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Excise Act, 2001 (S.C. 2002, c. 22)

Full Document:  

Act current to 2020-07-15 and last amended on 2019-06-21. Previous Versions

PART 4.1Cannabis (continued)

Cannabis Production and Stamping (continued)

Marginal note:Prohibition — cannabis for sale

 No person shall purchase or receive for sale

  • (a) a cannabis product from a producer that the person knows, or ought to know, is not

    • (i) a cannabis licensee, or

    • (ii) in the case of an industrial hemp by-product, an industrial hemp grower;

  • (b) a cannabis product that is required under this Act to be packaged and stamped unless it is packaged and stamped in accordance with this Act; or

  • (c) a cannabis product that the person knows, or ought to know, is fraudulently stamped.

  • 2018, c. 12, s. 73

Marginal note:Selling, etc., unstamped cannabis

  •  (1) No person, other than a cannabis licensee, shall dispose of, sell, offer for sale, purchase or have in their possession a cannabis product unless

    • (a) it is packaged; and

    • (b) it is stamped to indicate that cannabis duty has been paid.

  • Marginal note:Selling, etc., unstamped cannabis — specified province

    (2) No person, other than a cannabis licensee, shall dispose of, sell, offer for sale, purchase or have in their possession a cannabis product in a specified province unless it is stamped to indicate that additional cannabis duty in respect of the specified province has been paid.

  • Marginal note:Exception — possession of cannabis

    (3) Subsections (1) and (2) do not apply to the possession of a cannabis product

    • (a) by a person that

      • (i) is a prescribed person that is transporting the cannabis product under prescribed circumstances and conditions,

      • (ii) is a prescribed person that is sterilizing the cannabis product under prescribed circumstances and conditions,

      • (iii) is an individual if the cannabis product was imported for their medical purposes in accordance with the Controlled Drugs and Substances Act or the Cannabis Act, as applicable, or

      • (iv) possesses the cannabis product for analysis or destruction in accordance with subparagraph 158.3(a)(v);

    • (b) if the cannabis product is

      • (i) a low-THC cannabis product,

      • (ii) a prescription cannabis drug, or

      • (iii) a prescribed cannabis product or a cannabis product of a prescribed class; or

    • (c) in prescribed circumstances or for a prescribed purpose.

  • Marginal note:Exception — disposal, sale, etc.

    (4) Subsections (1) and (2) do not apply to the disposal, sale, offering for sale or purchase of a cannabis product

    • (a) if the cannabis product is

      • (i) a low-THC cannabis product,

      • (ii) a prescription cannabis drug, or

      • (iii) a prescribed cannabis product or a cannabis product of a prescribed class; or

    • (b) in prescribed circumstances or for a prescribed purpose.

  • Marginal note:Exception — industrial hemp

    (5) Subsections (1) and (2) do not apply to

    • (a) the possession of an industrial hemp by-product by the industrial hemp grower that produced it, if the industrial hemp by-product

      • (i) is on the industrial hemp grower’s property, or

      • (ii) is being transported by the industrial hemp grower for delivery to or return from a cannabis licensee; and

    • (b) the disposal, sale or offering for sale of an industrial hemp by-product to a cannabis licensee by the industrial hemp grower that produced it.

  • Marginal note:Exception — specified province

    (6) Subsection (2) does not apply to

    • (a) the possession of a cannabis product in prescribed circumstances or for a prescribed purpose; or

    • (b) the disposal, sale, offering for sale or purchase of a cannabis product in prescribed circumstances or for a prescribed purpose.

  • 2018, c. 12, s. 73

Marginal note:Sale or distribution by licensee

  •  (1) No cannabis licensee shall distribute a cannabis product or sell or offer for sale a cannabis product to a person unless

    • (a) it is packaged;

    • (b) it is stamped to indicate that cannabis duty has been paid; and

    • (c) if additional cannabis duty in respect of a specified province is imposed on the cannabis product, it is stamped to indicate that the additional cannabis duty has been paid.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the distribution, sale or offering for sale of a cannabis product

    • (a) to a cannabis licensee;

    • (b) if the cannabis product is exported by the cannabis licensee in accordance with the Cannabis Act;

    • (c) if the cannabis product is

      • (i) a low-THC cannabis product,

      • (ii) a prescription cannabis drug, or

      • (iii) a prescribed cannabis product or a cannabis product of a prescribed class; or

    • (d) in prescribed circumstances or for a prescribed purpose.

  • 2018, c. 12, s. 73

Marginal note:Packaging and stamping of cannabis

 A cannabis licensee that produces a cannabis product shall not enter the cannabis product into the duty-paid market unless

  • (a) the cannabis product has been packaged by the licensee;

  • (b) the package has printed on it prescribed information;

  • (c) the cannabis product is stamped by the licensee to indicate that cannabis duty has been paid; and

  • (d) if the cannabis product is to be entered in the duty-paid market of a specified province, the cannabis product is stamped by the licensee to indicate that additional cannabis duty in respect of the specified province has been paid.

  • 2018, c. 12, s. 73

Marginal note:Notice — absence of stamping

  •  (1) The absence on a cannabis product of stamping that indicates that cannabis duty has been paid is notice to all persons that cannabis duty has not been paid on the cannabis product.

  • Marginal note:Notice — absence of stamping

    (2) The absence on a cannabis product of stamping that indicates that additional cannabis duty in respect of a specified province has been paid is notice to all persons that additional cannabis duty in respect of the specified province has not been paid on the cannabis product.

  • 2018, c. 12, s. 73

Marginal note:Cannabis — waste removal

  •  (1) No person shall remove a cannabis product that is waste from the premises of a cannabis licensee other than the cannabis licensee or a person authorized by the Minister.

  • Marginal note:Removal requirements

    (2) If a cannabis product that is waste is removed from the premises of a cannabis licensee, it shall be dealt with in the manner authorized by the Minister.

  • 2018, c. 12, s. 73
 
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