Before the statutory changes made by the trailer bills, issuance and renewal of provisional licenses were allowed only until January 1, 2022. The budget trailer bills established a new sequence of deadlines to apply for or renew a new provisional license. The deadlines and eligibility vary for cultivators and local equity applicants. The new provisions also change certain compliance benchmarks (such as CEQA and streambed alteration agreements).
Timelines for getting new provisional licenses:
- New provisional licenses may be issued for an extra 6 months, until June 30, 2022. Applications are due by March 31, 2022.
- For cultivation applications submitted in 2022 or later, a provisional will not be issued if it would cause the licensee to exceed certain canopy limits across multiple cultivation licenses on contiguous premises.
- If you are a grower under certain canopy limits, you may be issued a new provisional license until September 30, 2022. Applications are due by June 30, 2022.
- If you are a local equity applicant with cultivation activities, you may be issued a provisional license until June 30, 2023. Applications are due by March 31, 2023.
Timelines for renewing an existing provisional license:
- Renewals between July 1, 2022 and June 30, 2023 require evidence related to streambed alteration agreements (cultivators only) and CEQA compliance (all licensees). The benchmarks change on July 1, 2023.
- Starting January 2, 2023, cultivation licenses will not be renewed if the licensee’s total canopy across multiple cultivation licenses on contiguous premises would exceed certain limits. None of these licenses will be valid beyond January 1, 2024.
- January 1, 2025 is the last date a provisional can be renewed.
Sunset of the provisional licensing program:
- All licenses issued after January 1, 2025 must be in compliance with environmental laws.
- No provisional licenses will be effective after January 1, 2026.
Believe it or not, this was the simplified version of the changes to the provisional program! There are many more details that were too lengthy to include here. The Legislature made clear that no further exemptions from annual licenses will be adopted. That means provisional licensees must transition to an annual license within the specified timeframes in order to remain operational. Reach out to us for guidance about which deadlines apply to you and what you need to achieve to keep your license active.