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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 2Licensing (continued)

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.

  • SOR/2019-206, s. 4

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.

  • SOR/2019-206, s. 5

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.

 
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