Cannabis Control and Licensing Transitional Regulation (203/2018)

Cannabis Control and Licensing Act CANNABIS CONTROL AND LICENSING TRANSITIONAL REGULATION B.C. Reg. 203/2018 Deposited October 5, 2018 and effective October 17, 2018 Consolidated Regulations of British Columbia This is an unofficial consolidation. Consolidation current to October 17, 2018 B.C. Reg. 203/2018 (O.C. 541/2018), deposited October 5, 2018 and effective October 17, 2018, is made under the Cannabis Control and Licensing Act, S.B.C. 2018, c. 29, ss. 133, 137 and 139. This is an unofficial consolidation provided for convenience only. This is not a copy prepared for the purposes of the Evidence Act. This consolidation includes any amendments deposited and in force as of the currency date at the bottom of each page. See the end of this regulation for any amendments deposited but not in force as of the currency date. Any amendments deposited after the currency date are listed in the B.C. Regulations Bulletins. All amendments to this regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the Index are available online at www.bclaws.ca. See the User Guide for more information about the Consolidated Regulations of British Columbia. The User Guide and the Consolidated Regulations of British Columbia are available online at www.bclaws.ca. Prepared by: Office of Legislative Counsel Ministry of Attorney General Victoria, B.C. Consolidation current to October 17, 2018 1 Cannabis Control and Licensing Act CANNABIS CONTROL AND LICENSING TRANSITIONAL REGULATION B.C. Reg. 203/2018 Contents 1 Definitions 2 Interpretation of “under the Cannabis Act (Canada)” 3 Possession of cannabis – cumulative quantity 4 Possession of cannabis plants – cumulative quantity 5 Personal growing – non-medical cannabis 6 Personal growing – cumulative quantity for one resident 7 Personal growing – cumulative quantity for 2 or more residents 8 Cannabis delivery 9 Advertisement purporting association with government 10 Offences 11 Penalties Definitions 1 In this regulation: “Act” means the Cannabis Control and Licensing Act; “medical cannabis” has the same meaning as in section 2 of the Cannabis Control Regulation; “proof of authority to possess medical cannabis” has the same meaning as in section 1 of the Cannabis Control Regulation. Interpretation of “under the Cannabis Act (Canada)” 2 In this regulation and in Divisions 1 and 2 of Part 5 of the Act and section 5 (3) (b) of the Cannabis Licensing Regulation, any reference to authority or permission under the Cannabis Act (Canada) to possess medical cannabis or to possess or grow cannabis plants that are medical cannabis includes any such authority or permission under the order of the Federal Court of Canada in Allard v. Canada, 2016 FC 237. Possession of cannabis – cumulative quantity 3 (1) Despite section 52 of the Act, an adult who is carrying proof of authority to possess medical cannabis must not possess in a public place an amount of cannabis that is more than the sum of (a) the maximum amount of medical cannabis that the adult is permitted to possess under the Cannabis Act (Canada), and (b) 30 g of dried cannabis or an amount of cannabis that is equivalent, as determined in accordance with the regulations, to 30 g of dried cannabis. (2) Subsection (1) does not apply to cannabis that is a cannabis plant. Consolidation current to October 17, 2018 B.C. Reg. 203/2018 CANNABIS CONTROL AND LICENSING ACT CANNABIS CONTROL AND LICENSING TRANSITIONAL REGULATION 2 Possession of cannabis plants – cumulative quantity 4 Despite section 53 (1) and (2) of the Act, an adult who is carrying proof of authority to possess medical cannabis must not possess in a public place a number of cannabis plants that is more than the sum of (a) the maximum number of cannabis plants that are medical cannabis that the adult is permitted to possess under the Cannabis Act (Canada), and (b) 4 cannabis plants. Personal growing – non-medical cannabis 5 In section 56 (c) of the Act, the reference to “4 cannabis plants” is to be read as a reference to “4 cannabis plants that are not medical cannabis”. Personal growing – cumulative quantity for one resident 6 For the purposes of section 58 of the Act, it is also a requirement that if the site is a dwelling house at which only one adult ordinarily resides, no more cannabis plants are growing at the site than the sum of (a) the maximum number of cannabis plants that are medical cannabis that the adult is authorized under the Cannabis Act (Canada) to grow at the site, and (b) 4 cannabis plants. Personal growing – cumulative quantity for 2 or more residents 7 In section 58 (d) (ii) of the Act, the reference to “4 cannabis plants, if one or more of the adults is not authorized to grow cannabis plants that are medical cannabis” is to be read as a reference to “4 cannabis plants”. Cannabis delivery 8 Despite section 17 (f) of the Act, an adult who is in lawful possession of cannabis must not deliver the cannabis to another adult for compensation. Advertisement purporting association with government 9 (1) A person, other than the government, must not use any cannabis-related words, phrases, designs, domain names or other branding elements or indicia that could indicate that the person (a) is associated with the government, (b) is exercising a function of the government, or (c) has any authority from the government that the person does not actually have. (2) Subsection (1) does not apply to a licensee and the licensee’s employees and agents, when acting under the authority of the licence. Offences 10 A contravention of either of the following provisions is prescribed to be an offence: Consolidation current to October 17, 2018 CANNABIS CONTROL AND LICENSING ACT B.C. Reg. 203/2018 CANNABIS CONTROL AND LICENSING TRANSITIONAL REGULATION 3 (a) section 8 [cannabis delivery]; (b) section 9 (1) [advertisement purporting association with government]. Penalties 11 A person who commits an offence referred to in section 10 is liable, (a) in the case of a corporation, to a fine of not more than $50 000, (b) in the case of an individual who is a licensee, to a fine of not more than $50 000 or to imprisonment for not more than 6 months, or to both, and (c) in the case of an individual who is not a licensee, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both. Copyright © 2018, Province of British Columbia Consolidation current to October 17, 2018