Licensed Cannabis Cultivation – Guidance for Pesticide Use Enforcement
This letter provides pesticide use enforcement guidance at licensed cannabis cultivation sites and updates Enforcement Letter ENF 17-03.
1. Statutory Authority
County Agricultural Commissioners (CAC) retain full pesticide use enforcement authority under Food and Agricultural Code (FAC) §§11501.5 and 12999.5. California cannabis laws did not alter CAC responsibility or transfer enforcement authority to other agencies. CACs are expected to carry out their authority at licensed cannabis cultivation sites.
2. Staff Safety
The safety of CAC and DPR staff is our highest priority. Cannabis cultivation sites can present unique hazards, such as contamination and security risks. Staff should carefully evaluate site conditions before entry and request assistance from their Enforcement Branch Liaison (EBL) when necessary. Safety recommendations provided by DPR’s Worker Health and Safety Branch for potentially contaminated cannabis cultivation sites are enclosed with this letter.
3. General Guidance
In counties where cultivation is legal, CACs should incorporate cannabis enforcement activities into their county work plans (See ENF 22-02), including outreach and compliance monitoring of cannabis growers.
Site access to perform inspections is authorized under 3 CCR § 6140. This includes unannounced inspections of facilities regardless of whether an operator identification number exists or employees/company possess DPR licenses. Whenever possible, the inspector should seek consent to inspect the site from the property owner or his/her representative. DPR’s Pesticide Use Enforcement Compendium (Compendium), Volume 1, Chapter 1, Section 3 provides guidance on this subject. Refusal to grant site access during normal business hours may be a violation of law. In such cases, legal action such as an inspection warrant or administrative subpoena to inspect may be pursued. CACs should consult their EBL in such cases.
4. Coordination with Other Agencies
CACs may receive requests from other agencies, such as the Department of Cannabis Control (DCC) or the Department of Fish and Wildlife (CDFW), to assist with inspections. Participation is resource-dependent but encouraged; however, CACs are required to investigate pesticide misuse as identified in Compendium Volume 5, Chapter 1.
5. Unregistered and Misbranded Pesticide Products
Unregistered or misbranded pesticide products can be found at cannabis cultivation sites including unregistered or mislabeled plant growth regulators, or unregistered foreign-labeled products. CACs should follow Compendium procedures for sampling and investigation, and pesticide product sales complaints (see ENF 18-08) should be reported to DPR for possible sales investigations while the CAC completes their investigation.
Examples of unregistered foreign-labeled pesticides found at cultivation sites are enclosed with this letter for reference. Staff are encouraged to use the enclosed reference document as well as web-based tools including Google Translate while on-site to identify foreign-labeled pesticides. Requests for written label translations or other documents can be submitted through the Language Access Hub (through May 2026) or DPR.
6. Product Removal and Disposal
CACs are authorized to remove unattended pesticide products that pose hazards under specific conditions outlined in 3 CCR § 6670, but must assess available staff and resources to collect, store, and dispose of those products. CACs may seek reimbursement from DPR for removal and disposal of products utilizing funds sourced from the California Cannabis Tax Fund.
7. District Attorney (DA) Referrals
District attorney referrals can strengthen enforcement efforts, particularly where monetary penalties are difficult to collect. DA referrals are required by the enforcement response regulations in cases of reportable episodes. Early coordination with your local DA office is encouraged, and CACs must consult EBLs regarding DA requests for sample collection and analysis that extend beyond what is required for the CAC to levy an administrative penalty.
8. Stop Harvest, Seizure, and Destruction
Regarding cannabis and hemp crops, DPR’s legal office is currently evaluating the CAC’s authority to enforce specific sections of the Food and Agricultural Code (e.g. FAC § 12673) regarding stop harvest, packaging, shipment, or sale actions. FAC § 12648 provides DPR with broader enforcement authority in these areas which may be utilized, but CACs should seek guidance from their EBLs for potential enforcement actions under this provision.
Thank you for your continued dedication to enforcing pesticide regulations and ensuring the safe cultivation of cannabis within California.
Sincerely,