§ 17.43.020. Application.

A.

Issuance of a license grants provisional permission to cultivate cannabis plants within the guidelines of this chapter and state law. After receipt of a license, applicants who cultivate pursuant to the guidelines of this chapter and applicable state law will be exempt from the plant count restrictions in the existing Trinity County personal grow Ordinance (Zoning Ordinance No. 315-797 (Chapter 17.42)). Instead, applicants will be subject to the cultivated square footage provisions as defined by state regulations and allowed in this chapter.

B.

Any licensing, except for specialty cottage outdoor that qualifies under two thousand square feet cultivation area and less than five percent slope, provided under this chapter will require enrollment as dictated by the SWRCB in the NCRWQCB Order #2015-0023 or in the SWRCB's order regulating discharge requirements for discharges of waste associated with cannabis cultivation activities. Applicants, except for specialty cottage outdoor applicants, shall have been compliant with this requirement during the application period covered by the urgency ordinance to develop a record of environmental compliance. Applicants for specialty cottage outdoor shall enroll under the SWRCB's order on or before the date of application for a Trinity County commercial cultivation license. Priority for receiving specialty cottage outdoor licenses within Trinity County Waterworks District #1 shall be based on date of application with the county.

C.

Any licensing required under this chapter will require enrollment as dictated by the SWRCB in the NCRWQCB Order #2015-0023 or in the SWRCB's order regulating discharge requirements for discharges of waste associated with cannabis cultivation activities.

D.

Application for a license pursuant to this chapter does not give the applicant any property rights, and it is not a license or a guarantee that a license shall be issued. Application does not equate to non-conforming entitlement and the application is only transferrable under the conditions in Section 17.43.030(E).

E.

Licensees and applicants recognized under the urgency ordinance are ensured that their licenses and applications will retain their status and be prioritized consistent with the urgency ordinance.

F.

Use of cannabis is not recognized under federal law and Trinity County does not grant any right to violate federal law.

G.

Should the state begin issuing cannabis cultivation licenses under MAUCRSA, MMRSA and/or AUMA, an applicant or licensee pursuant to this chapter and who can otherwise demonstrate consistent compliance with this chapter, Trinity County Code and all other relevant laws and regulations, shall be provided a provisional license that may be used as evidence of local compliance for the purposes of Business and Professions Code § 19322(a)(2). Receipt of a provisional license shall suffice as adequate documentation of local compliance for the purpose of applying for a state license under Business and Professions Code § 19322(a)(2).

H.

Licensees and applicants recognized pursuant to this chapter shall file a complete application for the appropriate state license with the appropriate state licensing authority on or before January 1, 2018, or within ninety days of the state licensing taking effect. Issuance of a county license does not guarantee the issuance of a state license.

I.

Notwithstanding any other provision of this chapter, a person participating in the cultivation of cannabis who is licensed pursuant to this chapter, but who applies for and is denied a state license, shall immediately cease all cannabis cultivation in violation of the personal grow ordinance (Zoning Ordinance No. 315-797, (Chapter 17.42)) within the county until he/she successfully obtains the proper state cultivation license(s) under MAUCRSA, MMRSA and/or AUMA.

( Ord. No. 315-823 , § 1, 10-3-17; Ord. No. 315-829 , § 1, 2-6-18; Ord. No. 315-830 , § 1, 3-6-18)