Cannabis Pesticide Use Enforcement
Background
In 2017, Senate Bill 94 (SB94) enacted changes to make a single regulatory framework for legal cannabis in California while maintaining local control of portions of the cannabis production licensing process. The Department of Pesticide Regulation (DPR) is aware that cannabis-related activities may be allowed in a city, but may be prohibited in unincorporated areas of the county. This letter clarifies the role of the County Agricultural Commissioner (CAC) in those counties regarding performing pesticide use enforcement in cities that allow cannabis-related activities.
CACs are Statutorily Mandated to Perform Cannabis Pesticide Use Enforcement
Specifically, under the Food and Agricultural Code (FAC), the CACs have statutory responsibility (FAC section 11501) and authority (FAC section 11501.5) to perform pesticide use enforcement, including cannabis-related pesticide use enforcement.
Business and Professions Code (B&PC) section 26060 prohibits use of banned pesticides on cannabis and requires DPR to both develop pesticide use guidelines for cannabis and require commercial cannabis production comply with Food and Agricultural Code (FAC) Division 6 and its implementing regulations. These FAC requirements are primarily related to licensing and pesticide sales. SB 94 did not change DPR’s responsibilities under the FAC, nor did SB 94 transfer existing CAC pesticide use enforcement authority to other local jurisdictions or otherwise alter a CAC’s statutory authority and duty to enforce the provisions of Food and Agricultural Code Division 7, with respect to pesticide use and worker safety.
Some have expressed the position that pesticide use enforcement for cannabis is the responsibility of a city and the State, not the CAC. However, this is based on faulty reasoning and, if implemented, would create a gap in pesticide enforcement with resulting health and environmental hazards. Cities do not have the authority, qualifications, or resources to enforce pesticide laws and regulations. Failure by a CAC to enforce pesticide use laws and regulations with respect to cannabis would result in the absence of pesticide use enforcement in connection with cannabis cultivation in the cities within a county that allow cannabis cultivation.
DPR’s role
DPR will continue to ensure that CACs have the resources to enforce FAC Divisions 6 and 7 and their implementing regulations. This includes activities related to pesticide use enforcement in cannabis. For example, DPR understands there will be financial costs associated with cannabis related pesticide use enforcement, as there would be with the addition of any new agricultural commodity. CAC inspections, work hours, and expenditures resulting from cannabis-specific enforcement would be considered in apportioning DPR funding. In addition to the funding that DPR provides to the counties each year for pesticide enforcement and compliance assistance, the Legislature has appropriated funding for cannabis-specific education and compliance assistance.
If you have questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,