California State Licensing Requirements for Cannabis Cultivators

What does it take to get your California cannabis cultivation license? In this extremely competitive licensing environment, knowing the full process for getting a cannabis cultivation license is important. Here’s a summary of the licensing requirements for cultivation.

Who issues the annual state cultivation licenses?
There are three distinct agencies involved in issuing the California annual cultivation license. They are:

1. CalCannabis under the Department of Food and Agriculture.
2. Department of Fish and Wildlife
3. California State Water Board

Each of these agencies oversees various aspects necessary for the issuance of an annual license. CalCannabis actually grants the license, but there are essential requirements an applicant needs to secure from the other two agencies to submit a complete application with the Department of Food and Agriculture.

Category	Indoor	Outdoor	Mixed Light
Specialty Cottage	Up to 25 mature plants	Up to 500 sq ft	Up to 2,500 sq ft
Specialty	Up to 5,000 sq ft or up to 50 mature plants	​Up to 5,000 sq ft	​Up to 5,000 sq ft
Small	​5,001-10,000 sq ft	​5,001-10,000 sq ft	5,001-10,000 sq ft
Medium (limited)	​10,001 sq ft to 1 acre	​10,001- 22,000 sq ft	​10,001- 22,000 sq ft
Large*	Greater than 1 acre	​Greater than 22,000 sq ft	Greater than 22,000 sq ft

.Processor: Conducts only trimming, drying, curing, grading, or packaging of cannabis and non-manufactured cannabis products

Nursery: No size limit defined in statute (no canopy.
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*Large licenses will not be issued until 2023. Note that greenhouses with dirt floors are considered Outdoor Facilities.
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How do you apply for a license?
You may submit an application for a cultivation license at any time. Here are some of the general requirements for the California cultivation license application:

• General business information: the owner, business, and property details, which includes your lease agreement, property title, or deed.
• Business formation documents filed by the California Secretary of State’s office
• California State Water Resources Control Board permits and verification of your water source, including: well logs, Notice of Applicability, or a Waste Discharge Requirement (WDR) waiver.
  • You can register for the Waste Discharge Program online. Submit the Conditional Waiver of Waste Discharge Requirements or a Notice of Applicability with your cultivation license application.
  • Register online for Evidence of Envirostor Search for your proposed location
  • Be prepared to document your water sources: well, rainwater catchment system, diversion of water supply, or municipal water supply
  • If you are building a facility and disturb more than one acre of the property, you will need to acquire a Stormwater Permit and supply the Board with a Stormwater Plan and Pre-construction Hydrology Report.
  • Have all your recirculation systems approved by the State Water Board.
• California Department of Fish and Wildlife’s 1602 permit or a waiver. Apply for these agreements online. When you apply, you will need to provide a project description, water source, and project maps, along pre-written agreement that will be re-submitted every five years. Prepare to include:
  • Self-Certified Agreement: facilities that are completely indoor, utilize municipal water supply and sewage
  • General Agreement: specific to particular actions such as small stream diversions, stream crossings (bridge, rock ford, fishless bodies of water)
  • Standard Agreement: everything else that doesn’t fall under Self-Certified or General.
  • A bio-resource assessment, design plans, detailed maps: aerial, plot, driving, and proof that the activity to be conducted is CEQA Exempt
• A California Department of Toxic Substances Control’s hazardous materials record search via their EnviroStor data-management system
• California Department of Tax and Fee Administration’s seller’s permit
• Labor peace agreement if you’ll have more than 20 employees
• Surety bond valued at $5,000
• California Department of Justice fingerprinting via its Live Scan service

Other things you may need to submit include:

• Cultivation Plan: include storage of fertilizers, nutrients, and pesticides
• Lighting Plan (if applicable)
• Pest Management Plan: integrated Pest Management Plan, pesticide list and use, include storage of pesticide
• Attestation that site is 600 feet from sensitive uses
• Attestation that applicant is Agricultural Employer
• Waiver of Limited Sovereign Immunity
• Buffer requirement of waste and trash disposal and/or storage from streams, rivers, and other bodies of water with fish: 150 ft.

Applicants must submit to the Department of Fish and Wildlife any final lake or streambed alteration agreement or a written verification from CDFW that an agreement is not required.

When you are granted a license, you will be required to train your team to use the California Cannabis Track and Trace System within 10 days of receiving your license. Licensees are also required to order UID tags from the Department of Food and Agriculture within five days of completing their CCTT training.

For more resources and help applying for the cultivation license, read this guide and get in touch with our experts.