CalCannabis Cultivation Licensing Regulations
§ 8106. Cultivation Plan Requirements.
The cultivation plan for Specialty Cottage, Specialty, Small and Medium licenses shall include all of the following:
- A detailed premises diagram showing all boundaries and dimensions in feet of the following proposed areas to scale:
- Designated composting area(s) if the licensee will compost cannabis waste on site;
- For indoor and mixed-light license type applications, a lighting diagram with the following information shall be included:
- A cannabis waste management plan meeting the requirements of section 8108 of this chapter.
The cultivation plan for nursery licenses shall include the following information:
- A detailed premises diagram showing all boundaries and dimensions, in feet, of the following proposed areas to scale:
- Designated composting area(s) if the licensee will compost cannabis waste on site; and
- Designated secured area(s) for cannabis waste if different than subsection above.
- A cannabis waste management plan pursuant to section 8108 of this chapter.
The cultivation plan for processor licenses shall include a detailed premises diagram showing all boundaries and dimensions, in feet, of the following proposed areas:
- Designated composting area(s) if the licensee will compost cannabis waste on site;
- Designated secured area(s) for cannabis waste if different than subsection (3) above; and;
- A cannabis waste management plan pursuant to section 8108 of this chapter.
§ 8108. Cannabis Waste Management Plan
For the purposes of this section, “cannabis waste” is organic waste, as defined in section 42649.8(c) of the Public Resources Code. An applicant’s cannabis waste management plan shall identify one or more of the following methods for managing cannabis waste generated on their licensed premises:
- On-premises composting of cannabis waste;
- Collection and processing of cannabis waste by a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency;
- Self-haul cannabis waste to one or more of the following;
- A manned fully permitted solid waste landfill or transformation facility;
- A manned fully permitted solid waste landfill or transformation facility;
- A manned fully permitted composting facility or manned composting operation;
- A manned fully permitted in-vessel digestion facility or manned in-vessel digestion operation;
- A manned fully permitted transfer/processing facility or manned transfer/processing operation; or
- A manned fully permitted chip and grind operation or facility.
§ 8308. Cannabis Waste Management
For the purposes of this section, “cannabis waste” is organic waste, as defined in section 42649.8(c) of the Public Resources Code.
A licensee shall manage all hazardous waste, as defined in section 40141 of the Public Resources Code, in compliance with all applicable hazardous waste statutes and regulations.
A licensee shall manage all cannabis waste in compliance with division 30, part 3, chapters 12.8, 12.9 and 13.1 of the Public Resources Code. In addition, licensees are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
A licensee shall dispose of cannabis waste in a secured waste receptacle or in a secured area on the licensed premises designated on the licensee’s premises diagram and as identified in the licensee’s cultivation plan. For the purposes of this section, “secure waste receptacle” or “secured area” means that physical access to the receptacle or area is restricted only to the licensee, employees of the licensee, or the local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by the local agency. Public access to the designated receptacle or area shall be strictly prohibited.
A licensee shall comply with the method(s) for managing cannabis waste identified on their cannabis waste management plan in accordance with section 8108.
If composting cannabis waste on the licensed premises, a licensee shall do so in compliance with title 14 of the California Code of Regulations, division 7, chapter 3.1 (commencing with section 17850).
If a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency is being used to collect and process cannabis waste, a licensee shall do all the following:
- Provide the department with the following information for the local agency, a waste hauler franchised or contracted by the local agency, or private waste hauler permitted by the local agency who will collect and process the licensee’s cannabis waste;
- Name of local agency providing waste hauling services, if applicable;
- Company name of the waste hauler franchised or contracted by a local agency or private waste hauler permitted by the local agency, if applicable;
- Local agency or company business address; and
- Name of the primary contact person at the local agency or company and contact person’s phone number;
- Obtain and retain documentation from the local agency, the waste hauler franchised or contracted by a local agency, or private waste hauler permitted by the local agency that indicates the date and time of each collection of cannabis waste at the licensed premises;
- Obtain and retain a copy of the certified weight ticket, or other documentation prepared by the local agency, the waste hauler franchised or contracted by a local agency, or private waste hauler permitted by the local agency evidencing receipt of the cannabis waste at one or more of the solid waste facilities in section 8108(c); and
- Cannabis waste may be collected from a licensee in conjunction with a regular organic waste collection route used by the local agency, the waste hauler franchised or contracted by a local agency, or private waste hauler permitted by the local agency.
If self-hauling cannabis waste to one or more of the solid waste facilities in section 8108(c)above, a licensee shall obtain and retain, for each delivery of cannabis waste by the licensee, a copy of a certified weight ticket, or receipt documenting delivery, prepared by a representative(s) of the solid waste facility receiving the self-hauled cannabis waste. Transportation of self-hauled cannabis waste shall only be performed by the licensee or employees of the licensee.
In addition to all other tracking requirements set forth in sections 8405 and 8406 of this chapter, a licensee shall use the track-and-trace system and documentation required pursuant to this section to ensure the cannabis waste is identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with subsections (f), (g) and (h) above.
A licensee shall maintain accurate and comprehensive records regarding cannabis waste that account for, reconcile, and evidence all activity related to the generation or disposition of cannabis waste. All records required by this section are records subject to inspection by the department and shall be kept pursuant to section 8400 of this chapter.
§ 8400. Record Retention.
Each licensee shall maintain all of the following records on the licensed premises, including but not limited to:
- Records associated with composting or disposal of cannabis waste.
§ 8402. Track-and-Trace System.
Except as provided in section 8405 (e) of this chapter, each licensee shall report in the department’s track-and-trace system ( a metric program) the disposition of immature and mature plants, nonmanufactured cannabis products on the licensed premises, any transfers associated with commercial cannabis activity between licensees, and any cannabis waste pursuant to this chapter.