Got a Provisional License from CDFA: Now What?

Back in September 27, 2018, Governor Jerry Brown signed Senate Bill 1459, which allows the California Department of Food and Agriculture (CDFA) to create a new “provisional” cannabis cultivation license as a bridge between temporary and annual cultivation licenses.

A provisional license acts in the same manner as an annual license, except it is not renewable, as required in Business and Professions Code section 26050.2, et. seq. (otherwise known as the Medicinal and Adult Use Cannabis Regulation and Safety Act).

A provisional license is valid for 12 months form the date issued and as stated cannot be renewed. A revocation or suspension of a provisional cannabis cultivation license cannot be appealed in contrast to annual permits, the suspension or revocation of which can be appealed.

Once the provisional license has been issued, the licensee must comply with all licensing requirements, including the following:

  • Pay all applicable application and license fees;
  • Adhere to all California Cannabis Track and Trace system requirements, pursuant to Article 5 of the California Code of Regulations, Title 3, Division 8, Chapter 1 (commencing with section 8400); and
  • Make sure your annual cannabis cultivation application is submitted – and receive approval – prior to the expiration of the provisional license in order to continue to operate after expiration of the provisional license.

The type of temporary license you received will determine your provisional license status. To transition from a temporary license to a provisional license, the annual license application must be for the exact same site and activity (for example, any flowering type to any flowering type, nursery to nursery, processor to processor). CDFA will verify that this information is included and accurate on the annual application.