SB 508 Cannabis: licenses: California Environmental Quality Act

This bill is part of the 2023 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.

SB 508 (Laird D) Cannabis: licenses: California Environmental Quality Act.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.

This bill would provide that the Department of Cannabis Control is not required to serve as a responsible agency under CEQA if the local jurisdiction acting as lead agency under CEQA has filed a notice of determination for the commercial cannabis activity, or a notice of exemption for a retail commercial cannabis project, with the Office of Planning and Research following the adoption of a mitigated negative declaration or certification of an environmental impact report by the local jurisdiction, as specified, and the commercial cannabis activity for which the applicant is seeking a license from the department is the same project as the commercial cannabis activity analyzed by the local jurisdiction under CEQA.

(See related Assembly Bill 1719.)

Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.

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