Discrepancies in State Cannabis Regulations and Local Regulations.

Humboldt County’s Commercial Medical Marijuana Land Use Ordinance (CMMLUO) has been in existence for almost two years. The California Department of Food and Agriculture’s (CDFA)  Emergency Regulations concerning cannabis cultivation have been out for almost a month. Already, the two are at odds.
The issue stems from how the County defines “mixed light” cultivation versus the State’s definition of the same term. Under the County’s regulations, “mixed light” includes the use of artificial lighting once cannabis plants pass the immature stage. It does not include the light deprivation technique, which deprives the plant from light to keep it from flowering. However, the State’s definition of mixed light includes light deprivation techniques. The State’s rules also separate mixed light operations into two tiers. The first tier of mixed light are those operations that use between one and six watts per square foot of cultivation area. The second tier is reserved for those operations that use between seven and twenty-five watts per square foot.
The apparent conflict between the CMMLUO and the State regulations are, apparently, of no concern to the State. At the Cal Cannabis Cultivation Licensing Seminar yesterday, representatives from CDFA stated that it is immaterial how the County defines “mixed light.” Rather, if your operation falls under the State’s definition of mixed light, the applicant must apply for a mixed light license with the State, no matter what the County calls it. Whether this will cause confusion at the County level remains to be seen.