NLR 93/18 - Cannabis Control Regulations under the Cannabis Control Act

NEWFOUNDLAND AND LABRADOR REGULATION 93/18 Cannabis Control Regulations under the Cannabis Control Act (O.C. 2018-209) (Filed October 16, 2018) Under the authority of section 101 of the Cannabis Control Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John's , October 16, 2018. Ann Marie Hann Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Interest on value of cannabis seized 5. Interest on gross profit 6. Products in cannabis store 7. Cultivating, propagating and growing cannabis 8. Commencement Short title 1. These regulations may be cited as the Cannabis Control Regulations . 93/18 s1 Back to Top Definitions 2. In these regulations (a) "Act" means, unless otherwise stated, the Cannabis Control Act ; and (b) "brand element" means brand element as defined in the federal Act. 93/18 s2 Back to Top Application 3. These regulations, unless otherwise stated, do not apply to (a) the distribution, possession, purchase, sale, consumption, cultivation, propagation and growth of cannabis for medical purposes in accordance with the federal Act; (b) industrial hemp as defined in the federal Act; or (c) a drug under the Food and Drugs Act ( Canada ) that contains cannabis. 93/18 s3 Back to Top Interest on value of cannabis seized 4. (1) Where the corporation pays to a person an amount under subsection 51(3) of the Act that is equal to the value of cannabis seized, interest shall be payable on the amount equal to the value of cannabis seized from the date that the person establishes to the satisfaction of the corporation that the cannabis was obtained in accordance with the Act and the regulations and that he, she or it otherwise complies with the Act and regulations to the date of payment. (2) For the purpose of subsection (1), the annual rate of interest is t he rate equal to the prime lending rate of the bank holding the province's general revenue fund as determined and adjusted in accordance with this section. (3) Notwithstanding subsections (1) and (2), interest is not payable to a person where the corporation pays the amount equal to the value of the cannabis seized within 60 days of the date that the person establishes to the satisfaction of the corporation that the cannabis was obtained in accordance with the Act and the regulations and that he, she or it otherwise complies with the Act and regulations. (4) Interest calculated under this section shall be compounded monthly. (5) The interest rate prescribed by this section shall be determined on June 15 and December 15 in each year and (a) the interest rate as determined on June 15 shall apply to the amount equal to the value of the cannabis seized that is owing after June 30; and (b) the interest rate as determined on December 15 shall apply to the amount equal to the value of the cannabis seized that is owing after December 31. (6) Interest shall not be paid under this section where the amount equal to the value of the cannabis seized is less than $100 . (7) Interest shall not be paid under this section where the corporation returns the cannabis seized to a person under subsection 51(3) of the Act. 93/18 s4 Back to Top Interest on gross profit 5. (1) Interest shall be levied upon the gross profit due under subsection 68 of the Act for each month or part of a month from the date it is required to be paid to the date of payment. (2) For the purpose of subsection (1), the annual rate of interest with respect to the gross profit is the rate equal to the sum of (a) the prime lending rate of the bank holding the province's general revenue fund as determined and adjusted in accordance with this section; and (b) 4 percentage points. (3) Interest calculated under this section shall be compounded monthly. (4) The interest rate prescribed by this section shall be determined on June 15 and December 15 in each year and (a) the interest rate as determined on June 15 shall apply to the gross profit that is owing after June 30; and (b) the interest rate as determined on December 15 shall apply to the gross profit that is owing after December 31. (5) Interest shall not be levied for a month in which the total of the following is less than $100: (a) the gross profit due in that month; and (b) any gross profit and interest due from a previous month that is required to be paid but has not been paid. 93/18 s5 Back to Top Products in cannabis store 6. A cannabis store may sell or offer to sell the following products other than cannabis and cannabis accessories: (a) non-alcoholic beverages; and (b) products, other than food, that display a brand element. 93/18 s6 Back to Top Cultivating, propagating and growing cannabis 7. (1) A person who is under 19 years of age shall not cultivate, propagate or grow a cannabis plant. (2) A maximum of 4 cannabis plants that are not authorized under the Cannabis Act ( Canada ) to be cultivated, propagated or grown as medical cannabis may be cultivated, propagated or grown in a dwelling house at any one time. (3) A person shall not cultivate, propagate or grow a cannabis plant in, at or on a place or premises other than in a dwelling house. (4) A person shall not cultivate, propagate or grow a cannabis plant in a dwelling house in which he or she is not ordinarily resident. (5) For the purpose of this section, (a) a person shall not be ordinarily resident in more than one dwelling house at any one time; and (b) "dwelling house" includes a building or an enclosed structure within the curtilage of a dwelling house but does not include the curtilage of the dwelling house. (6) A person who cultivates, propagates or grows a cannabis plant shall take reasonable measures to ensure that the cannabis plant is not accessible to a person who is under 19 years of age. (7) A person shall not cultivate, propagate or grow a cannabis plant where it is visible from a public place without using a device other than a device for the relief or correction of a visual or muscular error or defect of the eye. (8) A person shall not cultivate, propagate or grow a cannabis plant or cultivate, propagate or grow a cannabis plant from cannabis that he or she knows or ought to know is contraband. 93/18 s7 Back to Top Commencement 8. These regulations come into force on October 17, 2018. 93/18 s8