FAQs

How does the County define Mixed-Light and Outdoor cultivation after the State recently changed their definitions?

16 March 2023

How does the County define Mixed-Light and Outdoor cultivation after the State recently changed their definitions?

Effective January 1, 2023, the State of California revised its definitions of outdoor and mixed-light cultivation. The Calaveras County Building Department applies the cultivation classifications established by the State.

Outdoor Cultivation

Cultivation is classified as outdoor when no artificial lighting is used within the mature cannabis canopy area at any point in time. Light-deprivation methods may be used without changing the outdoor classification, provided no artificial lighting is introduced.

Mixed-Light Cultivation

Cultivation is classified as mixed-light when artificial lighting is used within the mature cannabis canopy area. The applicable tier is determined by the rate of artificial light used per square foot:

Mixed-Light Tier 1: Artificial lighting above zero and not exceeding six watts per square foot.

Mixed-Light Tier 2: Artificial lighting above six watts and not exceeding 25 watts per square foot.

State Definitions Effective January 1, 2023

“Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or similar structure using natural light in combination with artificial lighting within the limits established for Mixed-Light Tier 1 or Tier 2.

“Outdoor cultivation” means the cultivation of mature cannabis without the use of artificial lighting in the canopy area at any point in time.

Questions regarding the classification of a County cultivation permit or application may be directed to the Calaveras County Building Department at (209) 754-6070.

Right to Apply Sunset Date

24 January 2024

Right to Apply Sunset Date

Chapter 17.18 established a sunset date for any unused right to apply for a commercial cannabis cultivation permit.

Calaveras County Code §17.18.050(D)(16)

Any unexercised right to apply for a cultivation permit, whether held by an applicant who met the eligibility requirements of §17.18.050(D)(1) or lawfully acquired eligibility under §17.18.050(D)(14), was required to be exercised by submitting a complete application pursuant to §17.18.060 on or before the statutory deadline.

Statutory deadline: October 22, 2024

Any right to apply that was not exercised through the submission of a complete application by October 22, 2024, expired as a matter of law.

Note: This sunset provision does not affect other provisions of Chapter 17.18, including permit transfers under §17.18.100, alterations or expansions of permitted premises under §17.18.110, or relocations and parcel boundary changes under §17.18.120.

Am I eligible to apply to the Calaveras County commercial cannabis program?

7 November 2022

Am I eligible to apply to the Calaveras County commercial cannabis program?

Eligibility for a commercial cannabis cultivation permit was limited to applicants who satisfied the requirements of Calaveras County Code §17.18.050(D)(1) or lawfully acquired a right to apply pursuant to §17.18.050(D)(14).

The original eligibility requirements generally required an applicant to demonstrate that:

  1. The applicant timely submitted a commercial cannabis cultivation registration application under the County’s May 10, 2016 urgency ordinance program;
  2. The registration application was not withdrawn, denied, or revoked by the County;
  3. The applicant applied for a temporary state cultivation license by June 7, 2018, for the cultivation site identified in the County registration application; and
  4. The temporary state license for the premises was never suspended or revoked by the State.
Right-to-apply deadline: Any unused right to apply that was not exercised through the submission of a complete application by October 22, 2024, has expired. An expired right to apply may no longer be transferred, purchased, or used to submit a new cultivation permit application.

The expiration of unused application rights does not prevent the transfer of an existing cannabis activity permit under §17.18.100 or other authorized changes to an existing permit under Chapter 17.18.

Applicants and permittees should carefully review Chapter 17.18 of the Calaveras County Code. Legal questions regarding eligibility, ownership, or permit-transfer rights should be directed to a qualified attorney.

View the Calaveras County Code of Ordinances

Can I pay my application fee in cash?

7 November 2022

Can I pay my application fee in cash?

Cash payments are accepted; however, the Calaveras County Building Department limits cash payments to $2,000 per transaction.

Any remaining balance must be paid by personal check, cashier’s check, money order, or credit card.

Checks and money orders must be made payable to CCBD. Clearly write the applicable cannabis permit or application number on the payment.

Questions regarding payment methods may be directed to the Calaveras County Building Department at (209) 754-6070.

How can I show that I’ve remediated my former cultivation site?

7 November 2022

How can I show that I’ve remediated my former cultivation site?

A cannabis permit cannot be issued until the applicant has demonstrated that their former cultivation site has been remediated.

Contact the Building Department inspection team at (209) 754-6390 ext. 4 to arrange an inspection of the former cultivation site.

After the inspection, the Building department will update the records to indicate the site has passed inspection or if additional remediation work is required.

Visit the Code Compliance website

How do I get started with the application process?

7 November 2022

How do I get started with the application process?

The commercial cannabis permit process generally consists of two phases:

  1. County application and review: Submit a complete County application with all required documents and fees. Building Department staff will review the application to determine whether the applicant, proposed activity, parcel, and premises comply with Chapter 17.18 of the Calaveras County Code.
  2. State licensing and County validation: If the County application is conditionally approved, the applicant may complete the licensing process with the California Department of Cannabis Control. After all County requirements have been satisfied and the required state license has been issued, the County permit may be validated.
Important: Conditional approval does not authorize commercial cannabis operations. Operations may not begin until the required state license has been issued and the County permit has been validated.

Application forms, instructions, and submittal checklists are available on the Applications webpage . Carefully review the application instructions, checklists, and applicable handouts before submitting an application to the Building Department.

Incomplete submittals will not be accepted. All required documents must be included, complete, and prepared in accordance with Chapter 17.18 of the Calaveras County Code.

How much is the continuation fee and when is it due?

7 November 2022

How much is the continuation fee and when is it due?

Pursuant to Calaveras County Code §17.18.140, cannabis activity permittees must complete the annual continuation process and pay the applicable continuation fee in full at least 30 days before the anniversary of the permit’s validation date.

Cultivation permit continuation: $331

Distribution or testing permit continuation: $245

Cultivation permittees must also submit the documentation required by §17.18.140, including evidence of the required annual greenhouse gas emissions offset, any applicable annual well report, and evidence that the required cash deposit or surety bond remains valid and fully collectible by the County.

If a well report is required, it must demonstrate that an adequate water supply remains available for the operation or provide evidence that an alternative water source has been secured.

Permit holders should begin preparing their annual continuation documents well before the deadline to allow sufficient time to obtain and submit all required materials.

Important: Failure to timely pay the required continuation fee may result in revocation of the cannabis activity permit. Questions may be directed to the Calaveras County Building Department at (209) 754-6070.

If I am not eligible, can I obtain eligibility from a person or business that is eligible?

7 November 2022

If I am not eligible, can I obtain eligibility from a person or business that is eligible?

No. Pursuant to Calaveras County Code §17.18.050(D)(16), any unused right to apply for a commercial cannabis cultivation permit expired on October 22, 2024, unless it had been exercised through the submission of a complete application by that date.

An expired right to apply may no longer be purchased, transferred, or used to submit a new commercial cannabis cultivation permit application.

This limitation applies to unused rights to apply. It does not prohibit the transfer of an existing commercial cannabis activity permit to a qualified successor-in-interest pursuant to §17.18.100.

Anyone considering the purchase or transfer of an existing cannabis business or permit should contact the Calaveras County Building Department at (209) 754-6070 and consult a qualified attorney before completing the transaction.

Summary of the currently adopted ordinance

1 April 2024

Summary of the currently adopted ordinance

A brief explanation of the currently adopted cannabis ordinance that was adopted by the Calaveras County Board of Supervisors on October 22nd, 2019.

On October 22, 2019, the Calaveras County Board of Supervisors adopted an ordinance regulating commercial cannabis cultivation within the County.

The ordinance allows eligible individuals and business entities to apply for commercial cannabis cultivation permits on parcels of 20 acres or more within the U, RA, A1, AP, and GF zoning districts. Cultivation on parcels between 10 and 20 acres within these zoning districts may be considered through a conditional use permit.

Indoor cultivation is permitted within the M1, M2, and M4 industrial zoning districts. Limited indoor cultivation may also be permitted within the CP zoning district when conducted as part of an authorized cannabis retail operation. Permitted cultivators holding a self-distribution license may transport their own cannabis in accordance with applicable state and local law.

The number of cultivation permit applications is limited to eligible participants from the County’s former urgency ordinance registration program. Eligibility generally applies to growers whose registrations were not withdrawn or denied and who had either obtained a state license or submitted a state license application before processing was halted following the prior countywide prohibition.

An eligible grower’s right to apply may be transferred to another qualified applicant. An issued permit may also be transferred in accordance with Chapter 17.18 of the Calaveras County Code.

The ordinance also regulates cannabis cultivation for personal use. Commercial manufacturing, testing, and distribution, other than authorized self-distribution, are prohibited. Cannabis retailers are regulated separately under Chapter 17.17 of the Calaveras County Code.

Commercial cultivation is subject to numerous development standards and operational requirements. Cultivation may not begin until all applicable requirements have been satisfied, the required state license has been issued, and the County permit has been validated.

Prospective applicants should carefully review Chapter 17.18 before submitting an application.

Questions may be directed to the Calaveras County Building Department at (209) 754-6070.

What are the current fees?

7 November 2022

What are the current fees?

The following cannabis permit fees are effective August 8, 2026:

Appeal: $1,731

Cultivation Continuation: $331

Distribution or Testing Continuation: $245

New Cultivation Permit: $1,084

New Distribution Permit: $690

New Testing Permit: $690

Ownership Transfer: $303

Permit Alteration: $418

Permit Reactivation: $434

Questions regarding cannabis permit fees may be directed to the Calaveras County Building Department at (209) 754-6070.

What kind of cannabis activities are allowed under the county ordinance?

7 November 2022

What kind of cannabis activities are allowed under the county ordinance?

Cannabis cultivation and commercial cannabis activities are prohibited in Calaveras County unless expressly authorized by Chapter 17.18 of the Calaveras County Code.

1. Noncommercial Cultivation

The County allows no more than six live cannabis plants per private residence without a County cannabis permit, subject to the requirements of §17.18.050(C).

  • The six-plant limit applies per residence, not per person.
  • The limit applies regardless of whether the cannabis is for medical or nonmedical use.
  • All live plants count toward the limit, regardless of their size or maturity.
  • An outdoor noncommercial cultivation site must be at least 75 feet from the nearest property line separating parcels that are not under common ownership.
  • Cultivation is not permitted within common areas of a multi-unit dwelling, residential development, mobile home park, or similar residential arrangement.
  • The plants and cannabis produced must be secured within a locked structure or enclosed area and must not be visible from a public place.
  • At least one dwelling must be located on the parcel, and each person cultivating cannabis must reside in a dwelling on that parcel.

2. Commercial Cultivation

Chapter 17.18 authorizes qualifying commercial cannabis cultivation activities within specified zoning districts and subject to applicable parcel-size, land-use, operating, and permitting requirements.

  • Commercial cultivation may be permitted on parcels of 20 acres or more within the U, RA, A1, AP, and GF zoning districts.
  • Cultivation on parcels between 10 and 19.99 acres within the RA, A1, AP, and GF zoning districts requires a conditional use permit in addition to a cannabis cultivation permit.
  • Indoor cultivation may be permitted within the M1, M2, and M4 industrial zoning districts.
  • Limited indoor cultivation may be permitted within the CP zoning district when conducted as part of an authorized cannabis retail operation.
Right-to-apply deadline: Any unused right to apply for a commercial cultivation permit expired on October 22, 2024. Existing permits may still be transferred to qualified successors-in-interest pursuant to §17.18.100.

3. Self-Distribution

A holder of a validated County

When can I begin cultivating?

7 November 2022

When can I begin cultivating?

No person or business is authorized to cultivate cannabis or conduct any other commercial cannabis activity until the applicable County permit has been validated by the Calaveras County Building Department.

Conditional approval is not authorization to operate. Commercial cannabis activities may begin only after the required state license has been issued and the County permit has been validated.

A County permit will not be validated until all applicable requirements of Chapter 17.18 have been satisfied and the Building Department has received a copy of the required license issued by the California Department of Cannabis Control.

Before validation, the applicant must complete any required inspections and demonstrate compliance with all applicable County codes and state laws, which may include:

  • California Building Standards Code;
  • Applicable fire code requirements;
  • Public Resources Code §§4290 and 4291;
  • Applicable provisions of the Health and Safety Code;
  • Applicable provisions of the Business and Professions Code;
  • Applicable agricultural laws and regulations.

Applicants should carefully review the application, permit issuance, validation, and operating requirements contained in Chapter 17.18. Additional approvals or inspections may be required by other County departments, fire districts, or state agencies.

County staff can help applicants identify applicable requirements and coordinate the required review process. Questions may be directed to the Calaveras County Building Department at (209) 754-6070.

When can I submit my application and supporting documents?

7 November 2022

When can I submit my application and supporting documents?

Applications and supporting documents may be submitted in person to the Calaveras County Building Department:

Calaveras County Building Department
Government Center, Building E
891 Mountain Ranch Road
San Andreas, CA 95249

The Building Department is open Monday through Friday from 8:00 a.m. to 4:00 p.m. The office is closed on weekends and County-observed holidays.

For assistance, contact the Building Department at (209) 754-6070.

Where is your office located?

7 November 2022

Where is your office located?

Cannabis permit services are provided by the Calaveras County Building Department, located in Building E at the Calaveras County Government Center.

The Building Department is open Monday through Friday from 8:00 a.m. to 4:00 p.m. The office is closed on weekends and County-observed holidays.

For assistance with cannabis permits, contact the Building Department at (209) 754-6070.

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