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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-11-19 and last amended on 2019-10-17. Previous Versions

PART 8Drugs Containing Cannabis (continued)

DIVISION 1Licence

Activities

Marginal note:Authorized activities

  •  (1) Subject to the other provisions of these Regulations, a holder of a cannabis drug licence is authorized to conduct the following activities if they are authorized by the licence:

    • (a) possessing cannabis obtained in accordance with these Regulations; and

    • (b) producing or selling a drug containing cannabis.

  • Marginal note:Ancillary activities — production

    (2) A holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to distribute and offer to produce the drug.

  • Marginal note:Ancillary activities — sale

    (3) A holder of a cannabis drug licence that authorizes the sale of a drug is also authorized to distribute the drug.

  • Marginal note:Definition of produce

    (4) For the purpose of this section, produce does not include obtaining cannabis by cultivating, propagating or harvesting it.

 [Repealed, SOR/2019-206, s. 50]

Marginal note:Use of organic solvent

 Subject to the other provisions of these Regulations, a holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to alter or offer to alter the chemical or physical properties of the cannabis by the use of an organic solvent.

Marginal note:Sale

  •  (1) Subject to subsection (2), a holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may sell or distribute the drug only to

    • (a) another holder of a cannabis drug licence;

    • (b) an individual referred to in section 4.

    • (c) a holder of a research licence;

    • (d) a holder of an analytical testing licence;

    • (e) the holder of a licence from which the holder of the cannabis drug licence received the drug, if the drug is sold or distributed for the purpose of its return;

    • (f) a holder of a licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction;

    • (g) a pharmacist;

    • (h) a practitioner;

    • (i) a hospital employee;

    • (j) a person to which an exemption in relation to the drug has been granted under section 140 of the Act; or

    • (k) the Minister.

  • Marginal note:Written order

    (2) A holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may only sell the drug if

    • (a) they have received a written order that specifies the name and quantity of the drug to be supplied and is signed and dated

      • (i) in the case of a drug to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the individual in charge of the hospital to sign the order, and

      • (ii) in any other case, by the person to which the drug is to be sold; and

    • (b) they have verified the signature, if it is unknown to them.

  • Marginal note:Exception — pharmacist and practitioner

    (3) It is prohibited for a holder of a cannabis drug licence to sell or distribute any drug containing cannabis to

    • (a) a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

    • (b) a practitioner who is named in a notice issued under subsection 189(2) or (4).

  • Marginal note:Non-application

    (4) Subsection (3) does not apply to a holder of a cannabis drug licence to which the Minister has issued a notice of retraction issued under

    • (a) subsection 182(1) in respect of the pharmacist referred to in paragraph (3)(a); or

    • (b) subsection 190(1) in respect of a practitioner referred to in paragraph (3)(b).

Marginal note:Presence of qualified person in charge

 A holder of a cannabis drug licence may conduct an activity in relation to cannabis, other than its destruction or antimicrobial treatment, at the licensed site only if the qualified person in charge or an alternate qualified person in charge is present at the site.

Marginal note:Antimicrobial treatment

 A holder of a cannabis drug licence may conduct antimicrobial treatment of cannabis at a location other than the licensed site if

  • (a) they ensure that the cannabis that is at the location is, at all times, in the presence of an individual referred to in paragraph 146(3)(a); and

  • (b) the cannabis is subsequently returned to the licensed site or distributed in accordance with this Part.

Marginal note:Destruction — holder of a cannabis drug licence

  •  (1) A holder of a cannabis drug licence is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour;

    • (b) in the presence of a witness referred to in paragraph (3)(a) and another witness referred to in subsection (3); and

    • (c) in the case where the cannabis is destroyed at a location other than the licensed site, if the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one witness referred to in paragraph (3)(a).

  • Marginal note:Destruction — licensed dealer

    (2) The licensed dealer is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location at which it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; and

    • (b) in the presence of a witness referred to in paragraph (4)(a) and another witness referred to in subsection (4).

  • Marginal note:Witness — holder of a cannabis drug licence

    (3) The following individuals are qualified to witness the destruction of cannabis by a holder of a cannabis drug licence:

    • (a) the senior person in charge, the qualified person in charge or the alternate qualified person in charge; and

    • (b) an employee of the holder.

  • Marginal note:Witness — licensed dealer

    (4) The following individuals are qualified to witness the destruction of cannabis by a licensed dealer:

    • (a) the qualified person in charge, as defined in subsection 2(1) of the Narcotic Control Regulations, or the alternate qualified person in charge designated under paragraph 8.3(1)(b) of those Regulations; and

    • (b) an employee of the licensed dealer.

  • Marginal note:Statement by witnesses

    (5) For each instance that they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must obtain a statement signed and dated by two of the witnesses referred to in paragraph (1)(b) or (2)(b) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph (1)(a) or (2)(a).

  • Marginal note:Record

    (6) With respect to cannabis that they destroy, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must prepare a record that sets out

    • (a) a description of the cannabis, its form and quantity;

    • (b) in the case of a drug containing cannabis, the brand name of the drug and its strength per unit;

    • (c) the address of the location at which the cannabis is destroyed;

    • (d) a brief description of the method and the date of destruction; and

    • (e) the names of the individuals who witnessed the destruction and were qualified to do so under paragraph (1)(b) or (2)(b) and the basis on which they were qualified under subsection (3) or (4).

  • Marginal note:Retention period

    (7) The holder of a cannabis drug licence and the licensed dealer must retain the record and the statement for at least two years after the day on which the cannabis is destroyed.

 
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