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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2023-01-11 and last amended on 2022-12-02. Previous Versions

PART 2Licensing (continued)

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.

Marginal note:Master grower

  •  (1) A holder of a licence for micro-cultivation or standard cultivation must retain the services of one individual as a master grower.

  • Marginal note:Responsibilities and knowledge

    (2) The master grower is responsible for the cultivation, propagation and harvesting of cannabis and must have sufficient knowledge of the provisions of the Act and these Regulations in relation to those activities.

  • Marginal note:Alternate

    (3) A holder of a licence for micro-cultivation or standard cultivation may designate one individual as the alternate master grower who is qualified to replace the master grower.

Marginal note:Micro-cultivation — threshold

  •  (1) A holder of a licence for micro-cultivation

    • (a) must clearly delineate a surface area that does not exceed 200 m2 in which all the cannabis plants, including all the parts of the plants, must be contained; and

    • (b) must cultivate, propagate or harvest cannabis plants only from that surface area.

  • Marginal note:Surface area — calculation

    (2) If the surface area referred to in paragraph (1)(a) consists of multiple surfaces, such as surfaces arranged above one another, the area of each surface must be included in the calculation of the total surface area.

Licence for Nursery

Marginal note:Authorized activities

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

    • (a) to possess cannabis;

    • (b) to obtain 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 a nursery 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 activity

    (3) A holder of a licence for a nursery 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 cannabis.

  • Marginal note:Use of organic solvent

    (4) A holder of a licence for a nursery 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 a nursery whose licence authorizes the sale of cannabis is authorized to conduct the following activities:

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

      • (i) a holder of a licence for 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, that are cannabis products, to the following:

      • (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

    • (c) 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 a nursery sends or delivers cannabis plants and cannabis plant seeds under subparagraph (5)(c)(ii) further to 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.

Marginal note:Master grower

  •  (1) A holder of a licence for a nursery must retain the services of one individual as a master grower.

  • Marginal note:Responsibilities and knowledge

    (2) The master grower is responsible for the cultivation, propagation and harvesting of cannabis and must have sufficient knowledge of the provisions of the Act and these Regulations in relation to those activities.

  • Marginal note:Alternate

    (3) A holder of a licence for a nursery may designate one individual as the alternate master grower who is qualified to replace the master grower.

Marginal note:Obtaining cannabis plant seeds

  •  (1) A holder of a licence for a nursery that cultivates cannabis for the purpose of obtaining cannabis plant seeds must

    • (a) clearly delineate a total surface area that does not exceed 50 m2 in which all the budding or flowering cannabis plants, including all the parts of those plants, must be contained;

    • (b) not possess more than 5 kg of flowering heads harvested from the plants referred to in paragraph (a), with the exception of the cannabis plant seeds; and

    • (c) destroy the flowering heads — with the exception of the cannabis plant seeds — leaves and branches of the plants referred to in paragraph (a) within 30 days of harvesting them.

  • Marginal note:Surface area — calculation

    (2) If the surface area referred to in paragraph (1)(a) consists of multiple surfaces, such as surfaces arranged above one another, the area of each surface must be included in the calculation of the total surface area.

Processing Licences

Marginal note:Authorized activities — licence for standard processing

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

    • (a) to possess cannabis;

    • (b) to produce cannabis, other than obtain it by cultivating, propagating or harvesting it; and

    • (c) to sell cannabis.

  • Marginal note:Authorized activities — licence for micro-processing

    (2) Subject to the other provisions of these Regulations, a holder of a licence for micro-processing is authorized to conduct those of the following activities that are authorized by the licence:

    • (a) to possess cannabis;

    • (b) to produce cannabis, other than obtain it by

      • (i) synthesis, or

      • (ii) cultivating, propagating or harvesting it; and

    • (c) to sell cannabis.

  • Marginal note:Offer

    (3) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph (1)(b) or (2)(b) is also authorized to offer to obtain cannabis by any method authorized by the licence.

  • Marginal note:Use of organic solvent

    (4) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph 1(b) or (2)(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:Sale

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

    • (a) to sell and distribute cannabis to any of the following:

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

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

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

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

      • (v) the Minister,

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

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

    • (b) to sell and distribute the following to a holder of a licence for micro-cultivation or standard cultivation:

      • (i) dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, or

      • (ii) reference standards;

    • (c) to sell and distribute the following to a holder of a licence for a nursery:

      • (i) cannabis plants and cannabis plant seeds, or

      • (ii) reference standards;

    • (d) to sell and distribute cannabis products to the following:

      • (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

    • (e) to send and deliver 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-processing or standard processing sends or delivers cannabis products under subparagraph (5)(e)(ii) further to 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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