As California prepares to start issuing cannabis cultivation licenses on January 1, 2018, the state is becoming more transparent regarding the exact requirements for legal cultivation under the new regulatory regime. Our cannabis lawyers are often asked how you can prepare for licensing – here is your answer. The California Department of Food & Agriculture’s just released a full checklist of requirements for the Cal. Cannabis cultivation application, now available in .pdf form on their website.

These requirements represent an important shift in the state’s attitude when it comes to cannabis cultivation – in particular, the checklist shows that California plans for far more robust cooperation between state and local regulatory authorities than has existed in the past. As Merry Jane writes in an article about the checklist, “Unlike the current cat and mouse games canna-businesses play with local municipalities under the wild west rules of Prop 215, California’s new system will see increased coordination between state and local governing bodies by requiring licenses for cannabis operations at both levels.” Our Los Angeles cannabis attorneys have witnessed both the wild west and the implementation of the new system as cities and counties around California issue their own permits and licenses. 

This two-level licensing structure also means that the process of applying for a cultivation license will be an arduous one, with applicants required to jump through a long series of bureaucratic hoops in order to attain legal status. The full State requirements, as listed in the checklist, are as follows:

• An existing local cultivation permit (optional, but recommended)
• Proof of the applicant’s right to occupy the property used for cultivation
• Business formation documents filed by the California Secretary of State’s office
• California State Water Resources Control Board permits and verification of water source
• California Department of Fish and Wildlife’s 1602 permit or a waiver
• California Department of Toxic Substance’s hazardous materials record search via their EnviroStor data-management system
• California Department of Fee and Tax Administration’s seller’s permit
• Labor peace agreement (for operations that will employ more than 20 people)
• Surety bond valued at $5,000
• California Department of Justice fingerprinting via its Live Scan service

The checklist also includes a list of local permits that may be required, including those issued by the municipality’s Building Department, Public Works Department, and Sheriff’s Office. The takeaway is clear; while Jan 1, 2018, may seem very soon to aspiring cannabusiness owners, getting a legal license to cultivate cannabis won’t be possible without a lot of paperwork.

{{cta(’75c98fad-ab66-4c34-8425-715e7e57d0c5′)}} for more information on state or local licensing requirements, or consult our guide to California’s new marijuana regulations.