Industrial Hemp Regulations

Act: Controlled Drugs and Substances Act, 1996, c. 19.
Regulation: Industrial Hemp Regulations, SOR/98-156

 

To Whom Does This Apply?

Eligible Activities

An industrial hemp licence or authorization is required for all persons in Canada engaged in any of the following activities related to the production of industrial hemp.

Activities

• importation
• exportation
• possession
• production
• sale
• provision
• transport
• sending
• delivering
• offering for sale

A licence is required to produce hemp for fibre. Hhowever, the harvested fibre and mature hemp stalks that are free from leaves, flowers, seeds, or branches are not regulated under the Industrial Hemp Regulation.

Summary

In the 1980s and 1990s, there was increased interest in the cultivation of industrial hemp as a potential source of new jobs in the agricultural and industrial sectors. As well, there was an increased need to develop alternative sources of fibre. With the demand and encouraging research findings, Health Canada has decided to give the agricultural and industrial sectors the opportunity to grow and utilize industrial hemp in a regulated manner. Laws were amended to allow for the cultivation of industrial hemp.

The Industrial Hemp Regulations under the Controlled Drugs and Substances Act (CDSA) came into effect on March 12, 1998. The first licence to grow industrial hemp for commercial purposes was issued on May 8, 1998.

All persons wishing to apply for licences, authorizations or permits should visit the indicated Web pages for more information. Relevant licence and permit application forms can also be obtained from the Web site.

What is Industrial Hemp?

Industrial Hemp refers to plants and plant parts of approved varieties of the Cannabis plant that have a low level of THC (delta-9 tetrahydrocannabinol) in the leaves and flowering heads.

The Regulations define industrial hemp as plant and plant parts of the plant species, cannabis; whose leaves and flowering heads do not contain more than 0.3% THC (delta-9-tetrahydrocannabinol). Derivatives of seed, viable grain and non-viable cannabis seed do not apply to the Industrial Hemp Regulations if they contain no more than 10 µg/g THC.

Points to Consider:

• You must ensure compliance;
• Sampling must be done by authorized sampler;
• THC testing may be required by regulation, or as a condition of licensing;
• You must clean processing and handling equipment thoroughly;
• You must provide adequate security;
• You must report thefts to police and the Bureau of Drug Surveillance;
• You must ensure that both transportation and storage are secure;
• You must purchase seed or viable grain from licensed seed supplier;
• You must only provide Industrial Hemp to licensed parties;
• You must carry out these activities at licensed location only

A person who holds a licence or authorization is required to keep relevant records pertaining to industrial hemp activities for at least 2 years. These records must contain the following information:

• Form and quantity in which industrial hemp purchased or sold;
• Variety of industrial hemp cultivar purchased and sold;
• Quantity of seed of each approved cultivar sown;
• Quantity of seed or viable grain harvested;
• Quantity and source of seed or viable grain of each approved cultivar imported;
• Name of person to whom seed or grain is delivered.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

National Contact(s):
Office of Controlled Substances
Health Canada
A.L. 3503D
123 Slater Street
Ottawa, Ontario  K1A 0K9
Telephone: 613-952-2131
Fax: 613-946-4224
E-mail: OCS-BSC@hc-sc.gc.ca
Web site: http://www.hc-sc.gc.ca/index_e.html