#CalCannabis program

[sabrinawhill]

CDFA Now Accepting Temporary Cannabis Licensing Applications

The California Department of Food and Agriculture’s (CDFA) CalCannabis program has officially launched its online licensing system and is now accepting applications for temporary commercial cannabis licenses for cultivators, nurseries and processors. The link to the online licensing system can be accessed at:  https://aca6.accela.com/calcannabis/Welcome.aspx The online system allows applicants to…

[abizinabox]

CalCannabis Organic Regs

CalCannabis Organic Regs

CalCannabis Organic Regs – new regulations were issued by CalCannabis. – The California Department of Food and Agriculture (CDFA) today released modified proposed regulations for the OCal Program, a statewide certification program that will establish and enforce comparable-to-organic cannabis standards. The release of these modified regulations marks the official start of…

[janepwilliams87]

State Of California Officially Promotes Marijuana Industry With New Campaign

The state of California is launching an educational outreach campaign meant to promote the marijuana industry and provide resources to help farmers secure and maintain cannabis cultivation licenses.

The California Department of Food and Agriculture’s (CDFA) CalCannabis Cultivation Licensing division is spearheading the “This is California Cannabis” campaign, which involves community events and workshops to inform residents about licensing opportunities within the market and technical assistance they provide.

“CDFA is committed to the success of our state’s commercial cannabis cultivators,” Karen Ross, the secretary of the department, said in a press release. “’This is California Cannabis’ celebrates the passion and hard work of licensed cannabis growers and highlights how we’re all working together to protect and promote the health, safety and quality of the industry.”

This is California Cannabis.

California is home to some of the most resilient and dedicated cultivator communities.#growwithCA#WeAreProud#ThisIsCaliforniaCannabis#CaliforniaCannabis pic.twitter.com/yWGfUaaxUr

— CalCannabis (@cal_cannabis) September 2, 2020

Another part of the outreach effort is a quarterly newsletter that will feature profiles of licensed cultivators, policy updates and tips. The department started by publishing three profiles of farmers based in Humboldt County, Santa Barbara County and Monterey County.

They also released several companion videos showcasing the farmers and highlighting how CDFA supports the industry and works with businesses to ensure that they’re in compliance.

“To live in Humboldt and to grow weed, it’s an amazing life,” CaliGardens owner Spencer Sanborn is shown saying in one of the state-funded videos. “We care about the people around us. If that can make it through, I’ll feel like I have succeeded.”

“You get to be a whole company. To be able to build out a whole team because you’re not trying to hide things is massive,” Christina DiPaci of Caliber Farms out of Monterey County said.

“We’re proud of California’s vibrant cannabis cultivator community,” Richard Parrott, director of CDFA’s CalCannabis Cultivation Licensing Division, said. “California is known for growing the best cannabis in the world and our licensed cultivators are leading the way with innovative practices and environmental sustainability.”

What makes the campaign unique is that it’s a state body not just providing resources to regulate the marijuana market but proactively reaching out and promoting the industry.

During California’s legislative session that ended this week, lawmakers approved bills to reform cannabis tax policy, promote marijuana business access to the banking system and create a state-regulated appellation program that’s designed to clarify where cannabis products are cultivated. A proposal to regulate hemp and CBD failed, however.

Meanwhile, a federal court recently ruled that California regulators must comply with a Drug Enforcement Administration subpoena demanding information about certain marijuana businesses as part of its investigation into potential illegal distribution of cannabis oil from Mexico.

As California Legislative Session Ends, Lawmakers Advance Some Marijuana Bills But Stall On CBD

Photo by Sam Doucette on Unsplash.

The post State Of California Officially Promotes Marijuana Industry With New Campaign appeared first on Marijuana Moment.

from Updates By Jane https://www.marijuanamoment.net/state-of-california-officially-promotes-marijuana-industry-with-new-campaign/

[supremekalmllc]

New Post has been published on https://supremekalm.com/breaking-california-cannabis-agencies-announce-license-feedeferral/

BREAKING: California Cannabis Agencies Announce License Fee Deferral

On May 14, 2020, the three California cannabis agencies, the Bureau of Cannabis Control, Department of Food and Agriculture CalCannabis Division, and Department of Public Health’s Manufactured Cannabis Safety Branch announced that licensed cannabis businesses with “licenses expiring between now through June 30, 2020 may request 60-day deferrals of their license fee payments.”

The announcement notes that the fee deferral program is a form of COVID-19 relief, and even notes that although cannabis has been deemed essential by the State of California and cannabis businesses have been allowed to keep operating, those same businesses have not been able to seek federal economic assistance.

With respect to the actual fee deferral, the announcement notes:

The Bureau of Cannabis Control (BCC), California Department of Food & Agriculture (CDFA) and California Department of Public Health (CDPH) will begin accepting requests for fee relief immediately. License fee deferrals may be requested by those with a state cannabis license expiring between now and June 30, 2020. With a deferral, the license fee will be due 60 days from the date of the license expiration. Refunds will not be given for fees that have already been paid.

In addition to this financial relief from the state cannabis licensing authorities, cannabis businesses may be eligible for tax assistance offered by the California Department of Tax & Fee Administration, and the Franchise Tax Board. For more information on tax relief and other small business resources, visit theState of California’s COVID-19 Response website.

A licensee who is unable to comply with a licensing requirement due to the pandemic may submit a disaster relief request to their respective licensing authority. To provide immediate assistance to licensees, licensing authorities have been providing relief from certain regulatory provisions unrelated to fees since the time of the first stay-at-home orders.

We are happy to see the state providing economic assistance to cannabis businesses, especially here where license fees can be so high. In fact, back towards the beginning of the COVID-19 outbreak, I wrote about how the state should extend licenses for certain businesses. Fee deferral isn’t exactly the same but it does provide certain cannabis businesses with assistance during these hectic times. Please stay tuned to the Canna Law Blog for more developments on California cannabis and COVD-19.

The post BREAKING: California Cannabis Agencies Announce License Fee Deferral appeared first on Harris Bricken.

[cannabisbusinessexecutive]

Five Items To Include In Franchise Agreements For Cannabis Waste Management

Five Items To Include In Franchise Agreements For Cannabis Waste Management

You can’t just dump cannabis waste in the trash.  The cannabis waste management industry is facing environmental challenges because of improper waste disposal, failure to recycle, air pollution and emissions of gas or chemicals caused by hazardous materials. To promote public health and safety, cannabis waste haulers must follow specific cannabis waste regulations required by the Bureau of…

[growlegalweed-blog]

Legal Weed Resources

Check out... https://legalweed.gq/420/federal-legalization-then-what/

Federal Legalization – Then What?

If you wish to re-publish this story please do so with following accreditation

AUTHOR: “Jordan Zoot.  “aBIZinaBOX Inc., CPA’s“

PUBLISHER:  CANNABIS LAW REPORT

Federal Legalization – Then What? – It is fascinating to step back and observe how the mindset of many in the cannabis industry seems to work. Let’s think through a couple of scenarios and have a peek at the landscape in a post-legalization world. Let’s begin with the following:

  STATES Act Becomes Law

The STATES Act passes in Congress, the President signs it and it becomes law which means that in the states where cannabis is legal:

Banking system becomes available to cannabis businesses.

IRC Sec. 280E is effectively repealed and cannabis businesses are no longer subject to the broad disallowance of expenses. [This result is dependent on the mark-up and amendments.]

[Note: while we don’t believe that anyone in Congress has proposed it yet, the Federal government could legalize cannabis for medical use [and perhaps for recreational use] and preempt many of the state laws. States could create more restrictive regimes, but could not authorize activities that permitted activities that federal law prohibited. Of course, federal prohibitions are limited by the Constitution. Such actions by the federal will create some very difficult paths because of policy distinctions arising from individual rights, public protections, commercial activities, health and safety, use of resources, etc.]

The Cannabis Trade Federation has published a whitepaper on the STATES Act that you can read here.

The STATES Act is a substantial improvement from the current situation but it does fully address:

Interstate commerce in connection sending cannabis product to [or “thru”] states which have not legalized cannabis.

The status of Indian Reservations and other similarly protected land has not been adequately addressed in the current version of the STATES Act which would subordinate tribal sovereignty to state law. [See The Murky Part of the STATES Act: Tribal Rights]

The substantial likelihood that Congress will enact a Federal Excise Tax on cannabis to both give the Federal government a “slice of the pie” and replace the revenue loss from an elimination of IRC Sec. 280E. A substantial excise tax of say, 20-25% without an exemption for medical use cannabis would create an additional financial disaster for those whose only interest in cannabis is for its benefit as a medicine.

The STATES Act is a “halfway approach that some will celebrate a victory, but many will be left out.” For a number of reasons Congress must direct serious attention to whether a distinction should be made between medical and recreational use of cannabis.

  Federal Legalization – Then What?

Removal of Cannabis from the Controlled Substances Act [“CSA”]

The broader solution that many advocates seek is either the removal of cannabis from Schedules 1 and 2 of the CSA or preferably the removal of cannabis from the CSA entirely. The removal or rescheduling of cannabis within the CSA could be accomplished via two different paths. The first and more conclusive would be through Congress legislation signed by the President. The second path would be the administrative action by the Drug Enforcement Agency [“DEA”] and its Diversion Control Division. We are not going to attempt to tackle the myriad policy issues of this alternative, but we do have some observations.

Once cannabis is removed from the CSA or rescheduled, cannabis will either become “medicine” or just another agricultural crop in the view of some people. The consequences of either may cause cannabis to lose much of its “special status” and become “just another plant”. However, it should be obvious to everyone that removing or rescheduling cannabis “isn’t that simple”. Cannabis is a drug with a lot of history.

We start our thinking with the question of how will any Federal regulations relating to cannabis be crafted? What agencies will have oversight at the Federal level? Will the mandate for the DEA be changed to oversee another special agricultural legal crop or a medicine? Will Federal legal cannabis be treated as if it is a type prescription drug? Will the FDA become directly involved if cannabis becomes “medicine”? Will the IRS be given a new mandate to oversee and collect a new “Federal Cannabis Excise” tax? We regularly return to the maxim, “Be careful what you ask for because you may get it.”

The legalization of cannabis at the Federal level won’t directly do anything to change the licensing, regulation, or taxation of cannabis at the state level except to the extent it may have some preemptive impact. California’s cannabis regulatory agencies [CalCannabis in particular] must still revise, restructure and streamline their activities. Above all California’s agencies must simplify their licensing regimens. Licensing and reporting complexities are is the single greatest hurdle to reducing California’s flourishing underground cannabis industry.

We have written extensively about the critical need for restructuring and modification of the reporting and collection mechanisms utilized by the California Department of Tax and Fee Administration [“CDTFA”] for sales tax, cannabis cultivation tax [“CCT”] and cannabis excise tax [“CET”].

  The most critical items include:

Legislation to add “responsible person” provisions for CCT and CET taxes.

Creation of a unique identifier for the reporting and remittance of tax payments from retailers, manufacturers, and cultivators to distributors to streamline the process of reconciling tax reporting and to permit CDTFA to rapidly identify and pursue non-compliant cannabis businesses [ See CCT – CET Collection Mechanics],

Mandate the use of segregated bank accounts [“trust accounts”] for cannabis taxes to better protect and preserve the funds that belong to the people of California [See CCT Collection Best Practices],

  Federal Legalization – Then What?

We believe that there is a parallel urgent need for cannabis businesses to implement the technology and accounting infrastructure to develop, maintain and archive the records required by the myriad regulators. Our belief is that the single largest cause of the failure of cannabis industry businesses is going to be associated with failure to maintain those records, and remit proper amounts of cannabis taxes in a timely fashion. The CDTFA audit process has the potential to be a bloodbath [ See Key to Success for California Cannabis Businesses – Managing Tax Liabilities]. We have yet to find a dispensary in California that is both properly calculating all of the cannabis taxes and presenting all of the required information on receipts [See Dispensaries Need Accurate Receipts].

Our recent posts have returned to a discussion of accounting/compliance platforms which include accounting software to maintain “books of account” [See Which Set of Books? ], point of sale systems for dispensaries, inventory management software, much more complex software for extractors, and a bridge to agency-level reporting under METRC See QBOnline-Boxstorm-METRC].

We have written a set of seven white papers that are available to the public to review.

Our understanding is that many of our peers charge $5 – $7.5K for the same information.

The subjects covered in the white papers are:

Brief Background of Legal Cannabis Regulation in California

Cannabis Business-Requirements for Books of Account, Transaction Recording, Method of Accounting and Record Retention for Federal Income Tax and California Cannabis Regulatory Requirements

Pass-thru Entities, Wages & Salaries, Non-Employee Compensation, Reasonable Compensation and IRC Sec. 199A Pass-Thru Entity Deduction

California Cannabis Distributor Responsibilities

A Methodology for Cost and Expense Allocations for IRC Sec.280E

California Cannabis Cultivation – Qualification as Farming

Inbound Investment Structuring

You can access the whitepapers to view here. We will be posting a procedure for registration to facilitate downloading copies. We have a special program for consultation with our professionals if readers have questions or would like assistance in implementation.

We find ourselves constantly reminding legal cannabis businesses that “legal” came with the conditions of “regulated” and “taxed” as the stimulus for government agencies to act. There is still much to be done to get kinks out of the regulatory and tax regimes. We intend to continue to publish our views and suggestions with respect to policy and operational reform.

At the same time, our experience and expertise are available to a cannabis business in California [and soon New York and Illinois] that would like to capitalize on it for the benefit of their own business.

  You can take the first step to work with us using the contact form 

[centuryassociates]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

Industrial Hemp and USDA Organic Certification posted first on https://centuryassociates.blogspot.com/

[jodieshazel]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

from Canna Law Blog™ https://www.cannalawblog.com/industrial-hemp-and-usda-organic-certification/

[ianmkeenan]

How to start a commercial grow operation in California

How to start a commercial grow operation in California:

What kind of marijuana business

California cannabis

Owner requirements

License requirements

Financial requirements

Timeframe

How much does a marijuana growing

Links to consulting companies

Over 20 years ago, the state of California became the first state to legalize the medical use of marijuana. Since then, other states have followed in its footsteps. However, it wasn’t until the election of 2016 that California finally voted to regulate recreational adult use as well. The specific laws and regulations are still being established for the January 2018 launch of retail sales, but to streamline the process, the state will be combining recreational and medical marijuana licensing.

Aside from negotiating with vendors and dispensaries, opening a marijuana growing operation in California is just like any other type of business, with a few slight variations. Below is an in-depth look at the information needed to get a successful cannabis growing operation up and running in the Golden State.

What kind of marijuana business can you open in California?

Thanks to the regulations voted into law on November 8th, 2016, you can now also open pretty much any kind of cannabis business your heart desires. This includes, but is not limited to:

Marijuana Business in California – Image powered by Merryjane.com

Retail marijuana stores

Marijuana product manufacturers

Marijuana commercial grow facilities

Marijuana testing facilities

Marijuana distributors

Marijuana extraction services

Currently, regulators have until January 1st, 2018 to begin issuing these licenses. However, the state has not indicated when they will open the application period to potential entrepreneurs.

California cannabis history and market

On November 8, 2016, Governor Jerry Brown signed the Medical Marijuana Regulation and Safety Act (MCRSA) into law. MCRSA is composed of three separate bills (AB 266, AB 243 and SB 643) and forms a foundation for future medical marijuana regulations and a statewide licensing program for growing, manufacturing, transporting, testing, distribution, and retail dispensing of medical marijuana. Medical marijuana has been legal in California since 1996.

Cannabis history and market – Image powered by Marijuanabreak.com

California’s marijuana market has jumped to nearly $845 million annually, with over 2,800 marijuana businesses currently operating in the state.

Owner requirements

California’s law allows counties and cities to set rules for growers and sellers. They can ban them outright if they choose. So, you’ll need to check with local laws to see if you can acquire the necessary licenses to operate and learn what it will take to comply with the rules.

License requirements

If you want to open a growing facility in California, you must go through a demanding application process. According to official documents released by the state of California, the initial licensing process will go through four stages:

Stage 1: Preliminary determination of eligibility Cost: $3,258.00

Stage 2: Initial ranking. Cost: $701.00

Stage 3: Second ranking. Cost: $1,790.00

Stage 4: Public Meeting and City Council Final Selection. Cost: $1,937.00

License requirements – Image powered by Kellerelectric.org

Applicants will then need to undergo a criminal background check by the California City Police Department as part of the first stage. Resources for this are limited so no more than six applicants per day will be processed. Therefore, it is best to make an appointment. Please note that there is a $78 fee per background check, payable on-site.

Regarding location, applicants are required to submit a “Zoning Verification Letter” to the Planning Division in the City Hall. The documentation can be obtained by your local Public Works Department. The review takes approximately two weeks and costs $250.

There are several tiers of licensing for marijuana growers, depending on the size and type of your growing operation. The options are as follows:

Tier 1: Specialty (Up to 5,000 sq. ft. of canopy OR up to 50 mature plants on non-contiguous plots)

License 1: Specialty Outdoor.

License 1A: Specialty Indoor

License 1B: Specialty Mixed-Light.

Tier 2: Small (Between 5,001 and 10,000 sq. ft. of canopy)

License 2: Small Outdoor.

License 2A: Small Indoor.

License 2B: Small Mixed-Light.

Tier 3: (Between 10,001 sq. ft. to one acre of canopy) These licenses are limited in their access to vertical integration.

License 3:

License 3A: Indoor.

License 3B: Mixed Light.

License 4: Nursery.

Financial requirements

The costs for starting a marijuana growing operation in California can get quite high, depending on the size and scope of your operation. However, standard fees involved in the four-stage application process are:

Financial requirements – Image powered by Thedailychronic.net

Stage 1: Preliminary determination of eligibility Cost: $3,258.00

Stage 2: Initial ranking. Cost: $701.00

Stage 3: Second ranking. Cost: $1,790.00

Stage 4: Public Meeting and City Council Final Selection. Cost: $1,937.00

Timeframe

The time frame varies greatly on how long it takes to get a cannabis growing operation up and running. Potential entrepreneurs can expect it to take more than a year to get the necessary licenses, secure finances and get suppliers and employees lined up.

How much does a marijuana growing operation in California make?

Marijuana – Image powered by Nbcnews.com

Cannabis growing operations in California can earn well over $1 million annually. For example, Harborside Medical dispensary in San Jose, California reportedly does over $20 million in annual sales.

Links to consulting companies that can help open a marijuana growing operation in California

Looking to start a marijuana growing operation in California? These consulting companies can help with a wide range of services, ranging from explaining the state licensing requirements to assisting with applications and even running your business.

California State https://www.cdfa.ca.gov/is/mccp/ , https://static.cdfa.ca.gov/MCCP/document/CalCannabis%20FAQ%20Medicinal-Adult-Use_web_8.24.17.pdf

Quantum 9 Inc. https://quantum9.net/portfolio/cannabis-consulting-services/

Canna Advisors http://thinkcanna.com/

Green Rush Consulting http://greenrushconsulting.com/open-a-dispensary/

Medicine Man Technologies http://www.medicinemantechnologies.com/

DispensaryPermits.com http://dispensarypermits.com/

Comprehensive Cannabis Consulting https://www.3ccannabis.com/

GreenZipp https://greenzipp.com/pages/states

The post How to start a commercial grow operation in California appeared first on I Love Growing Marijuana.

[cannabisbusinessexecutive]

California Agencies Release Proposed Permanent Marijuana Rules

California Agencies Release Proposed Permanent Marijuana Rules

Last Friday, July 13, 2018, all three agencies overseeing California’s implementation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA“) dropped proposed permanent regulations that will eventually replace the readopted emergency regulations that are active now. For the text of those proposed regulations go here, here, and here. Importantly, these regulations are just…

[cannabisbusinessexecutive]

More Attention to Energy Usage as California's Recreational Cannabis Program Gets Set to Launch

More Attention to Energy Usage as California’s Recreational Cannabis Program Gets Set to Launch

If Colorado’s experience is any indication, energy use is expected to spike with the recent legalization of recreational marijuana in California, much as it did when data centers sprang up throughout the state.

For example, just two years after Colorado legalized recreational marijuana in 2012, grow houses consumed about 2 percent of the power supply in Denver alone.

According to a 2012 study…

[forensiceyes]

Water Rights Are Still a Major Concern for California Cannabis Operators

Last week, the California Water Boards requested on Twitter to commercial cannabis cultivators in Mendocino, Trinity, and Humboldt Counties (the “Emerald Triangle”) that, “if you are among the 270 folks who receive a certified letter stating you lack appropriate permits, please respond to our Cannabis Compliance Response Portal.” Water rights have been an ongoing issue for California cannabis operators, particularly in the Emerald Triangle here in Northern California where environmental concerns stemming from water usage abound, particularly by black and grey market operators.

The letters were sent to landowners whose properties “appear … to be used for cannabis cultivation or associated activities,” but for which “there is no record of any person associated with [the] property having enrolled in the State Water Board’s Cannabis Cultivation Program.” The letters further warn recipients that they must obtain proper permission for the water rights utilized for cannabis cultivation and if they fail to do so, threaten fines or loss of state cannabis cultivation permits.

The California Water Boards Cannabis Cultivation Program was approved and put into the state’s regulatory code by the Office of Administrative Law on December 18, 2017 and is intended to “address potential water quality and quantity issues related to cannabis cultivation.” Specifically, for the uninitiated, the Water Boards established a Cannabis Policy that states as follows:

“The Cannabis Policy establishes principles and guidelines (requirements) for cannabis cultivation activities to protect water quality and instream flows. The purpose of the Cannabis Policy is to ensure that the diversion of water and discharge of waste associated with cannabis cultivation does not have a negative impact on water quality, aquatic habitat, riparian habitat, wetlands, and springs. The Cannabis Policy requirements are primarily implemented through the Water Boards Cannabis Cultivation General Order and Cannabis SIUR permits in addition to the California Department of Food and Agriculture’s CalCannabis Cultivation Licensing Program.”

The Water Boards seeks to ensure that discharges to California waters do not adversely affect the quality and uses of our waters via the Cannabis Cultivation General Order’s Waste Discharge Requirement (WDR). The WDR regulates discharges of waste associated with marijuana cultivation in the state, and addresses threats of waste discharge stemming from “irrigation, runoff, over fertilization, pond failure, road construction, grading activities, domestic and cultivation related waste, etc.” All commercial cannabis cultivators must obtain coverage under the Cannabis Cultivation General Order. More information for cultivators can be found on the Boards’ Cannabis Water Quality page.

In addition, the Small Irrigation Use Registration (SIUR) for Cannabis Cultivation requires cannabis cultivators to forbear (or cease) from diverting surface water during the dry season. “The State Water Board has developed the Cannabis SIUR Program as an expedited process for cannabis cultivators to develop and install storage.  The Cannabis SIUR allows for the diversion and storage of up to 20 acre-feet per year and incorporates the requirements of the Cannabis Policy, amongst other requirements, as general conditions.”

Cultivators need to be aware of, and comply with, all regulations pertaining to water rights and usage in California. Relevant information on the Water Boards’ Cannabis Enforcement Unit can be found here.

Water Rights Are Still a Major Concern for California Cannabis Operators posted first on http://ronenkurzfeld.blogspot.com

[centuryassociates]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

Industrial Hemp and USDA Organic Certification posted first on https://centuryassociates.blogspot.com/

[centuryassociates]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

Industrial Hemp and USDA Organic Certification posted first on https://centuryassociates.blogspot.com/

[centuryassociates]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

Industrial Hemp and USDA Organic Certification posted first on https://centuryassociates.blogspot.com/

[centuryassociates]

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial hemp producers.

The USDA provided clarifying instructions in its September 2018 Instruction on Organic Certification of Industrial Hemp Production for the UDSA’s policy regarding the organic certification of industrial hemp production by certifying agents accredited by the USDA National Organic Program (NOP). The UDSA first noted that Section 7606 of the Agricultural Act of 2014 (the Farm Bill) authorized institutions of higher education and state departments of agriculture to establish industrial hemp research pilot programs in states where the production of industrial hemp is legal and subject to certain other conditions.

The USDA’s official policy is that “[f]or hemp produced in the United States, only industrial hemp, produced in accordance with the 2014 Farm Bill, as articulated in the Statement of Principles on Industrial Hemp issued on August 12, 2016 by USDA, may be certified as organic, if produced in accordance with the USDA organic regulations.”

For industrial hemp producers operating in accordance with their state’s industrial hemp program, becoming a certified organic operation will be no different than for companies in any other industry. The USDA lays out five basic steps to attaining organic certification:

The farm or business adopts organic practices, selects a USDA-accredited certifying agent, and submits an application and fees to the certifying agent.

The certifying agent reviews the application to verify that practices comply with USDA organic regulations.

An inspector conducts an on-site inspection of the applicant’s operation.

The certifying agent reviews the application and the inspector’s report to determine if the applicant complies with the USDA organic regulations.

The certifying agent issues organic certificate.

All certified organic farms and businesses must also undergo an annual review and inspection process.

It is important to remember that touting your hemp (or cannabis) as certified organic when it is not is illegal under federal law. As mentioned above, for cannabis businesses there are alternative certifications available via some states or via private third-party certification companies.

In California, for example, SB 94 mandated that the California Department of Food and Agriculture (CDFA) create an organic cannabis program by 2021. In 2018, the CDFA formed the “OCal” project, which is a four-person team within CalCannabis dedicated to establishing that organic cannabis program. The program will be similar to the National Organic Program (NOP). OCal is currently in the information-gathering stage and is set to begin soliciting input from stakeholders this month.

In short, it’s clear that both hemp and cannabis companies value organic principles and are seeking certification. The path to such certification is clear for qualifying industrial hemp companies, but for other cannabis companies, the options are much more limited.

Industrial Hemp and USDA Organic Certification posted first on https://centuryassociates.blogspot.com/