Cannabis Cultivation Policy

What's New

Updates to the Policy will be posted here.


Cannabis Cultivation Policy - Principles and Guidelines (Requirements) for Cannabis Cultivation

On October 17, 2017, the State Water Resources Control Board (State Water Board) adopted the Cannabis Cultivation Policy – Principles and Guidelines for Cannabis Cultivation (Cannabis Policy), under Resolution No. 2017-0063. The state’s Office of Administrative Law approved the Cannabis Policy on December 18, 2017, putting the policy into effect as of that date.

Principles and guidelines (requirements) of the Cannabis Policy will be implemented through the Water Boards Cannabis Cultivation Program, water right and water quality permits, and incorporated into licenses issued by the California Department of Food and Agriculture (CDFA) under its CalCannabis Cultivation Licensing Program.

The Cannabis Policy establishes principles and guidelines (requirements) for the diversion and use of water, land disturbances, and the activities related to cannabis cultivation to protect water quantity and quality. The requirements help to minimize the effects of cannabis cultivation on fisheries, wildlife, and water quality, maintain healthy riparian corridors, and protect springs, wetlands, and aquatic habitat.

The focus at this time is on interim requirements. The State Water Board may update the interim requirements established in the Cannabis Policy as reasonably necessary, pending development of long-term requirements.

Fully Contained Springs

Fully contained springs do not flow off a person’s property in the absence of diversion, including wet years, or after periods of heavy rain. The Cannabis Cultivation Policy allows cultivators to request an exemption from certain flow requirements if the spring being used for cannabis cultivation meets a set of pre-determined conditions. The full text of the requirements is available.  Detailed information on how to request a fully contained spring exemption is available here.

Instream Flow Compliance Gage Map

Coming soon…

Cannabis Policy Development & Outreach

December 2017 Public Workshop

Visit the Cannabis Policy (adopted October 17, 2017) Development & Outreach page

Background

On June 27, 2016, Governor Edmund G. Brown Jr. signed Senate Bill No. 837 (SB 837), which required the State Water Resources Control Board (State Water Board), in consultation with the California Department of Fish and Wildlife (CDFW), to adopt interim and long-term principles and guidelines (requirements) for the diversion and use of water for cannabis cultivation in areas where cannabis cultivation may have the potential to substantially affect instream flows.

Per Water Code section 13149, the principles and guidelines:

  • Shall include measures to protect springs, wetlands, and aquatic habitats from negative impacts of cannabis cultivation;
  • May include instream flow objectives, limits on diversions, and requirements for screening of diversions and elimination of barriers to fish passage; and
  • May include requirements that apply to groundwater extractions.

Documents

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Contacts

For assistance with the Cannabis Policy, please contact us by email at:

CannabisWR@waterboards.ca.gov

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