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The Cannabis Regulations under the Cannabis Act, which will come into force on October 17, 2018, set out the following classes of licences that will authorize activities in relation to cannabis:
The Cannabis Regulations1 under the Cannabis
Act2, which will come into force on October
17, 2018, set out the following classes of licences that will
authorize activities in relation to cannabis:
a licence for cultivation;
a licence for processing;
a licence for analytical testing;
a licence for sale;
a licence for research; and
a cannabis drug licence.
A detailed summary of the authorized activities for each class
of licence are set out in Schedule "A" hereto.
The existing licensing regime authorizes activities in relation
to cannabis under the Access to Cannabis for Medical Purposes
Regulations3 (ACMPR) and the Narcotic Control
Regulations4 (Narcotic Control Reg) to the
Controlled Drugs and Substances Act.5
The ACMPR (in respect of licensed producers) and the Narcotic
Control Reg (in respect of licensed dealers) do not set out
specific classes or subclasses of licences in the legislation;
however each licence issued specifies the activities that are
authorized under such licence.
Schedule "B" below identifies how existing licensed
producer licences issued under the ACMPRs and licensed dealer
licences issued under the Narcotic Control Reg will be transitioned
under the new Cannabis Regulations.
SCHEDULE "A"
Classes of licences under the Cannabis Regulations to the
Cannabis Act
Licence for cultivation:
Potential
subclass and subclass restrictions (if any)
Potentially
authorized to
Authorized
sales
Licence for
micro-cultivation
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 must cultivate,
propagate or harvest cannabis plants only from that surface
area.
If the surface area 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.
possess cannabis
obtain dried cannabis, fresh cannabis, cannabis plants or
cannabis plant seeds by cultivating, propagating and harvesting
cannabis
for the purpose of testing, to obtain cannabis by altering its
chemical or physical properties by any means
sell cannabis
to sell and distribute dried cannabis, fresh cannabis, cannabis
plants and cannabis plant seeds to any of the following:
a holder of a licence for micro-cultivation or standard
cultivation, for processing, for analytical testing, for research,
or a cannabis drug licence;
the Minister;
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest; or
federal or provincial testing laboratories.
to sell and distribute cannabis plants and cannabis plant seeds
to a holder of a licence for a nursery.
to sell and distribute cannabis plants and cannabis plant
seeds, that are cannabis products, to:
a holder of a licence for sale, or
a person authorized to sell cannabis under a provincial Act
that contains specific legislative measures.
to send and deliver cannabis plants and cannabis plant seeds,
that are cannabis products, to the purchaser of the products at the
request of:
a person authorized to sell cannabis under a provincial act
that contains specific legislative measures, or
a holder of a licence for sale.
Licence for
standard cultivation
Licence for a
nursery
possess cannabis
obtain cannabis plants or cannabis plant seeds by cultivating,
propagating and harvesting cannabis
for the purpose of testing, to obtain cannabis by altering its
chemical or physical properties by any means
sell cannabis
to sell and distribute cannabis plants and cannabis plant seeds
to any of the following:
a holder of a licence for cultivation, for processing, for
analytical testing, for research or a cannabis drug licence;
the Minister;
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest; or
federal or provincial testing laboratories.
to sell and distribute cannabis plants and cannabis plant
seeds, that are cannabis products, to the following:
a holder of a licence for sale; or
a person authorized to sell cannabis under a provincial Act
that contains specific legislative measures.
to send and deliver cannabis plants and cannabis plant seeds,
that are cannabis products, to the purchaser of the products at the
request of:
a person authorized to sell cannabis under a provincial Act
that contains specific legislative measures; or
a holder of a licence for sale.
Licence for processing:
Potential
subclass and subclass restrictions (if any)
Potentially
authorized to
Authorized
sales
Licence for
micro-processing
A holder of a licence for micro-processing must not possess, in a
calendar year, cannabis of one or more classes of cannabis —
other than cannabis plants and cannabis plant seeds — that
has been sold or distributed to them the total amount of which, as
determined in accordance with the table to this section, is
equivalent to more than 600 kilograms (kg) of dried cannabis.
possess cannabis
produce cannabis, other than obtain it by synthesis or
cultivating, propagating or harvesting it
sell cannabis
to sell and distribute cannabis to any of the following:
a holder of a licence for processing, for analytical testing,
for research, or a cannabis drug licence;
the Minister;
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest; or
federal or provincial testing laboratories.
to sell and distribute the following cannabis to a holder of a
licence for micro-cultivation or standard cultivation:
dried cannabis, fresh cannabis, cannabis plants and cannabis
plant seeds; or
any cannabis that was obtained or produced for the purpose of
conducting testing that is necessary to determine the chemical
characterization of cannabis.
to sell and distribute the following cannabis to a holder of a
licence for a nursery:
cannabis plants and cannabis plant seeds; or
cannabis that was obtained or produced for the purpose of
conducting testing that is necessary to determine the chemical
characterization of cannabis.
to sell and distribute cannabis products to the
following:
a holder of a licence for sale; or
a person authorized to sell cannabis under a provincial Act
that contains specific legislative measures.
to send and deliver cannabis products to the purchaser of the
products at the request of:
a person authorized to sell cannabis under a provincial Act
that contains specific legislative measures; or
a holder of a licence for sale.
Licence for
standard processing
possess cannabis
produce cannabis, other than obtain it by cultivating,
propagating or harvesting it
sell cannabis
Licence for sale:
Potentially
authorized to
Authorized
sales
possess and sell cannabis products to clients in accordance
with the Regulations
to sell and distribute cannabis products to any of the
following:
to a client or, if applicable, to a named responsible adult in
accordance with the Regulations;
a holder of a licence, other than a licence for
cultivation;
the Minister; or
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest.
to sell and distribute dried cannabis, fresh cannabis, cannabis
plants and cannabis plant seeds, that are cannabis products, to a
holder of a licence for micro-cultivation or standard
cultivation.
to sell and distribute cannabis plants and cannabis plant
seeds, that are cannabis products, to a holder of a licence for a
nursery.
to sell and distribute cannabis products, other than cannabis
plants and cannabis plant seeds, to a hospital employee if the
employee's possession of the cannabis product is for the
purpose of, and in connection with, their duties.
Licence for analytical testing:
Potentially
authorized to
Authorized
sales
possess cannabis
obtain cannabis by altering its chemical or physical properties
by any means
No sale activities are
permitted.
Licence for research:
Potentially
authorized to
Authorized
sales
for the purpose of research, to possess, produce, transport,
send or deliver cannabis between the sites that are set out by the
licence
the sale of cannabis plants and cannabis plant seeds
sale of cannabis plants and plant seeds is authorized to any of
the following:
a holder of a licence for cultivation or a cannabis drug
licence, another holder of a licence for research;
the Minister; or
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest.
Cannabis drug licence:
Potentially
authorized to
Authorized
sales
possess cannabis obtained in accordance with the
Regulations
produce (which does not include obtaining cannabis by
cultivating, propagating or harvesting it) or sell a drug
containing cannabis
may sell or distribute the drug containing cannabis (provided
the drug has been approved by Health Canada) only to:
another holder of a cannabis drug licence;
federal or provincial testing laboratories;
a holder of a research licence or an analytical testing
licence;
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;
a holder of a licence or a licensed dealer, if the drug is sold
or distributed for the purpose of its destruction;
a pharmacist;
a practitioner;
a hospital employee;
a person to which an exemption has been granted by the Minister
when, in the opinion of the Minister, an exemption is necessary for
a medical or scientific purpose or is otherwise in the public
interest; or
the Minister.
SCHEDULE "B"
Current licences under the ACMPR and Narcotics Control Reg
Licence
type
Authorized
activities
Transition to
the class of licence under the Cannabis Regulations
Access to Cannabis for Medical Purposes
Regulation– Licensed
producers
Licensed
producers are authorized for any one or more of the authorized
activities.
The production of fresh
or dried marijuana, or marijuana plants or seeds
Licence for
cultivation
The production of
cannabis oil or cannabis resin
Licence for
processing
The sale of cannabis
plants, seeds, fresh or dried cannabis, or cannabis oil to medical
users, etc.
Licence for sale
Narcotics Control Regulations– Dealer licences
Licensed
dealers are authorized for any one or more of the authorized
activities in respect of cannabis and/or other controlled
substances.
The cultivation of
marijuana for scientific purposes
Licence for
research
The obtaining of
extracts from samples of cannabis for the analysis of
cannabinoids
Licence for analytical
testing
The production, making
or assembly of a test kit containing cannabis
Licence for
processing
The production of
cannabis for the purpose of conducting testing to determine its
chemical characterization
Licence for
processing
The possession, sale or
distribution of a drug containing cannabis
Cannabis drug
licence
The cultivation,
gathering or production of cannabis for scientific purposes
5Controlled Drugs and Substances Act, S.C.
1996, c.19.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.