Article 72 Crash Course

First things first: State cannabis laws have changed dramatically since the passage of Proposition 64 in 2016. Loosely organized collectives and cooperatives are out. Highly regulated commercial cannabis activities are in. To participate in the state licensing program for commercial cultivators, a local permit, license or other authorization must be obtained.

That’s what makes the self-certification program important. It’s the only path available to obtain temporary state licensing in 2018, even though a commercial ordinance could be adopted in the near future. To learn more about state licensing:
California Cannabis Portal ‐ Links and info for state licensing authorities.

Lake County regulations – Last days of Article 72

Lake County Cannabis Policy Development web page ‐ (ordinances, forms, FAQs)

Article 72 ‐ Current Lake County cultivation ordinance (medical, non-commercial). Updated to add self-certification program.

Urgency Ordinance 3071 ‐ Allows Lake County to authorize self-certified collectives to seek temporary state cultivation licenses. This urgency ordinance extension is expected to be repealed upon the adoption of the cultivation ordinance. It was preceded by urgency Ordinance 3070.

Self-certification application form
Complete applications, including site map, must be submitted with fees by 3:30 p.m. Friday, March 30.

Download (PDF, 666KB)

CalCannabis Cultivation Licensing

After a Lake County collective operator has received a compliance certificate, the next step is to obtain a temporary state cultivation license. This is necessary to comply with new state regulations. View training videos.

Click here to apply for temporary state cultivation license.

State/Regional Water Boards

Commercial cannabis cultivators must obtain water discharge permits and, where applicable, enroll in the Small Irrigation Use Registration program. Cultivators also must demonstrate their lawful water rights.

Learn more: Water Board Cannabis Cultivation Programs

Download (PDF, 576KB)

Department of Fish and Wildlife

Commercial cannabis cultivators must obtain Lake and Streambed Alteration Agreements with the California Department of Fish and Wildlife, where applicable, or demonstrate that one is not required. Lake County is in CDFW Region 2 ‐ North Central.

Learn more: Cannabis Cultivation General Agreement

Download (PDF, 225KB)

Download (PDF, 359KB)

For more info:
Kursten Sheridan
Senior Environmental Scientist, Supervisor
California Department of Fish & Wildlife
North Central Region
Habitat Conservation Program
1701 Nimbus Rd.
Rancho Cordova, CA 95670
cell (916) 817-0419

Article 27 – Lake County cultivation ordinance

Draft cultivation ordinance ‐ As posted Feb. 5, 2018. A revised draft will be presented for first reading at the March 6 meeting of the Board of Supervisors.

Draft cultivation ordinance ‐ Feb. 15, 2018 Board presentation

Lake County cannabis ordinance presentation

Board of Supervisors agenda page ‐ March 6 agenda should post online on or before Friday, March 2. The agenda will contain links to the revised draft ordinance and staff report.

California Environmental Quality Act

Self-certification of collective gardens under Article 72 does not require environmental review under the California Environmental Quality Act (CEQA). When the commercial cultivation ordinance is passed, most cultivation projects will undergo a minor or major use permit application process. This discretionary permit process includes environmental review. The county must review the project as the designated “lead agency” under CEQA, even if state agencies have previously reviewed and/or permitted the cultivation site for environmental impacts.

The following document by Lake County archaeologist John Parker discusses CEQA review from the perspective of historical resources. CEQA reviews also address noise, traffic, dust, odor, and other potential environmental impacts. While the CEQA process can be confusing, many smaller farms may be eligible for a “categorical exemption” or a “mitigated negative declaration” following an initial study. CEQA and other issues in the cultivation ordinance will be discussed at the March 6 Board of Supervisors meeting.

Download (PDF, 203KB)