Frequently Asked Questions
The following FAQs address questions on components of the Cannabis Cultivation Program requirements including:
- Relocation, Restoration and Extinguishment
- Proof of Prior Cultivation
- Nature of Applicant
If multiple cultivators previously cultivated a single cultivation site as a group, but now each cultivator desires to relocate to separate parcels/cultivation sites, which cultivator has priority to claim proof of prior cultivation?MCC Chapter 10A.17 does not establish an order of priority for such applications. It is up to the cultivators themselves to decide how to proceed in such a circumstance given that a single cultivation site may not be split into multiple cultivation sites on multiple parcels through the phase one relocation process.
If multiple cultivators previously cultivated a single cultivation site as a group, and one of the cultivators desires to relocate while others do not, can the cultivators who remain on the origin site continue to cultivate?If a person is able to successfully relocate to a destination site, the claim of prior cultivation on the origin site will be extinguished. (See MCC §10A.17.080(B)(3)(f)). The consequence of successful relocation is that no other person can claim prior cultivation on the origin site, which would prevent the cultivators remaining on the origin site from obtaining a Permit during phase one. However, successful relocation requires restoration of the origin site. Therefore, if active cultivation persists on the origin site, relocation will not be possible and any potential claim of prior cultivation on the origin site will not be extinguished.
If a single cultivation site was previously cultivated by multiple cultivators as a group, can each separate cultivator establish a cultivation site on separate parcels during phase one?No. A claim of prior cultivation on a single cultivation site may be associated only with a single cultivation site. Therefore, the origin site that forms the basis for proof of prior cultivation may not be split into multiple cultivation sites on more than one parcel.
If a cultivator intends to relocate his or her cultivation activities to a destination site, but is unable to restore the origin site, can the cultivator relocate during phase one?No. Regardless of the reason, inability to restore the origin site will preclude a cultivator’s ability to relocate during phase one. Restoration is mandatory. (See MCC §10A.17.080(B)(3)). However, a cultivator who is unable to relocate during phase for inability to restore will not be precluded from applying for a permit during phase two or phase three, subject to meeting the other requirements for those phases.
If a cultivator intends to relocate, must the cultivation activities used to show proof of cultivation prior to 1/1/16 be on the same legal parcel as the proof of current cultivation activities after 1/1/16?Yes. When establishing “proof of prior cultivation” the cultivation activities before and after 1/1/16 must be the same legal parcel (See MCC §10A.17.080(B)(1)(a) & (b)). This legal parcel will become the origin site for purposes of relocation. Only after establishing prior cultivation on the origin site can a cultivator proceed with the relocation process for a permit on a destination site under MCC §10A.17.080(B)(3).
Is there a pathway for a cultivator to obtain a Permit for a parcel/cultivation site other than the one on which the cultivator can show “proof of prior cultivation” pursuant to MCC §10A.17.080(B)(1)?Yes, through the relocation process identified in MCC §10A.17.080(B)(3).
Must the cultivation activities used to show proof of cultivation prior to 1/1/16 be located on the same legal parcel as the proof of current cultivation activities?Yes. In order to show proof of prior cultivation pursuant to MCC §10A.17.080(B)(1)(a) & (b), a cultivator must show that the current cultivation activities and the cultivation activities prior to 1/1/16 took place on the same legal parcel.
- Permits during Phase One of the Medical Cannabis Cultivation Regulation may be issued only to a person or entity that can show proof that that person or entity was cultivating cannabis on the cultivation site prior to January 1, 2016. This means that a business entity may apply for a cultivation permit, but the proof of prior cultivation must show that the prior cultivation was being performed by that entity. Otherwise, only the person who can show they were the prior cultivator may apply for and obtain a permit.