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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 62 Application for authority to cultivate and process low-THC cannabis

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 62

Application for authority to cultivate and process low-THC cannabis

S. 62(1) substituted by No. 22/2022 s. 56(1).

    (1)     A person may apply to the Secretary for an authority authorising that person, for commercial or research purposes relating to non-therapeutic use, to do one or more of the following—

        (a)     to possess, process, sell or supply cannabis seed which has been harvested from low-THC cannabis;

        (b)     to cultivate and possess low-THC cannabis which has been grown from seed which has been harvested from cannabis, where the leaves and flowering heads of the cannabis from which the seed has been harvested do not contain tetrahydrocannabinol in excess of 0·5 per cent;

        (c)     to possess, process, sell or supply low‑THC cannabis which is substantially free of leaves and flowering heads.

    (2)     An application under subsection (1) must—

        (a)     be in writing; and

S. 62(2)(b) amended by No. 22/2022 s. 56(2)(a).

        (b)     be accompanied by the prescribed application fee; and

S. 62(2)(c) inserted by No. 22/2022 s. 56(2)(b).

        (c)     include any prescribed information.

    (3)     An application under subsection (1) must contain or be accompanied by evidence to the satisfaction of the Secretary that—

        (a)     the applicant is a fit and proper person to be given an authority;

        (b)     the applicant intends to undertake bona fide research or commercial activity relating to the non-therapeutic use of cannabis under the authority including—

              (i)     in the case of research, evidence that the research would be conducted by a person with appropriate scientific training using appropriate methodology; or

              (ii)     in the case of commercial activity, evidence of the commercial activity to be carried out.

    (4)     An applicant must provide any other information about the applicant or the application which the Secretary reasonably requires.

New  s. 63 inserted by No. 54/1997 s. 5.