1. (a) A cultivator shall use its own OCal grown cannabis seeds and planting stock or OCal seeds and planting stock from a nursery licensed by the department and certified pursuant to the requirements of this chapter except under the following conditions:

   1. (1) Non-OCal grown untreated seeds and planting stock may be used to produce OCal cannabis when equivalent OCal grown seeds and planting stock are not commercially available;
   2. (2) Non-OCal grown seeds and planting stock that have been treated with a substance allowed for use in organic crop production pursuant to the National List of Allowed and Prohibited Substances may be used to produce OCal cannabis when an equivalent OCal grown or untreated variety is not commercially available;
   3. (3) Non-OCal grown seeds and planting stock may be used to produce an OCal crop when a temporary variance has been granted in accordance with section 10210(d) of this chapter; and
   4. (4) Seeds and planting stock treated with prohibited substances may be used to produce OCal cannabis when the application of the materials is a requirement of federal or state phytosanitary regulations.

Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.

History

1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).