Urgency Ordinance Overview

Urgency Ordinance Overview

 

On May 10th 2016 the Calaveras Board of Supervisors passed an Urgency Ordinance regulating cannabis cultivation in Calaveras County.

 

Urgency Ordinances are TEMPORARY. This means that the county is still moving forward with the development of a permanent ordinance. However, the Urgency Ordinance states that Cultivators who do not register for the Urgency Ordinance will be disallowed from growing legally in Calaveras under any future permanent regulations, and their non-compliance will be reported to the state, who will in turn refuse to grant licensure under MMRSA.

 

In effect, this means that those who do not register under the urgency ordinance will not be allowed to grow legally in California at any point in the future.

 

In accordance with state law, the county will now be classifying growers into 2 groups: The first is personal and caregiver grows, the other will be commercial. If your grow is over 200 sq ft of canopy, the county will now consider you a commercial grower, and you will be subject to all of the fees and regulations of a commercial operation.

 

This includes Prop 215 collectives growing for multiple patients. Simply growing for patients does not make you a patient caregiver.

 

The Urgency Ordinance also puts a moratorium in effect on all new commercial-scale grows. As of May 10th, no more new grows will be allowed in Calaveras until further notice. Pre-existing Commercial grows will be given until June 30th to register with the county.

 

The definition of “pre-existing” is having your garden preparation finished. For indoor, this means having pulled permits for your building. For outdoor, it means having finished your land clearing and dirt work.

 

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 or 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 notarized 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.

 

When you put in your application, you will file a separate application for every property you grow on, with a separate application fee. You can register as many properties as you want.

 

You will have to include supporting documentation with your application. This documentation could take you days or even weeks to compile, so CCA recommends that you start getting it ready as soon as you can.

 

For those growers that can provide all required documentation by June 30th, you will be eligible for registration as fast as the county can process it. However, some of the things the county will be requiring for registration will take you a couple months to obtain. The county is allowing registrants until September 7th to turn in these specific documents and permits. Most growers can expect to submit partial applications by June 30th, and have to come back to the county by September 7th to finish it.

 

Once you have filed your application with the county (either full or partial) you will be given an “application pending” printout. You’ll have to laminate it and post it on a sign at your garden. So long as you have that posted, you’re allowed to keep growing.

 

Once you have registered, you will need to immediately set about getting your garden up to code and compiling any additional materials you need to complete your application by September 7th.

 

Eventually, the county will begin doing inspections for compliance. Inspections will be carried out jointly by the Sheriff Department and Code Compliance. Once you are registered, there is no risk of criminal charges by violating the urgency ordinance – registrants will be subject only to civil processes. If in violation, you will be fined up to $1000 a day for up to 30 days. If by that time you have not shown evidence of either having come into compliance or being in the process of coming into compliance, your registration will be permanently revoked. Just like any other civil process, you will have the right to an appeal of any decision made by any county official involved in processing your application. A successful appeal may result in decisions being overturned and fines reimbursed.

 

For a line by line breakdown of the ordinance including how to file your application see calaverascannabis.com for CCA’s guidance packet.

 

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