26050.6.
(a) The California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance, pursuant to this chapter, by the department of a state license for a project to engage in commercial cannabis activity if the appropriate local jurisdiction, as the lead agency, has done either of the following: (1) Approved the project, either adopted a negative declaration or mitigated negative declaration for the project or certified an environmental impact report for the project, and filed with the Office of Planning and Research a notice of determination.
(2) Approved the project following a determination that the project complies with a local ordinance governing commercial cannabis activity for which an environmental impact report has been certified and the project does not result in an impact that was not analyzed in that environmental impact report.
(b) In order to qualify for the exemption in subdivision (a), the local jurisdiction’s determination on the project or local ordinance, as applicable and as required under Section 21080.1 of the Public Resources Code, shall be final and the local jurisdiction’s determination shall not be the subject of pending judicial review. The department shall determine whether the project satisfies this subdivision.