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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2022-11-16 and last amended on 2022-09-27. 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 and Prohibition

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;

    • (d) to distribute cannabis to other 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;

    • (e) to distribute cannabis to the individuals referred to in subsection (4); and

    • (f) to distribute cannabis to the holder of a licence for analytical testing.

  • 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) to (f), and to offer to conduct the activity referred to in paragraph (1)(c), to the extent necessary to conduct the testing.

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.

Marginal note:Sale of cannabis containing caffeine

 For the purposes of subsection 34(1) of the Act,

  • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

  • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine and the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg:

    • (i) a holder of a licence for processing that authorizes the sale of cannabis,

    • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

    • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

Marginal note:Sale of cannabis containing ethyl alcohol

  •  (1) For the purposes of subsection 34(1) of the Act,

    • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell a cannabis extract that is not a cannabis product and that contains ethyl alcohol; and

    • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell a cannabis extract that is a cannabis product and that contains ethyl alcohol if the cannabis extract is intended to be ingested and the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g:

      • (i) a holder of a licence for processing that authorizes the sale of cannabis,

      • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

      • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

  • Marginal note:Edible cannabis

    (2) For the purposes of subsection 34(1) of the Act,

    • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains ethyl alcohol; and

    • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains ethyl alcohol if the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis:

      • (i) a holder of a licence for processing that authorizes the sale of cannabis,

      • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

      • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

Marginal note:Prohibition to sell — voluntary recall

 A person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis must not sell a cannabis product that they know is the subject of a voluntary recall in Canada that has been commenced for reasons respecting

  • (a) the quality of the cannabis product; or

  • (b) the applicable requirements of Part 5 or 6 are otherwise not being met.

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, the former Industrial Hemp Regulations or the Industrial Hemp Regulations or that is obtained in accordance with these Regulations or from a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

  • 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.

Cultivation Licences

Licences for Micro-cultivation and Standard Cultivation

Marginal note:Authorized activities

  •  (1) Subject to the other provisions of these Regulations, a holder of a licence for micro-cultivation or standard cultivation is authorized to conduct those of the following activities that are authorized by the licence:

    • (a) to possess cannabis;

    • (b) to obtain dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds by cultivating, propagating and harvesting cannabis;

    • (c) for the purpose of testing, to obtain cannabis by altering its chemical or physical properties by any means; and

    • (d) to sell cannabis.

  • Marginal note:Offer

    (2) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized to offer to conduct that activity.

  • Marginal note:Ancillary activities

    (3) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(b) is also authorized, to the extent necessary to conduct that activity, to conduct ancillary activities such as drying, trimming and milling cannabis.

  • Marginal note:Use of organic solvent

    (4) A holder of a licence for micro-cultivation or standard cultivation that is authorized to conduct the activity referred to in paragraph (1)(c) is also authorized to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity.

  • Marginal note:Sale

    (5) A holder of a licence for micro-cultivation or standard cultivation whose licence authorizes the sale of cannabis is authorized to conduct the following activities:

    • (a) to sell and distribute dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds to any of the following:

      • (i) a holder of a licence for micro-cultivation or standard cultivation,

      • (ii) a holder of a licence for processing,

      • (iii) a holder of a licence for analytical testing,

      • (iv) a holder of a licence for research,

      • (v) a holder of a cannabis drug licence,

      • (vi) the Minister,

      • (vii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed; or

      • (viii) the individuals referred to in section 4;

    • (b) to sell and distribute cannabis plants and cannabis plant seeds to a holder of a licence for a nursery;

    • (c) to sell and distribute cannabis plants and cannabis plant seeds, that are cannabis products, to

      • (i) a holder of a licence for sale, or

      • (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and

    • (d) to send and deliver cannabis plants and cannabis plant seeds, that are cannabis products, to the purchaser of the products at the request of

      • (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or

      • (ii) a holder of a licence for sale.

  • Marginal note:Client’s shipping address

    (6) If a holder of a licence for micro-cultivation or standard cultivation sends or delivers cannabis plants and cannabis plant seeds under subparagraph (5)(d)(ii) the sale of such products under section 289, the holder must send or deliver the products to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes.

 
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