Overview of Cannabis Licenses if Prop. 64 Passes Offered in a Letter to the Editor

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Image for Prop 64 Marijuana legalization or not
Karen Byars, a cannabis businesswoman in Mendocino, writes a letter to help growers understand how licenses under Proposition 64 will differ from or replicate those that are already law under MCRSA which passed about a year ago.

To all the Redheaded Blackbelt readers that are CA cannabis cultivators, live in a cultivating community or plan to seek a license for cultivation in CA, here is my best attempt to explain the license types for Prop 64 once it passes. Also comparing those license types to the current Medical Cannabis Regulatory Safety Acts (MCRSA) licenses.

Prop 64’s regulatory provisions are largely patterned on the Medical Cannabis Regulatory Safety Acts (MCRSA), recently passed by the legislature and effective Jan 1, 2016. Licenses for medical and adult-use would be distinct, but managed by the same agency in the Department of Consumer Affairs.

The MCRSA cultivation license for medical cannabis established under AB 266 (19300.7)) and SB 643 (19331(g)) are:

(a) Type 1 = Cultivation; Specialty outdoor. Up to 5,000 square ft of canopy, or up to 50 noncontiguous plants

(b) Type 1A = Cultivation; Specialty indoor. Up to 5000 sq ft

(c) Type 1B = Cultivation; Specialty mixed-light. Using exclusively artificial lighting.

(d) Type 2 = Cultivation; Outdoor. Up to 5000 sq ft, using a combination of artificial and natural lighting

(e) Type 2A = Cultivation; Indoor. 5001 -10,000 sq ft.

(f) Type 2B = Cultivation; Mixed-light. 5001 -10,000 sq ft

(g) Type 3 = Cultivation; Outdoor. 10,001 sq ft – 1 Acre

(h) Type 3A = Cultivation; Indoor.. 10,001 – 22,000 sq ft

(i) Type 3B = Cultivation; Mixed-light. 10,001 – 22,000 sq ft

(j) Type 4 = Cultivation; Nursery.

(k) Type 6 = Manufacturer 1 for products not using volatile solvents.

(l) Type 7 = Manufacturer 2 for products using volatile solvents.

(m) Type 8 = Testing

(n) Type 10 = Dispensary; General

(o) Type 10A = Dispensary; No more than three retail sites

(p) Type 11 = Distribution

(q) Type 12 = Transporter

MCRSA Just added is a new license when Assembly Bill No. 2516 was passed this year to include a Type 1C, or “specialty cottage,”

In Prop 64 the license types are:

(1) Type I = Cultivation; Specialty outdoor; Small – same as MRCSA

(2) Type IA == Cultivation; Specialty indoor; Small – same as MRCSA

(3) Type IB = Cultivation; Specialty mixed-light; Small – same as MRCSA

(4) Type 2 = Cultivation; Outdoor; Small – same as MRCSA

(5) Type 2A = Cultivation; Indoor; Small – same as MRCSA

(6) Type 2B = Cultivation; Mixed-light; Small – same as MRCSA

(7) Type 3 = Cultivation; Outdoor; Medium – same as MRCSA

(8) Type 3A = Cultivation; Indoor; Medium – same as MRCSA

(9) Type 3B = Cultivation; Mixed-light; Medium – same as MRCSA

(10) Type 4 = Cultivation; Nursery – same as MRCSA

(11) Type 5 = Cultivation; Outdoor; Large – not available till 2023

(12) Type 5A =Cultivation; Indoor; Large – not available till 2023

(13) Type 5B = Cultivation; Mixed-light; Large – not available till 2023

(14) Type 6 = Manufacturer 1 – same as MRCSA

(15) Type 7 = Manufacturer 2 – same as MRCSA

(16) Type 8 = Testing – same as MRCSA

(17) Type 10 = Retailer – same as MRCSA

(18) Type 11 = Distribution – mandatory requirement in Prop64, there is simply no restriction against it being owned by holders of other licenses as there is in the MCRSA. Micro business type license can also do their own distribution.

(19) Type 12 =Microbusiness (MCRSA’s type 12 license if for transportation which is not required under Prop 64)

The main differences between MCRSA and Prop 64 license types are:

1. Prop 64 offers a Microbusiness license, Type 12, which can be found in Chapter 7. Retailers and Distributors Page 28 of Prop 64 A (3) “Microbusiness, “for the cultivation of marijuana on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee complies with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.

Compared to MRCSA’s (4) Type 1C, or “specialty cottage,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

2. Prop 64 has a Type 5 and 5a license for large grows that will not be available till 2023 and will have to approved by the legislation and only approved if the need for cannabis is not being met by current production.

Compared to MCRSA who skips Type 5 license to be added later by legislation if needed. They have a place holder for a large scale license that is why when you look at MCRSA’s licensing levels there is not a Type 5 or Type 5a license. With Prop 64 there is a 5 year waiting period, with MCRSA there is not, they could vote to approve that license type next year.

3. Prop 64 is for Adult Use only and does not interfere with a medical cannabis patients rights to self provide their own cannabis that is recommended by their doctor.

MCRSA is for medical cannabis only. MCSRA does not interfere with a medical cannabis patients rights to self provide their own cannabis that is recommended by their doctor. MCRSA does sunset the protections that SB420 allowed patients and providers.

4. Prop 64 does not offer a Transportation license type.

MCRSA requires that all cannabis no matter what licensed type is transported by a Type 12 licensed transportation company.

5. Prop 64 the Type 11 Distribution license — it is still a mandatory requirement in AUMA, there is simply no restriction against it being owned by holders of other licenses as there is in the MCRSA.

MCRSA requires all medical cannabis go through a Type 11 Distribution licensed company.

-Also under MCRSA you can combine certain license types and some that have to stand alone. Here’s how MCRSA is set up I would assume Prop 64 will be the same or similar license type combining. I got this information off the CA growers association website that is a great resource on MCRSA and how it will implemented. http://www.calgrowersassociation.org/licenses .

A licensee may only hold a state license in up to two separate license categories, as follows:

Type 1, 1A, 1B, 2, 2A, or 2B licensees may also hold either a Type 6 or 7 state license.

Type 6 or 7 licensees, or a combination thereof, may also hold either a Type 1, 1A, 1B, 2, 2A, or 2B state license.

Type 6 or 7 licensees, or a combination thereof, may also hold a Type 10A state license.

Type 10A licensees may also hold either a Type 6 or 7 state license, or a combination thereof.

Type 1, 1A, 1B, 2, 2A, or 2B licensees, or a combination thereof, may also hold a Type 10A state license.

Type 10A licensees may apply for Type 1, 1A, 1B, 2, 2A, or 2B state license, or a combination thereof.

Type 11 licensees shall apply for a Type 12 state license, but shall not apply for any other type of state licenses

A Type 10A licensee may apply for a Type 6 or 7 state license and hold a 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination thereof if, under the 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination of licenses thereof, no more than four acres of total canopy size of cultivation by the licensee is occurring throughout the state during the period that the respective licenses are valid. All cultivation pursuant to this section shall comply with local ordinances.

There is more but I will stop here and get feedback on this post. I do encourage anyone considering applying for a license if Prop 64 is passed to read pages 17 to 40 of the initiative to further understand how these license types will be implemented.

Here a link to the full text of Prop 64.https://www.oag.ca.gov/…/i…/pdfs/15-0103%20(Marijuana)_1.pdf?



@Californians for Responsible Marijuana Reform


Karen Byars, founder Mendocino Cannabis Resource, LLC




  • Thank you, Karen! Your ability to organize the facts of this proposition, and present them in an understandable way, is exemplary. Yes on 64!

  • This is not legalization. This is codified prohibition.
    If you vote YES on AUMA…. you deserve what you get. I am betting within a year you will regret your vote.

  • Lost Croat Outburst

    It can’t go on like it has been. We have to start somewhere. Don’t let perfection be the enemy of good. If not now, when?

    • But this is not good! It is designed to open the door to corporate domination of pot culture, and to the dismantling of the benefits of Prop 215. It allows a massive and expensive bureaucracy to dominate and control the growing of medicine. Legalization should be simply that, legalization. Keep it out of the hands of children, but otherwise let it be entirely legal, just like tomatoes and corn. For a more thorough analysis, read this: https://voteknowprop64.blogspot.com/

      • There has been a lot of misinformation going around about Prop. 64. Get the facts here! http://friendsofprop64.org/prop-64-reflects-true-progressive-values/

        • Chris works hard to make it sound good.

          But there’s a fundamental problem with “misinformation” in a proposal whose own proponents call cannabis a “dangerous and ill-advised substance” and say that’s why it has to be regulated like Kryptonite.

          What kind of legalization says an ounce is OK but a gram more than that gets you six months in jail?

          Any legalization worth the paper it’s written on will allow viable, strong home-grow provisions for those who want to opt out of the shite-show it inaugurates.

          Prop 64’s home grow provision is very weak, subject to the same ‘reasonable regulations’ that now prevent ANY legal medical grows in places, such as Shasta County, that require code-compliant accessory structures with odor filtration, rigid walls, locking doors, and alarm systems.

          That means no viable home grows in the Ban Wagon counties. Chris hardly seems concerned, since “not that many people even want to grow marijuana at home.” (But don’t forget that it was homebrewing legalization in 1978 that started Ken Grossman on the path to founding Sierra Nevada.)

          The just-trust-me tone and lack of contextualized analysis of points like this make me feel that Chris is stumping for 64 out of opportunism more than a concern for social justice. He’s acknowledged payment from Drug Policy Action to produce these materials, which helps explain the remarkably chipper, downside-free tone of his analysis.

  • prop 64 “allows” up to six plants for personal use without a license. BUT ONLY INDOOR, very clearly stated, with additional provisions applied locally. what a swindle against anybody thinking they’re going to be able to freely have a few plants in their garden without worry. prop 64 sucks. politicians shadier and greedier than bootleggers.

  • It won’t make a difference which way we vote on it if the people don’t activate & call their congress critter to stop the energy bill that gives ALL water rights, forests, & other resources to the lobby tribes.
    Speakers start at 2:20. https://m.youtube.com/watch?v=CSCqqbHFQQY

  • I’m buying my [edit]neighbors growdozer for next to nothing when pot goes legal, his [edit] will keep on spending and the well will dry up. Back to LA for you Mr growturd.

  • Leave it the way it’s always been no on 64. The black market must survive .

  • Grammar , it still exists, …ITS ” an ” overview.

  • Why do you need all these license if it’s made legal ,so many hoops to jump thew if and after it is made legal ?there are so many rules and regulations .that I can’t keep track of it all .

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