Cannabis Regulations (SOR/2018-144)

Non-application

Marginal note:Non-application — Industrial Hemp Regulations

2 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

3 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

• 4 (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:

  • (a) to the extent necessary to conduct the testing,

    • (i) to possess cannabis,

    • (ii) to obtain cannabis by altering its chemical or physical properties by any means,

    • (iii) in the case of seed viability testing, to obtain cannabis by cultivating it, and

    • (iv) to distribute cannabis to any of the following:

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

      • (B) an individual referred to in subsection (4), or

      • (C) 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;

  • (b) for the purpose of producing reference standards or manufacturing or assembling test kits, to produce cannabis, other than obtain it by cultivating, propagating or harvesting it; and

  • (c) to sell or distribute reference standards 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 research,

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

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

    • (vi) an individual referred to in subsection (4),

    • (vii) the Minister,

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

    • (ix) 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.

• Marginal note:Offer

  (2) An individual who conducts an activity referred to in subparagraph (1)(a)(ii) or (iii) or paragraph (1)(b) is also authorized to offer to conduct that activity.

• Marginal note:Use of an organic solvent

  (3) An individual who conducts an activity referred to in subparagraph (1)(a)(ii) or 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) An individual who is 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 is authorized to conduct the activities referred to in subparagraphs (1)(a)(i), (iii) and (iv), and to offer to conduct the activity referred to in subparagraph (1)(a)(iii), to the extent necessary to conduct the testing.

Marginal note:Distribution — analytical testing

5 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

5.1 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 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

• 5.2 (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:Reference standard

  (3) For the purposes of subsection 34(1) of the Act, the following persons are authorized to sell a reference standard that contains any substance that is referred to in column 1 of Schedule 5 to the Act:

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

  • (b) a holder of a licence for analytical testing that authorizes the sale of cannabis; or

  • (c) the individuals referred to in section 4.

Marginal note:Prohibition to sell — voluntary recall

5.3 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.

Marginal note:Reference standards — prohibition

5.4 A reference standard must not be used as an ingredient, be included in a cannabis product or be packaged and labelled for sale to a consumer at the retail level.

Marginal note:Reference standards appealing to young persons

5.5 For the purposes of section 31 of the Act, the following persons are authorized to sell a reference standard even if it has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons:

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

• (b) a holder of a licence for analytical testing that authorizes the sale of cannabis; and

• (c) the individuals referred to in section 4.

PART 2Licensing

Marginal note:Definition of distribute

6 In this Part, distribute does not include administering.

Pre-licensing Requirements

Marginal note:Notice to local authorities

• 7 (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

• 8 (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

9 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.