may not reflect current legal requirements. The information is not guaranteed to be correct, complete, or current. The Calaveras Cannabis Alliance expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information or other contents of this program.  IN NO EVENT SHALL CALAVERAS CANNABIS ALLIANCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS INFORMATION, OR FOR ANY OTHER INFORMATION PROVIDED BY THE CALAVERAS CANNABIS ALLIANCE. The Calaveras Cannabis Alliance takes no responsibility and makes no warranty whatsoever for the content or information contained in any information provided. All information provided by Calaveras County is solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of information or services offered.

 

 

Hello and welcome to the Calaveras Cannabis Alliance’s guide to the Calaveras Urgency Ordinance for Cannabis Cultivation.

 

Part 1 of this packet will go over the RULES AND REQUIREMENTS of the new ordinance for Commercial Grows. Part 2 will cover how to put together your application and submit it to the Planning department.

 

Please note that this is a work in progress. The County is issuing new clarifications on their rules and forms on an almost daily basis, and as such this packet will most likely go through multiple versions in coming weeks. Be sure to stay updated on the most recent version of this packet by visiting calaverascannabis.com and coming to a CCA workshop.

 

 

Part 1: Rules and Requirements

 

 

CCA has broken down the Rules and Requirements laid out in the Urgency Ordinance into four sections:

 

  1. Requirements for Registration (things you are already either in or out of compliance with, with no ability to change)

 

  1. Immediate requirements (rules that go into effect immediately, but which you will be given indefinite amount of time to come into compliance with so long as you show proof of being in process)

 

  1. Sept. 7th Requirements (things that MUST be done by September 7th, no excuses)

 

  1. Enforcement Procedures

 

 

The requirements of each section are broken down below. For each section, we first provide a concise checklist of all of the requirements followed by an in-depth explanation of each requirement.

 

 

 

Checklist of Requirements for Registration

 

□     1. Cultivation Site must have existed before May 10th

□     2. Cultivation Site must be in a zone in which cultivation is allowed (see zoning chart)

□     3. If Cultivation Site is outdoor or mixed light: must be on a parcel that is 2 acres or larger

□     4. The cultivator must own or lease the land on which the grow is occurring

□     5. If land is leased, the cultivator must have written permission from owner to grow

□     6. The cultivator must agree to consent to inspection by the county

□     7. The cultivator must be able to pass a criminal background check.

 

 

 

Explanation of Requirements for Registration

 

 

  1. 1.    Cultivation Site must have existed before May 10th

            The county’s definition of pre-existence for outdoor Cultivation Sites is having completed your land preparation.  This includes any tree work, brush clearing, and grading (earth moving of any kind). If you have a Cultivation Site which existed before May 10th but expanded that Cultivation Site AFTER May 10th, the expanded area will not be considered legal to grow on. The ONE exception to this will be grows that MUST be moved in order to comply with the new 75 ft property line setback. In the event that you must move your garden for this reason, you will ONLY be able to move the portion of your garden that was too close to the property line. If any dirt work is required to prepare a new area for this purpose, you will need to obtain a grading permit and include it with your application to the planning department.

            For Indoor growers, the definition of pre-existence is having pulled permits. If you were planning on growing in a new building or expanding your operation in an existing building, your operation will only be considered to be “pre-existing” if you have already been issued all necessary permits for the grow space.

 

  1. 2.    Cultivation Site must be in a zone in which cultivation is allowed

            See zoning chart below.  “R” stands for “registration allowed”.

 

Outdoor/Mixed Light Cultivation

Zone

Personal Use Caregiver

1 or 1B License

2 or 2B License

3 or 3B License

Unclassified, U

R

R

R

R

Highway Service, HS

R

-

-

-

Residential Agriculture, RA

R

R

R

R

Rural Residential, RR

R

R

R

R

General Forest, GF

R

R

R

R

General Agriculture, A1

R

R

R

R

Agriculture Preserve, AP

R

R

R

R

 

  

 

Indoor Cultivation

Zone

Personal Use Caregiver

1A License

2A License

3A License

Unclassified, U

R

R

-

-

Highway Service, HS

R

-

-

-

Residential Agriculture, RA

R

R

-

-

Rural Residential, RR

R

R

-

-

Single-Family Residential, R1

R

-

-

-

General Forest, GF

R

R

-

-

General Agriculture, A1

R

R

-

-

Agriculture Preserve, AP

R

R

-

-

Light Industrial, M1

-

R

R

-

General Industrial, M2

-

R

R

-

Business Park, M4

-

R

R

-

  

 

 

 

  1. 3.    If Cultivation Site is outdoor or mixed light, it must be on a parcel that is 2 acres or bigger

            No commercial outdoor or mixed light grows will be allowed on any properties under 2 acres in size, regardless of zoning. Indoor grows are exempt from this rule.

  1. 4.    The cultivator must own or lease the land on which the grow is occurring

            Unfortunately, no other form of contract between grower and land owner will be allowed for the purposes of the urgency ordinance. However, we believe it likely that this will change for the Permanent Ordinance.

  1. 5.    If land is leased, you must have written permission from owner to grow

            The county has provided a form for this, and we provide a link to it later in this packet.

  1. 6.    The cultivator must agree to consent to inspection by the county

            This will be done by a task force of “Enforcement Officials” comprised of code compliance and Sheriff Officers. By singing the inspection agreement, you will be giving permission for Enforcement Officials to show up at any time to to inspect you. Although this sounds a little harsh, in reality county code requires this of any entity holding a business license in Calaveras. However the right to immediate inspection is usually only exercised in situations involving some amount of time-sensitive risk. CCA believes that growers should expect to be subject to a similar protocol (receiving notice and being inspected at reasonable hours most of the time, unless inspector is responding to a complaint or urgent situation of some kind).

  1. 7.    The Registrant must be able to pass a criminal background check.

If the registrant is an entity (business or collective), the failure of any one officer or director of the entity to meet these requirements may result in the rejection of the registration. The same applies for those registering jointly, such as spouses.

 

            Disqualifies include:

  1. Violent crimes
  2. Crimes against children
  3. Crimes related to controlled substances other than Marijuana
  4. Business-related crimes such as fraud, embezzlement, etc.
  5. History of non-compliance with county code (multiple citations by county departments)
  6. Any other felony or misdemeanor the sheriff “deems to be reasonably related to the qualifications, functions, responsibilities, or duties expected of an applicant for the type of registration he/she is applying for”

 

Obviously, this involves quite a bit of discretion on behalf of the Sheriff. However, it is important to keep in mind that this is a CIVIL process, not a criminal one. That means that if the sheriff rejects your application, you may appeal that decision to the Board of Supervisors and get it overturned, and may continue to operate your business until your appeal process is completed.  Additionally, as always, any attempts by the county to unduly discriminate against or unfairly treat growers will be met with strong protest from CCA.

 

 

 

Checklist of Immediate Requirements

 

 

□     1. All Cultivation Sites must be registered with the Planning Department by June 30th, 2016

□     2. The registrant may be either an individual or an entity (i.e. a business).

□     3. Only one registered Cultivation Site allowed per parcel

□     4. Outdoor and mixed light Cultivation Site Canopy must be setback 75 feet from property line

□     5. Indoor grows must be in a legal, permitted structure

□     6. For outdoor and mixed light grows, the total Cultivation Site canopy must take up no more than 15% of total area of the parcel at any point of the growing season

□     7. For all cultivation types, total Cultivation Site canopy must not be larger than 22,000 square feet at any point of the growing season

□     8. Outdoor Cultivation Sites must be secured by a 6-foot-tall fence and locking gate

□     9. For both indoor and outdoor grows, reasonable efforts to screen your Cultivation Site from being viewed from public and private roads and sensitive use areas must be taken

□     10. For outdoor and mixed light cultivation sites, the parcel on which cannabis is grown must be setback at least 1000 feet from any sensitive use area

□     11. All light pollution from supplemental lighting must be prevented

□     12. Generators must be set back 75 feet from property line in insulated shed and be in compliance with county noise ordinance

□     13. All code violations on the property will need to be resolved

□     14. If property is lived on, it must have permanent dwelling or RV, and must have permitted Septic, power, and water.

□     15. No camping allowed on property beyond what is allowed by pre-existing county code

□     16. If property is not lived on, it must meet all laws and regulations pertaining to agricultural labor safety and sanitary standards.

□     17. You must post either your “application pending” or “registration” documents from the planning department at your Cultivation Site.

□     18. You must post your street address at the entrance to your property

□     19. Any change in contact information of the registrant must be reported with the Planning Department within 72 hours.

□     20. If the applicant is a corporation, company, or limited partnership, the entity must maintain good standing and “active” status with the Board of Equalization

□     21. Registrant must produce for inspection a valid government-issued ID

□     22. Compliance with all laws and regulations relating to housing, health, and safety of agricultural workers

□     23. Cultivation Site must be in compliance with all state and local laws regarding cannabis cultivation.

□     24. Registrants must comply with any and all local, state, and federal laws or regulations related to the use, storage, and disposal of hazardous materials or wastes, including but not limited to pesticides, and shall refrain from the improper storage of or use of any fertilizer, pesticide, fungicide, rodenticide, or herbicide.

□     25. Cultivation Site must come into compliance with the Central Valley Water Quality Control Board’s General order on Medical Marijuana

 

Explanation of Immediate Requirements

 

 

  1. 1.    All Cultivation Sites must be registered with the Planning Department by June 30th, 2016

            “Registration” involves turning in an application with the Planning department and paying a $5,000 “program fee”. Any person or entity that cultivates Cannabis but fails to register by that time must cease operations and file with the Planning Department a Notice of Intent to Cultivate Medical Cannabis. Applicants put on the waiting list will not be charged a fee. After filing this paperwork, the applicant will be put on a waiting list maintained by the Planning Department. At which point the moratorium on new grows is lifted (could be anywhere from 6 months to 3 years), these applications will be considered.  Anyone who continues to cultivate without registering will be considered illegal, and will be eligible for criminal charges, fines, and plant eradication.

            Registrations are NON-TRANSFERABLE. This means that if the person or entity who registers an operation permanently disconnects themselves/itself from the cultivation operation, the grow operation must shut down.

            If one year from the date of registration a permanent ordinance has not been passed, registrants will be required to renew their registration and pay a renewal fee of $5,000.

           

 

  1. 2.    The registrant may be either an individual or an entity (i.e. a business).

            It is also possible to register JOINTLY, i.e. put the registration in the name of two spouses or partners.

 

  1. 3.    Only one registered Cultivation Site allowed per parcel

            This is important to note if you are leasing the land that you grow on. Check with your landlord and make sure that the land you are renting to grow on is not part of a larger parcel that has other grows on it. If so, the county will only allow ONE of these grows to be registered per parcel.

 

  1. 4.    For all Cultivation types, total Cultivation Site canopy must not be larger than 22,000 square feet at any point of the growing season

            “Canopy” will be determined by drawing a line around the outermost plants in your Cultivation Site directly before harvest (i.e. the biggest they get) and calculating the area inside that line. All aisles/roads inside that line will count as canopy space. We have received some information that suggests that inspectors will not be counting “Unusable” area, such as terrace banks, as canopy space, but this has not yet been confirmed. If your Cultivation Site is divided into multiple sections, the space between those sections will not be counted as part of your total canopy so long as the sections are individually fenced.

 

  1. 5.    Outdoor Cultivation Site Canopy must be setback 75 feet from property line

            See definition of “canopy” above. The only condition under which growers will be allowed to move their Cultivation Sites will be in order to conform to the 75 ft. setback rule. In order to do this, you will have to either:
A) move your Cultivation Site to an area that had either already been prepared (ie dirt work is finished) or does not require preparation by May 10th
or
B) Obtain a grading permit to prepare a new cultivation site, and provide a copy of this permit with your application to the planning department by June 30th.

 

  1. 6.    Indoor grows must be in a legal, permitted structure

          Building must be compliant with all applicable county codes including setbacks, securely locked and enclosed by four walls and a roof.

 

  1. 7.    For outdoor and Mixed light grows, total Cultivation Site canopy must take up no more than 15% of total area of the parcel at any point of the growing season

            Quick math on total allowed canopy area:

                        2 acres                       = 13,200 sq ft

                        2.5 acres                    = 16,500 sq ft

                        3 acres                       = 19,800 sq ft

                        3.4 or more acres     = 22,000 sq ft

 

  1. 8.    Outdoor Cultivation Sites must be secured by a 6-foot-tall fence and locking gate

            The planning department has not yet issued a list of acceptable materials for constructing your fence. However, the fact that the fence must be of “reasonable strength to prevent access from children and trespassers” and have a locking gate suggests that the fence will most likely need to be constructed out of wood and/or metal.

 

  1. 9.    Reasonable efforts must be taken to screen indoor, outdoor, and mixed light Cultivation Sites from being viewed from public and private roads and sensitive use areas

If you CAN screen it, you MUST screen it.  The planning department has not yet issued specific language on what will be acceptable forms of screening, but fencing, growing plants, buildings, and shade cloth, should all be good. CCA suggests checking in with the planning department before you set about screening your grow from view. NOTE: this requirement applies to public and private roads and sensitive use areas only. It does not include neighboring parcels.

 

10. For outdoor and mixed light cultivation sites, the parcel on which cannabis is grown must be setback at least 1000 feet from any sensitive use area

            This is a setback from your PROPERTY LINE to the PROPERTY LINE of the parcel containing the sensitive use area. Sensitive use areas include schools, daycares, libraries, parks, churches, cultural sites, etc.

 

11. All light pollution from supplemental lighting must be prevented

            Read: put tarps on your greenhouses at night. In the event that you have supplemental lighting on an outdoor grow, you will need to shield that as well. The planning department has not yet issued any specific language on what counts as adequate shielding. We can probably expect that this determination will come down to inspector discretion, which will most likely be heavily influenced by neighborhood complaints.

 

 

12. Generators must be set back 75 feet from property line in insulated shed and be in compliance with county noise ordinance

            The county has not yet issued specific language on any special considerations for building your generator shed. CCA is currently waiting from a a response from the building department on any specific building codes.

 

13. All code violations on the property will need to be resolved

            In order to be fully registered, you must completely resolve any code violations on your property. However, there is no particular date by which these issues must be fully resolved. So long as you show evidence of being in the process of remediating these issues, you will be allowed to continue to grow. A warning: this process will involve inspector discretion. Even if you show evidence of being in process of remediating your code issues, if the inspector believes that you waited too long after turning in your application to begin the process, or are dragging your feet in getting it done, they may choose to cite you. We recommend that all growers begin fixing any code issues as soon as possible after turning in their applications.

 

14. If property is lived on, it must have permanent dwelling or RV, and must have permitted Septic, power, and water.

            It is unclear at this point if the onboard septic of an RV or Trailer will be adequate to fulfill the septic requirement. We are waiting for word from the planning department on this. Additionally, only one RV will be allowed per parcel, with the exception of parcels that are within 1/4 mile of the Butte fire burn area, which may apply for more via the planning department. Additionally RVs will require a Temporary Use Permit (TUP).

 

15. No camping allowed on property beyond what is allowed by pre-existing county code

            County code allows for camping on your land for no more than two weeks at a time, for no more than 30 days total in any calendar year.

 

16. Property must meet all laws and regulations pertaining to agricultural labor safety and sanitary standards.

            To our knowledge, this involves having porta-potties and a hand washing station. We’ve launched inquiries with the county as to what other requirements this might involve.

 

17. You must post either your “application pending” or “registration” documents from the planning department at your Cultivation Site.

            Upon submitting your application, you will be given an “application pending” document from the planning department. This must be weatherproofed and visibly posted within ten feet of the main entrance to the cultivation area, between four and six feet above the ground on a durable, rigid, and rectangular signboard of no less than eighteen inches per side containing reflective material. 

 

18. You must post your street address at the entrance to your property

            Minimum 4 in. letter height, reflectorized, contrasting with the background color of the sign.

19. Any change in contact information of the registrant must be reported with the Planning department within 72 hours.

20. If the applicant is corporation, company, or limited partnership, maintaining good standing and “active” status with the Board of Equalization

            Pretty simple – pay any taxes you owe and you’re good.

 

 

21. Registrant must produce a valid government-issued ID for inspection

            DMV ID, Driver’s License, Passport, etc.

22. Compliance with all laws and regulations relating to housing, health, sanitation, and safety of Ag workers

 

23. Cultivation Site must be in compliance with all state and local laws regarding cannabis cultivation

            Until 2018, this means that all cultivation sites must be in compliance BOTH with Prop 215 and MMRSA. This means you will need to have enough recommendations to cover your plant numbers, AND those plants will all need to be confined to a maximum canopy area (see above for canopy area rules).

24. Registrants must comply with any and all local, state, and federal laws or regulations related to the use, storage, and disposal of hazardous materials or wastes, including but not limited to pesticides, and shall refrain from the improper storage of or use of any fertilizer, pesticide, fungicide, rodenticide, or herbicide.

            Most of these standards can be found in the best practices manual provided by the Water Quality Control Board, and can be found at www.calaverascannabis.com.

 

25. Cultivation Site must come into compliance with the Central Valley Water Quality Control Board’s General order on Medical Marijuana

             The Central Valley WQCB is the environmental authority that monitors agricultural industry in the state of California for pollution and environmental damage. They have implemented a general order on medical marijuana which sets best practice standards for cannabis farms (see www.calaverascannabis.com for a copy of the general order). In order to continue growing in the state of California, all growers will have to get a permit from the WQCB.

            To come into compliance with the WQCB you must obtain a permit from the WQCB. You must provide evidence of having submitted your application for a WQCB permit to the WQCB with your application to the planning department by June 30th. WQCB permitting is divided into 3 tiers based on potential threat of the operation to water quality. Yearly fees for Tiers 1, 2, and 3 are $1,000, $2,500, and $10,000, respectively. Tier 3 sites are relatively rare. Most growers can expect to be tier 1 or 2.

            Cultivation sites that existed before Oct 2015 are grandfathered into the program, and involve a simple process to enroll. However, any cultivation site newer than Oct 2015 (including pre-existing cultivation sites that were moved or expanded after Oct 2015), must have biological and cultural assessments completed in order to ensure that the operation is not endangering rare species or cultural sites. (The WQCB is offering a one-time exception to getting an assessment for expansion if you are moving your garden to comply with the 75 foot setback requirement.)  If your property requires assessments, you will need to hire consultants to do it, and the process can take quite some time to complete. If you are in a situation that requires assessments to complete your WQCB application, it should be noted that the assessment process can take weeks to complete. This means that in order to have your WQCB NOI by June 30th, you will need to start the assessment process as soon as you can. There are multiple consultants who operating in Calaveras who perform these assessments, and you can meet them at any one of our workshops! 

 

            The county will be hosting a WQCB workshop with the head of the WQCB program on June 8th at 4 PM at the San Andreas Community Center.

Checklist of Sept 7th Requirements (Due by Sept 7th, no exceptions!)

 

□     1. Get a business license from the county

□     2. Register with the state and get a sellers permit

□     3. If you are a business entity, have proof of active status with the state

□     4. Be fully enrolled with the WQCB permitting program

 

 

 

Breakdown of Sept 7th Requirements (Due by Sept 7th, no exceptions!)

 

  1. 1.    Get a business license from the county

            For info on how to do this, see Part 2 of this packet

 

  1. 2.    Register with the state and get a seller’s permit

            For info on how to do this, see Part 2 of this packet

 

  1. 3.    If you are a business entity, show proof of active status with the state

            For info on how to do this, see Part 2 of this packet

4. Be fully enrolled with the WQCB permitting program

            For info on how to do this, see Part 2 of this packet

 

 

 

 

 

Enforcement Procedures

 

 

  1. If, upon inspection, a cultivation site is found to be in violation of any requirement listed in the Urgency Ordinance, the registrant will be fined up to $1000 a day until the registrant shows proof of either fixing the problem or being in process of fixing the problem. These fines may continue for up to 30 days, after which the county will revoke the registration and shut down the cultivation site. Each day the violations continue will be considered a separate offense by the county.
  2. If a cultivation site is found to have a canopy area that exceeds county limits, the registrant will have 24 hours to reduce the canopy to acceptable size. If this problem cannot be corrected by re-consolidating the plants (ie moving them closer together within the pre-existing area) the plants must be destroyed, and cannot be transported off site.
  3. If the Enforcement Officer perceives a threat to public health or safety at the cultivation site, they can “summarily abate” your Cultivation Site (cut all the plants down). It should be noted that the law is very strict in regards to what counts as an imminent threat. Examples would include immediately evident criminal behavior that is endangering the safety of others (ie people threateningly brandishing weapons), or grievous environmental offenses such as massive, active spills of dangerous chemicals.
  4. Registration of a medical cannabis cultivation site may be invalidated by the Planning Director for any of the following reasons:

1.         Failure to comply with the requirements of this Chapter.

2.         Other violations of federal, state, or local law (other than cannabis-related activities recognized as legal by the State of California) are occurring on any parcel within the County in the ownership or possession of the registrant.

3.         Registration was in error or was accomplished under false pretenses.

4.         Application for registration contained false or misleading information.

5.         The registrant, after registering, fails or refuses to inform the County of alterations to the property that would compromise the original registration.

6.         Denial, suspension, or revocation of a State-issued medical cannabis cultivation license.

  1. Registrants have the right to appeal any decision made by the sheriff, planning director, or inspector. The process to appeal the a decision by the planning director to block your registration can be found in county code chapter 17.98. The process to appeal a decision made by a county inspector can be found in chapter 8.06 of the county code.

 

 

 


Part 2: How to Put Together Your Application

 

Please note: many of the requirements for this application will take days to weeks to assemble. A few of the requirements WILL take several months. if you wait to long to start the process and fail to have your documentation together by the given deadlines, you WILL BE REJECTED by the panning department, and your grow will be considered PERMANENTLY ILLEGAL. CCA strongly recommends that growers begin actively working on all aspects of their applications ASAP.

 

 The Calaveras County Urgency Ordinance requires mandatory registration of all growers in the county. To register, you will need to fill out an application and turn it in to the Planning Department.

 

You may register multiple cultivation sites, but you must submit a SEPARATE application and pay a SEPARATE fee for each cultivation site you wish to register.

 

The person or entity (i.e. business) who registers the cultivation site will be referred to as the “registrant”. The registrant MUST be a person or entity that owned or leased the parcel the cultivation site is located on before May 10th. A registrant may register more than one cultivation site. If the registrant is leasing the land they grow on, they must get consent from ALL owners of the parcel they are growing on via signature of all owners, or persons who have power of attorney to sign on the owner’s behalf.

 

The registration is not transferable with the land. This means that if the registrant permanently cuts ties with the cultivation site, the cultivation site must shut down.

 

Some parts of your application must be turned in by June 30th, others won’t need to be turned in till September 7, 2016. It should be noted that these are HARD DEADLINES. Failure to turn in your paperwork on time will result in your registration being rejected, after which your grow will be considered illegal and you will be shut down with criminal charges and fines attached. PLEASE MAKE SURE YOU GET EVERYTHING IN ON TIME.

 

Below is a checklist of things you will need to complete/provide in order to file your application with the Planning Department. This is followed by a breakdown of each item, including explanations of the various materials and links to all necessary applications and information.

 

Please note that the links to all of the materials provided will also be posted at calaverascannabis.com no later than June 5th.

 

Checklist of Materials for Commercial Cultivation Application

 

Due by June 30th:

 

□     1. Application Fee ($5,000 for Commercial Cultivation)

 

□     2. Copy of Valid State issued Driver’s license or government issued ID

 

□     3. Signed and Notarized Indemnification Agreement  

 

□     4. Current copy of the deed or lease demonstrating lawful possession of cultivation site, dated no later than May 10, 2016.

 

□     5. If not the owner of the parcel, attach signed, dated, notarized Landowner Consent Form

 

□     6. A plot plan describing your property boundaries, cultivation area, structures, access drives, and other pertinent information. 

 

□     7. If registrant is an entity, a copy of document (e.g. corporate board resolution) providing authorization for the signor to act on behalf of entity.

 

□     8. At least one of the following:

 

  • Copy of Notice of Applicability enrolling the registrant for coverage under Water Quality Control Board (WQCB) General Order No. R5-2015-0113, consistent with the area proposed for cultivation.

 

  • Copy of Notice of Intent (NOI) to enroll registrant for coverage under WQCB General Order No. R5-2015-0113, consistent with the area proposed for cultivation. If only NOI submitted, registrant MUST return to Planning Department no later than Sept. 7, 2016 with copy and receipt demonstrating complete application was submitted to WQCB.

□     9. At least one of the following:

 

  • Date-stamped photographic evidence of grading and/or earthmoving commensurate with the area proposed to be cultivated.

 

  • Date-stamped photographic evidence of cultivation commensurate with the area proposed to be cultivated.

 

□     10. At least one of the following:

 

  • Date-stamped receipts for equipment and supplies of a type and quantity related to commercial cannabis cultivation on the proposed site.

 

  • Signed contract executed no later than May 10, 2016 to provide medical cannabis grown on the proposed cultivation site to a California medical cannabis dispensary, distributor, or other medical cannabis business.

 

  • If not clear on the face of registrant’s business license, a document(s) dated no later than May 10, 2016 linking registrant’s licensed cannabis-related business to the proposed cultivation site.

 

  • Letters of incorporation dated no later than May 10, 2016 demonstrating that registrant intended to cultivate commercial cannabis on the proposed cultivation site.

 

  • If not clear on the face of registrant’s California Seller’s Permit, a document(s) dated no later than May 10, 2016 linking registrant’s Seller’s Permit to commercial cannabis cultivation on the proposed site.

 

  • Official documentation dated no later than May 10, 2016 of registrant’s current compliance or intent to comply with Water Quality Control Board regulations for commercial cannabis cultivation on the proposed site.

 

  • Insurance documents demonstrating that a commercial insurance policy was purchased to protect against the loss of cannabis cultivation infrastructure at the proposed site.

 

  • Documentation of taxes paid to the State Board of Equalization no later than May 10, 2016 based on sales of medical cannabis at the proposed site.

 

  • Any similarly reliable documentary evidence satisfactory to the Planning Director establishing that medical cannabis was planted and grown on the proposed cultivation site no later than May 10, 2016.

 

 

Due by September 7th 2016:

 

  1. A copy of current Calaveras County business license (must be received by Planning Dept. no later than Sept. 7, 2016).

 

  1. A copy of California Seller’s Permit (must be received by Planning Dept. no later than Sept. 7, 2016).

 

  1. If registrant is an entity, the exact name of business entity as registered with California Secretary of State (must be received by Planning Dept. no later than Sept. 7, 2016).

 

  1. If the registrant did not file a WQCB NOA by the June 30th deadline, Registrant must submit a WQCB NOA (Notice of Applicability) with receipt, showing that the registrant has been issued a permit by the WQCB (Must be received by Planning Dept. no later than Sept. 7, 2016.

 

 

 

 

Explanation of Materials for Commercial Cultivation Application

 

Due by June 30th:

  1. 1.         Application Fee ($5,000 for Commercial Cultivation)

 

  1. 2.           Copy of Valid State issued Driver’s license or other government issued ID (includes passports)
  2. 3.           Signed and Notarized Indemnification Agreement  

By signing this you agree 1. not to sue the county, 2. to pay (along with all other growers in the program) for the defense of the program should someone sue, and 3. to reimburse the cost incurred by the county in remediating any problems with your grow should you be found out of compliance.

 

You can find the indemnification agreement form here:

http://planning.calaverasgov.us/Portals/planning/Plan Comm Meetings/Info/Cannabis/MMJ Indemnification.pdf

 

  1. 4.            Current copy of the deed or lease demonstrating lawful possession of cultivation site, dated no later than May 10, 2016.

If you provide a lease, it must be signed by ALL owners, not just one.

 

  1. 5.  If not the owner of the parcel, attach signed, dated, notarized Landowner Consent Form per Chapter 17.95.165 (A)(2)(q).

The county has provided a standardized form for landowner approval:

http://planning.calaverasgov.us/Portals/planning/Plan Comm Meetings/Info/Cannabis/MEDICAL CANNABIS CULTIVATION LANDOWNER CONSENT FORM.pdf

 

     Once you have filled out this form, you will have to have it NOTARIZED at a NOTARY.  A NOTARY is a third-party witness that not only verifies the signatures of a document and the identity of those signing them, but also the fact that all parties who signed did so willingly and under their own power. Realty businesses and post offices often offer notary services. There are many notaries in Calaveras County, and CCA will be posting a list of these on our website in coming weeks. This process is quick and cheap.

 

6. A plot plan describing your property boundaries, cultivation area, structures, access drives, and other pertinent information. 

 

The plot plan can be prepared by anyone, must be to scale drawn on standard size paper and must include the following:

1. Property boundaries

2. Cultivation site, including setbacks from property line

3. Location of your well 

4. Location of any improvements, including fences, structures, and access drives

5. APN number

6. Address of the parcel

7. name of the owner and any people leasing the parcel

 

In order to find the appropriate scale for your drawing, CCA recommends viewing your property on a satellite mapping program that involves a scale measurement, such as Google earth. This will allow you to measure distances virtually rather than spending all day running measuring tape.

 

Also, the 8 X 24 paper can be hard to find, it is our understanding that stores in Jackson may carry it, and we’ll update this packet as to possible outlets for this when we know more.

 

(See examples of plot plan drawings at the end of this section)

 

  1. 7.            If registrant is an entity, a copy of document (e.g. corporate board resolution) providing authorization for the signor to act on behalf of entity.

Planning department has not issued a list of specific documents that will work for this requirement. As such your best bet is to use the one example they provide- a board resolution that explicitly grants authorization of the registrant to sign on behalf of the entity. Copies of the articles of incorporation showing the registrant as an officer of the entity may also work, but this has not yet been confirmed.

 

  1. 8.            At least one of the following:

 

 

 

  • Copy of Notice of Intent (NOI) to enroll registrant for coverage under WQCB Medical Marijuana General Order

 

  • Copy of Notice of Applicability (NOA) enrolling the registrant for coverage under Water Quality Control Board (WQCB) Medical Marijuana General Order

 

The application for a WQCB permit is call a Notice of Intent (NOI). You must file this with the WQCB to get your WQCB permit. When you are approved, the WQCB will issue you a “notice of applicability” which is essentially a notice from the WQCB that you’ve been granted your WQCB permit. NOTE: IF ONLY NOI IS SUBMITTED, YOU MUST SUBIT YOUR NOTICE OF APPLICABILITY W/RECEIPT TO THE PLANNING DEPARTMENT BY SEPTEMBER 7TH 2016. See part 1 of this packet for a summary explanation of the WQCB regulations. To see the full WQCB General Order on Medical Marijuana, go here: http://www.waterboards.ca.gov/centralvalley/water_issues/cannabis/index.shtml

 

  1. 9.            At least one of the following:

 

  • Date-stamped photographic evidence of grading and/or earthmoving commensurate with the area proposed to be cultivated.

 

  • Date-stamped photographic evidence of cultivation commensurate with the area proposed to be cultivated.

 

 

            Nearly all digital devices that take pictures assign a date-stamp to the pictures you take. Most of them have a gallery mode wherein you can browse pictures by date, with the date displayed at the top. A screen shot of this should be sufficient. It is also possible that the Planning Department may accept photos without an embedded date stamp so long as the registrant writes the date on the photo and signs next to it, effectively attesting under penalty of perjury that the photo was taken when the registrant said it was. This has not yet been confirmed.

 

  1. 10.         At least one of the following:

 

  • Date-stamped receipts for equipment and supplies of a type and quantity related to commercial cannabis cultivation on the proposed site.

 

  • Signed contract executed no later than May 10, 2016 to provide medical cannabis grown on the proposed cultivation site to a California medical cannabis dispensary, distributor, or other medical cannabis business.

 

  • If not clear on the face of registrant’s business license, a document(s) dated no later than May 10, 2016 linking registrant’s licensed cannabis-related business to the proposed cultivation site.

                 

We have not yet received a specific list of documents that will work for this requirement. However, it is likely that utility bills, invoices, or mail will work.

 

 

  • Letters of incorporation dated no later than May 10, 2016 demonstrating that registrant intended to cultivate commercial cannabis on the proposed cultivation site.

                 

Also known as “articles of incorporation” or “certificate of incorporation”, the letters of incorporation are a collection of documents that make the existence of your business official and legally active. These are generally put together by a lawyer that specializes in structuring businesses. If the registrant is an incorporated entity that incorporated before May 10th 2016, and the letters of incorporation explicitly reference the address at which the registrant intends to cultivate, you can provide them to satisfy this requirement.

 

 

  • If not clear on the face of registrant’s California Seller’s Permit, a document(s) dated no later than May 10, 2016 linking registrant’s Seller’s Permit to commercial cannabis cultivation on the proposed site.

 

The county has not issued a specific list of documents that will work for this requirement. When you register with the State BOE to obtain your seller’s permit, you will need to start an online application and provide an address. A screen shot of this application showing the address you have registered under, or any documents issued to you by way of receipt from the state which show the address you have registered under, will probably work for this. See below under “Due by Sept 7th 2016” for a description of the BOE and Seller’s permit.

 

 

  • Official documentation dated no later than May 10, 2016 of registrant’s current compliance or intent to comply with Water Quality Control Board regulations for commercial cannabis cultivation on the proposed site.

 

                        Either the NOI or NOA, as described above

 

 

 

  • Insurance documents demonstrating that a commercial insurance policy was purchased to protect against the loss of cannabis cultivation infrastructure at the proposed site.

 

  • Documentation of taxes paid to the State Board of Equalization no later than May 10, 2016 based on sales of medical cannabis at the proposed site.

 

The county has not yet issued a specific list of documents that will work for this, but a tax return is your best bet.

 

 

  • Any similarly reliable documentary evidence satisfactory to the Planning Director establishing that medical cannabis was planted and grown on the proposed cultivation site no later than May 10, 2016.

 

This is the county throwing us a bone- they will take pretty much anything that reasonably links the registrant to the cultivation site.

 

 

Due by September 7th 2016:

 

  1. 1.    A copy of current Calaveras County business license (must be received by Planning Dept. no later than Sept. 7, 2016).


Getting your business license will require that you fill out a simple application, pay a $76 fee, and visit 3 county departments for approval.

 

Find the application here: http://www.calaverasgov.us/cc/Portals/0/Dept/TaxColl/Pub/Forms_Publications/Business_License_Application.pdf

 

  1. 2.    A copy of California Seller’s Permit (must be received by Planning Dept. no later than Sept. 7, 2016).

 

A seller’s permit is a permit issued by the California State Board of Equalization or BOE. The BOE is the state’s tax authority, much like the IRS is for the country. In order to legally sell goods in California, you must obtain a Seller’s Permit from the BOE. To get your seller’s permit, go to the link below and fill out the online application. Turnaround time is anywhere from 3 days to 3 weeks.

 

To find the application, go here and click “register online”, then click “register a business activity with the BOE”: https://www.boe.ca.gov/info/reg.htm (if hyperlink doesn’t work, cut and paste link into web browser – click on “Register a business activity”)

 

  1. 3.    If registrant is an entity, the Exact name of business entity as registered with California Secretary of State (Must be received by Planning Dept. no later than Sept. 7, 2016).

 

A date-marked printout from the California Secretary of State’s “Business Search” website indicating that the entity is currently listed as “Active” with the Board of Equalization is your best bet. Other documentation from the secretary of state may also work.

 

  1. 4.    If the registrant did not file a WQCB NOA by the June 30th deadline, registrant must submit a WQCB NOA (Notice Of Applicability) with receipt, showing that the registrant has been issued a permit by the WQCB (Must be received by Planning Dept. no later than Sept. 7, 2016).

 

            See information on WQCB NOI and NOA in previous sections of this packet

 

PLOT PLAN EXAMPLES:

 

 

 

 

 

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