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?

On January 1, 2023 the State redefined Mixed-Light and Outdoor licenses. The Division of Cannabis Control in Calaveras County will follow the definitions specified by the State.

If your cultivation permit or application is not utilizing any artificial light you would then be classified as “outdoor”. This type of permit would also allow for light deprivation and still be classified as “outdoor”.

As soon as you introduce any type of artificial light at any point in time, it then would be classified under mixed-light (either tier 1 or tier 2 depending on wattage per square foot).

If you have any questions, please contact the Division of Cannabis Control directly.

STATE DEFINITIONS BELOW FOR REFERENCE as of January 1, 2023

“Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure using a combination of:

(1) Natural light and either of the models listed below:

(A) “Mixed-light Tier 1,” without the use of artificial light or the use of artificial light at a rate above zero, but no more than six watts per square foot; or

(B) “Mixed-light Tier 2,” the use of artificial light at a rate above six and below or equal to twenty-five watts per square foot.

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

Right to Apply Sunset Date

24 January 2024

Right to Apply Sunset Date

RIGHT TO APPLY SUNSET DATE

17.95.050.(D)(16)

Any unexercised right to apply for a cultivation permit, whether held by an applicant who meets the eligibility criteria under Section 17.95.050(D)(1) or an applicant who has acquired eligibility pursuant to Section 17.95.050(D)(14), that has not been utilized as part of a complete application submitted under Section 17.95.060 on or before October 22, 2024, shall expire as of that date. This sunset date does not affect any other portion of Chapter 17.95, now or as may be amended, including but not limited to transfer of permits (Section 17.95.100), alterations or expansion of premises (Section 17.95.110), relocation of permitted premises or changes to parcel boundaries (Section 17.95.120).

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 requirements are specified in Chapter 17.95 of the County Code. You should carefully review the ordinance and, if necessary seek the advice of an attorney if you are going to apply for the program.

Pursuant to §17.95.050.D.1, In order to be able to apply, you must meet the following requirements:

  1. You registered with the Planning Department before June 30, 2016 under the urgency ordinance program; and
  2. You did not withdrawn the registration or have it denied; and
  3. You submitted an application for a temporary state license before June 7, 2018.
  4. You never had your state temporary license suspended or revoked by the CDFA.


However, if you cannot meet all four of the above requirements, you may be able to purchase or otherwise procure the right to apply from someone who does meet those requirements (see §17.95.050.D.15)

Can I Pay My Application Fee in Cash?

7 November 2022

Can I Pay My Application Fee in Cash?

The Division of Cannabis Control has a non-cash policy. If you are totally unable to pay your application fee with a check, cashier’s check, or money order, then you can fill out a waiver form (downloadable from on the Division of Cannabis Control Website under "Applications" and select the DCC-1A Cash Policy Waiver document.

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?

No permits can be issued until an applicant has demonstrated that their former cultivation site has been remediated.

Call (209) 754-6336 to arrange for the inspection of your former cultivation site. Once your inspection is complete, Code Compliance will notify the Division of Cannabis Control that you have either passed your inspection or if further remediation work is necessary.

How do I Get Started with the Application Process?

7 November 2022

How do I Get Started with the Application Process?

The commercial cannabis application process is a two-step process. The first step is the pre-application phase. Once you have filled out and submitted your pre-application forms, staff will determine whether your business and your proposed cultivation premises are eligible for the program.

The pre-application forms, instructions, and required attachments are available for download by clicking the Application button on the Cannabis Control Website. Be sure to carefully review the pre-application instructions before completing the document and attachments.

NOTE: You do not need to fill out and submit the cash waiver form unless you are totally unable to pay your application fee with a check, money order, or cashier's check.

How Much is the Application Fee?

7 November 2022

How Much is the Application Fee?

The application fee is $12,561.00

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?

The continuation fee is $2,606.00 and is due 12 months after a permit is issued.

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?

Yes. Pursuant to §17.95.050.D.15, any individual or business entity that meets the requirements of §17.95.050.D.2-14 can obtain the right to apply to the County’s cannabis program from anyone who meets the requirements that are listed above (see also §17.95.050.D.1). 

BUYER BEWARE: If you are going to purchase the right to apply to the program you need to ensure that the person from whom you are receiving the right to apply meets the requirements of §17.95.050.D.1. You should seek the advice of an attorney throughout the process of purchasing or selling the right to apply to the County’s Commercial Cannabis program.

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, with certain exceptions, banned in Calaveras County.

1. Personal cultivation - The County allows up to six plants to be grown per household (not per person) without submitting an application or receiving a permit from the County.

  • The six plant limit applies regardless of whether the cannabis is for medical or non-medical use.
  • The six plant limit also applies regardless of the size or maturity of the plants. In other words, you cannot have six large plants and additional seedlings; the total amount allowed is six plants.
  • Personal cultivation is not allowed within 75 feet of your neighbor’s property line.
  • No cultivation is allowed in the common areas of a multi-family dwelling, residential development, mobile home park, or similar residential arrangement.
     

(See §17.95.050.C for more information on “non-commercial cultivation.”)

2. Commercial Cultivation - The new ordinance allows certain eligible individuals or business entities to apply for the privilege to cultivate commercially on parcels of 20 acres or more zoned RA, A1, AP and GF. It also allows for consideration of a conditional use permit for cultivation on parcels between 10 and 19.99 acres in the same zones. Indoor cultivation is also permitted in the industrial zones of M1, M2 and M4. Limited indoor cultivation is also permitted in the CP zone as a part of a cannabis retailer operation, and permitted cultivators with self-distribution licenses will be allowed to transport their own cannabis in accordance with state law. Eligible applicants can apply for outdoor cultivation permits, indoor cultivation permits, mixed light cultivation permits, processor licenses, and nursery licenses. To find out if you are eligible to apply for a commercial cannabis permit see below.

(See §17.95.050.D of The County Code for more information)

3. Self-Distribution, Transport Only - Anyone who receives a permit for cultivation site, processing facility, or nursery is authorized by the County to apply for a Self-Distribution Transport Only license from the Department of Cannabis Control.

4. Limited Distribution, General Distribution & Testing - please refer to 17.95.080 for detailed information.

4. Cannabis Retail activities are governed by Chapter 17.91 of the County Code.

NOTE: No commercial cultivation activities are permitted until a permit has been VALIDATED by the County. A permit is not validated until the applicant has received both a state license and local permit.

When can I Begin Cultivating?

7 November 2022

When can I Begin Cultivating?

No one is authorized to cultivate cannabis or engage in any other commercial cannabis activities until their permit has been validated by the Division of Cannabis Control.

Your permit will not be validated until you have satisfied all of the requirements of the County Code and the Division of Cannabis Control has received a copy of your State License from the Department of Cannabis Control.

Carefully review the application requirements, the permit requirements, validation requirements, and operating restrictions found in Chapter 17.95.

In addition to meeting all of the requirements in Chapter 17.95 you will have to undergo a site inspection and demonstrate compliance with all other applicable County Codes and State laws, including but not limited, to the Building Code, Fire Code, Public Resources Code §§4290 and 4291, and applicable provisions of the Health and Safety Code, Business and Professions Code, and Agricultural Code that are administered by the various County Departments.

County staff will assist you in complying with the many laws and regulations that you will have to comply with.

When Can I Submit My Application and Supporting Documents?

7 November 2022

When Can I Submit My Application and Supporting Documents?

You can submit your application(s) and supporting documents directly to the Division of Cannabis Control in Building "E" at 891 Mountain Ranch Rd., San Andreas, CA.

Where is the Division of Cannabis Control Office Located?

7 November 2022

Where is the Division of Cannabis Control Office Located?

The Division of Cannabis Control is located in Building E at the Calaveras County Government Center. We are open from 8am to 4pm Monday to Friday (closed on holidays and weekends).