The legalization of cannabis in several states across the country is an exciting new development for many individuals. However, each new state that decides to legalize cannabis introduces its own unique set of laws pertaining to the growth and maintenance of marijuana plants. As a result, it can be confusing keeping track of the specific regulations pertaining to each individual state, and many questions arise relating to whether certain practices are permitted from state to state. In this article, we spell out the specific laws and regulations relating to the use of cannabis pesticides in the state of California.
What is the Regulatory Body Responsible for Cannabis Pesticides Laws?
The Bureau of Cannabis Control is typically the lead agency that regulates commercial cannabis for both medical marijuana purposes and recreational cannabis in California. This agency has broad authority to issue regulations ranging from the distribution of retailer and distributor licenses to managing testing laboratories. However, when it comes to the regulation of pesticides – even a pesticide for cannabis plants – California’s Department of Pesticide Regulation is actually the governing body.
The Department of Pesticide Regulation has several responsibilities when it comes the use of a pesticide for cannabis plants. Most importantly, the Department drafts statewide regulations and guidance related to pesticide for cannabis growing. More specifically, the Department ensures that the pesticides used comply with the various food and agricultural regulations governing the agriculture industry. The Department of Pesticide Regulation works closely with the Bureau of Cannabis Control to determine pesticide resolutions that both benefit the cannabis industry, while also keeping the public safe and healthy.
What are the guidelines for cannabis pesticides?
The guidelines regulating pesticide for cannabis plants are located under Title 3 of the California Code of Regulations in Divisions 6 and 7 of the California Food and Agricultural Code. These regulations apply to the use of pesticides on all cultivated products, so although pesticide for cannabis is not specifically mentioned in the regulations, it is important to understand that these laws still apply.
There are two main guidelines that determine whether a specific pesticide for cannabis is acceptable to use:
- The active ingredients found in the pesticide are exempt from residue tolerance requirements. These regulations are delineated by the US Environmental Protection Agency.
- The pesticide is either exempt from registration requirements or registered for a use that is broad enough to include use on cannabis.
California’s Department of Pesticide Regulation also contemplates three criteria which describe pesticides that are NOT permitted for use on cannabis. In other words, if a pesticide falls into any one of these three criteria, the use of that pesticide for cannabis crops could result in either a civil or criminal penalty. Those three criteria are:
- The pesticide is not registered for a food use in the State of California
- The pesticide includes a California Restricted Material as defined in Title 3 of the California Code of Regulations, Section 6400. It should also be noted that this includes all Federal Restricted Use Pesticides.
- If the pesticide contains an ingredient found on the groundwater protection list under Title 3 of the California Code of Regulations, Section 6800.
How do you know if your cannabis pesticides qualify?
As a general rule, the Department of Pesticide Regulation does not publish a list of permitted pesticides for use on any specific crop, including cannabis pesticides. Therefore, it is typically up to the grower to make determinations about whether or not a particular pesticide for cannabis is allowed. Having said that, there are resources available to growers to help them test acceptable cannabis pesticides. Chem Service Inc. has seven pesticide testing products to help growers to determine whether a pesticide for cannabis is acceptable according to the state of California guidelines. These products include standard mixtures 1, 2, 3, 4, and 5, sold individually or as a kit, and a residual solvent mixture. For more information about cannabis pesticides for California and other states, contact Chem Service Inc. today.
