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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

Non-application

Marginal note:Non-application — Industrial Hemp Regulations

 These Regulations do not apply to a holder of a licence that is subject to the Industrial Hemp Regulations, or to an applicant for such a licence.

Marginal note:Non-application — holder of cannabis drug licence

 Subsection 10(1), sections 29 to 48 and Parts 5 and 7 do not apply to a holder of a cannabis drug licence referred to in Part 8, or to an applicant for such a licence.

PART 1General Authorizations

Marginal note:Authorized activities — federal or provincial laboratory

  •  (1) Individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is operated by the Government of Canada or the government of a province are authorized to conduct the following activities to the extent necessary to conduct the testing:

    • (a) to possess cannabis;

    • (b) to obtain cannabis by altering its chemical or physical properties by any means;

    • (c) in the case of seed viability testing, to obtain cannabis by cultivating it; and

    • (d) to distribute cannabis to another laboratory that is operated by the Government of Canada or the government of a province.

  • Marginal note:Offer

    (2) An individual who conducts an activity referred to in paragraph (1)(b) or (c) is also authorized to offer to conduct that activity.

  • Marginal note:Use of organic solvent

    (3) An individual who conducts an activity referred to in paragraph (1)(b) is also authorized to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity.

  • Marginal note:Authorized activities — accredited laboratory

    (4) Individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is designated as an accredited laboratory under section 2.1 of the Seeds Act are authorized to conduct the activities referred to in paragraphs (1)(a) and (c), and to offer to conduct the activity referred to in paragraph (1)(c), to the extent necessary to conduct the testing.

  • SOR/2018-144, s. 374

Marginal note:Distribution — analytical testing

 An individual is authorized to distribute cannabis to a holder of a licence for analytical testing if the quantity of cannabis does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

PART 2Licensing

Marginal note:Definition of distribute

 In this Part, distribute does not include administering.

Pre-licensing Requirements

Marginal note:Notice to local authorities

  •  (1) Before submitting an application to the Minister for a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis, the person that intends to submit the application must provide a written notice to the following authorities in the area in which the site referred to in the application is located:

    • (a) the local government;

    • (b) the local fire authority; and

    • (c) the local police force or the Royal Canadian Mounted Police detachment that is responsible for providing policing services to that area.

  • Marginal note:Content of notice

    (2) The notice must contain the following information:

    • (a) the person’s name;

    • (b) the date on which the person expects to submit the application;

    • (c) the class and the subclass of licence that will be sought, the activity that the person expects to conduct under the licence and an indication that the activity will be conducted in relation to cannabis; and

    • (d) the address of the site where the person proposes to conduct the activities and, if applicable, of each building within the site.

  • Marginal note:Senior official

    (3) The notice must be addressed to a senior official of the local authority to which it is provided.

  • Marginal note:Definition of local government

    (4) In this section, local government includes

    • (a) an incorporated city, metropolitan area, town, village or other municipality;

    • (b) an authority responsible for delivering municipal services that are related to the activities to be conducted under the licence to an unincorporated city, metropolitan area, town, village or other municipality;

    • (c) a band, as defined in subsection 2(1) of the Indian Act; and

    • (d) a First Nation, Métis or Inuit government that is party to a self-government or land claims agreement that is given effect by an Act of Parliament, or a First Nation, Métis or Inuit government established under a provincial Act.

Classes of Licences

Marginal note:Classes of licences

  •  (1) The following, among others, are established as classes of licences that authorize activities in relation to cannabis:

    • (a) a licence for cultivation;

    • (b) a licence for processing;

    • (c) a licence for analytical testing;

    • (d) a licence for sale;

    • (e) a licence for research; and

    • (f) a cannabis drug licence.

  • Marginal note:Drug containing cannabis

    (2) Despite subsection (1), the licences referred to in paragraphs (1)(a), (b) and (d) authorize activities in relation to cannabis, other than a drug containing cannabis.

  • Marginal note:Subclasses — cultivation

    (3) The following, among others, are established as subclasses of a licence for cultivation:

    • (a) a licence for micro-cultivation;

    • (b) a licence for standard cultivation; and

    • (c) a licence for a nursery.

  • Marginal note:Subclasses — processing

    (4) The following, among others, are established as subclasses of a licence for processing:

    • (a) a licence for micro-processing; and

    • (b) a licence for standard processing.

  • Marginal note:Subclasses — sale

    (5) A licence for sale for medical purposes is established as a subclass, among others, of a licence for sale.

Licence Content

Marginal note:Licence — content

 A licence, other than a licence referred to in paragraph 8(1)(f), must set out the following information:

  • (a) the name of the holder of the licence;

  • (b) the licence number;

  • (c) the class of the licence and, if applicable, the subclass of the licence;

  • (d) the address of the site where the activity is authorized and, if applicable, of each building within the site;

  • (e) the authorized activity at the site and, if applicable, the authorized activity that may be conducted at each building within the site;

  • (f) any conditions that the Minister considers appropriate;

  • (g) the effective date of the licence; and

  • (h) the date of expiry of the licence.

Possession

Marginal note:Obtaining cannabis

  •  (1) Subject to the other provisions of these Regulations, a holder of a licence that authorizes the possession of cannabis must only possess cannabis that was obtained in accordance with the former Access to Cannabis for Medical Purposes Regulations, or that is obtained in accordance with these Regulations or from a person authorized to sell cannabis under a provincial Act by reason of subsection 69(1) of the Act.

  • Marginal note:Exception — licence for cultivation

    (2) A holder of a licence for cultivation is authorized to possess cannabis plants and cannabis plant seeds that were not obtained in accordance with subsection (1) if the holder had submitted to the Minister, with the licence application, a declaration, signed and dated by the individual who signed and dated the application, indicating the quantity of such cannabis plants and cannabis plant seeds that they will have in their possession on the effective date of the licence.

  • Marginal note:Authorized quantity

    (3) The quantity of cannabis plants and cannabis plant seeds that the holder is authorized to possess under subsection (2) must be equal to the amount indicated in the declaration.

 
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