Staying Within Canopy Limits — How Canopy is Calculated
Recently, the LCB received a number of complaints alleging specific cannabis producers were exceeding plant canopy limits. Unfortunately, investigations substantiated many of these allegations. Investigations further revealed that some cannabis producers were unclear about how cannabis plant canopy is calculated. Increasing compliance through quality education and continued communication with the industry is a foundational goal for the LCB.
The Enforcement and Education Division at the LCB has a procedure for the consistent measurement of cannabis plant canopy production areas. This procedure also addresses both indoor and outdoor cannabis producers growing in excess of the maximum plant canopy of their licensed tier size.
WAC 314–55–010(31) defines “plant canopy” as “the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.”
WAC 314–55–075(6) establishes plant canopy limits for a cannabis producer’s licensed tier size. A producer must designate plant production area(s) and the amount of square footage dedicated as plant canopy on the licensed operating plan. There are three categories for cannabis producer plant canopy:
· Tier 1 — Less than 4,000 square feet;
· Tier 2–4,000 square feet up to 10,000 square feet; and
· Tier 3–10,000 square feet up to 30,000 square feet.
So what do these rules actually mean to the producer? Here’s how areas are measured to calculate the plant canopy:
· Areas dedicated for live plant production include space between plants that allow for airflow, light, growth, access for watering, trimming, etc. These areas also include dedicated clone and mother plant production areas.
· Dedicated plant production area includes pathways, walkways and empty space between rows.
· Vehicle access roads and completely fallow areas where no cannabis plant propagation or growth is occurring are excluded.
· If plant propagation occurs in a multiple level structure, each level will be calculated as part of the total canopy allowed for the location.
Plant canopy is measured via the outside perimeter of each plant production area. Once each area is measured, the total square footage will be calculated and compared against the maximum allowed plant canopy for the licensed tier. If it is determined that a marijuana producer is growing in excess of their licensed plant canopy, the plants exceeding the canopy limits will be destroyed following the processes in WAC 314–55–210(1).
In addition to destruction of the plants, a producer’s violation and education history, and the totality of the circumstances will determine if the canopy violation will be addressed through education with a Notice to Correct, or with an Administrative Violation Notice (AVN). In serious cases that involve the protection or preservation of the public health, safety, or welfare, LCB officers may also seek a destruction order from the Board under WAC 314–55–220.
Thank you for your cooperation and compliance with marijuana plant canopy limits. If you have any questions or concerns about canopy limits, please contact your compliance consultant or enforcement and education officer.
