Cannabis Regulations

Marginal note:Exemption — storage area

• 78 (1) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if

  • (a) immediately before the day on which these Regulations come into force, the holder was, in respect of the site,

    • (i) licensed under Part 1 of the former Access to Cannabis for Medical Purposes Regulations,

    • (ii) in compliance with their obligations under sections 57 to 60 and 62 of those Regulations, and

    • (iii) securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances), as amended in December 1999 and published by the Government of Canada on its website; and

  • (b) the holder has, since the day on which these Regulations come into force, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (a)(iii) .

• Marginal note:Exemption — application under former Regulations

  (2) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if

  • (a) the holder had, before the day on which these Regulations come into force, submitted an application under section 33 of the former Access to Cannabis for Medical Purposes Regulations in respect of the same site;

  • (b) the application referred to in paragraph (a) was, by virtue of subsection 158(9) of the Act, deemed to be an application for a licence made under section 62 of the Act;

  • (c) the Minister issued a licence under section 62 of the Act on the basis of the deemed application; and

  • (d) the holder has, since the licence referred to in paragraph (c) was issued, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (1)(a)(iii).

• Marginal note:Interpretation

  (3) For the purposes of paragraphs (1)(b) and (2)(d), a reference in the Directive to a term set out in column 1 of the table to this subsection is deemed to be a reference to the corresponding term set out in column 2.

  	Column 1	Column 2
  Item	Term used in the Directive	Corresponding term
  1	Controlled substance	Cannabis
  2	Licensed dealer / licenced dealer	Holder of a licence
  3	Cannabis Sativa, its preparations, derivatives and similar synthetic preparations except Nabilone	Cannabis
  4	Office of Controlled Substances, Therapeutic Products Programme	Health Canada
  5	Office	Health Canada

• Marginal note:Exemption — cannabis drug licence

  (4) The holder of a cannabis drug licence is exempt from the application of this Part in respect of the site set out in the licence if they are securely storing cannabis in accordance with the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website.