Long Beach Municipal Code Div. V Cultivation Operating Conditions

In addition to the general operating requirements set forth in Division III of this Chapter, this Division provides additional requirements for Cultivators.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Cultivation shall always be conducted in accordance with State and local laws and regulations related to cultivation, zoning, grading, electricity, water usage, water quality, fish and wildlife habitat protection, wastewater discharges, pesticides, and fertilizers, handling and storage of gases, and employee safety.

B. Cultivation shall always be conducted in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, neighboring properties, to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the cannabis; and to safeguard against the diversion of cannabis for unlicensed purposes.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

All cultivation shall occur indoors, and only on a site holding a valid Adult-Use Cannabis Business Permit from the City pursuant to this Chapter. All outdoor or mixed light cultivation is prohibited, including but not limited to, the use of greenhouses.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. The total canopy size on one (1) premises shall not exceed the maximum number of square feet authorized by State license classifications Type 1A, Type 1C, Type 2A, Type 3A, and Type 4.

B. The total canopy size on one (1) premises shall not exceed the maximum number of square feet identified in the application and authorized by the Adult-Use Cannabis Business Permit. Permittees shall obtain written permission from the City prior to engaging in any activity that results in an increase of the square feet of maximum canopy authorized by the Adult-Use Cannabis Business Permit.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

The use of extension cords to supply power to any electrical equipment used in cultivation is prohibited. All electrical equipment used in cultivation shall be plugged directly into a wall outlet or otherwise hardwired.

(ORD-22-0015 § 4, 2022)

All lighting used for indoor cultivation shall be fully shielded, downward casting, and shall not spill over onto structures, other properties, or into the night sky. Indoor cultivation lighting shall be contained so that little to no light escapes and any light that escapes from the cultivation site shall be at a level that is not visible from neighboring properties between sunset and sunrise.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. In additional to the general odor control and ventilation requirements in Section 5.92.540, every Cultivator shall implement environmental control systems to minimize and/or prevent the likelihood of mold and mildew growth. Cultivators shall regularly test for mold and mildew within the cultivation site.

B. Environmental control systems at a cultivation site shall include a range of environmental control technologies and practices to control humidity levels, illumination, heating, cooling, air circulation, and ventilation.

C. Compatibility with odor prevention and ventilation systems. Cultivators shall implement an environmental control system that is adequately compatible with any odor control prevention and ventilation systems at the cultivation site. For purposes of this Section, "adequately compatible" means that any environmental control systems and odor control systems operating at the cultivation site operate concurrently to prevent cannabis odors from being detected outside the cultivation site, while still allowing for the permittee to successfully cultivate.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Cultivators shall comply with California Water Code Section 13149 and any implementing regulations, policies, or guidelines adopted by the State Water Resources Control Board regarding water usage, the diversion of water, and the discharge of waste while cultivating cannabis.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

Cultivators shall test carbon dioxide levels within cultivation areas at the cultivation site, if carbon dioxide is added to the air. No carbon dioxide shall be utilized for cultivation without prior inspection and approval of the City's Building Official and the Fire Code Official.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Storage and use of compressed gases in compressed gas containers, cylinders, tanks, and systems used for cultivation shall comply with this Code and the California Fire Code.

B. Any compressed gases used in cultivation shall not be stored on any property within the City in containers that exceed the amount that is approved by the Fire Code Official and authorized by the Adult-Use Cannabis Business Permit.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Cultivators shall comply with all applicable federal, State and local laws and regulations regarding use, storage, and disposal of pesticides and fertilizers, including, without limitation, those enforced by the State Department of Food and Agriculture and State Department of Pesticide Regulation. Cultivators shall ensure hazards are not created on the permitted premises by the use or storage of chemicals, fertilizers, materials, processes, products, or wastes.

B. Pesticides, insecticides, and/or fertilizers prohibited by federal, state, or local law for fertilization or production of edible produce shall not be used for cultivation.

C. Employee safety. At a minimum, Cultivators using pesticides shall protect all employees from exposure to pesticides by following pesticide labels; providing required personal protective equipment; providing access to pesticide labels, safety information, and training on an annual basis; properly ventilating all areas of the cultivation site; and proper storage, handling, and disposal of pesticides in compliance with State, federal, and local laws and regulations pertaining to pesticide use and worker safety.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. All cannabis packaged and/or labeled by a Cultivator shall meet the provisions of packaging and labeling requirements specified by State law, including but not limited to, California Business and Professions Code Division 5 ("Weights and Measures") and Division 10 ("Cannabis") and any regulations implemented and enforced by the Bureau of Cannabis Control, the State Department of Public Health, or State Department of Food and Agriculture.

B. Prior to distribution and transportation, a Cultivator shall package and seal all cannabis in tamper-evident packaging and use a unique identifier of the harvest batch to identify and track said cannabis.

C. Product labels. All labels for cannabis shall include all of the following: all required government warnings; the net weight of cannabis in the package; source and the date of cultivation; the type of cannabis; the date of packaging; and the product's unique identifier for the harvest batch.

D. Packaging that makes cannabis attractive to children or imitates candy is prohibited.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Weighing devices used by a Cultivator shall be approved, tested, sealed, and registered with the Los Angeles County Agricultural Commissioner/Weights and Measures in compliance with California Business and Professions Code Division 5 ("Weights and Measures") and Division 10 ("Cannabis"), any regulations implemented by the State Department of Food and Agriculture, and all other applicable local, State, and Federal laws.

B. Cultivators are prohibited from using scales, weights, or measures that do not accurately conform to the standard of weights and measures of the State and county.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)