What do the new Regulations passed by the SKNMCA allow for?
The Regulations promulgated by the Cannabis Licensing Authority in 2021 allows for the handling of Cannabis to be done under a licensing regime.
Where do I get a licence to handle Cannabis?
You may apply for specific types of licences from the Medicinal Cannabis Authority.
What types of licences are available?
There are nine categories of licences with 11 sub-categories. Details on the types of licences and what they can allow can be found here.
Can anyone apply for a licence?
The Regulations allow for certain persons or entities to be eligible to apply for licenses. Information on this eligibility can be found here
Will I be allowed to have multiple licences?
You may apply for, and receive, more than one type of licence. Careful consideration will be given to such applications, and all relevant fees will be applicable.
Where can I get a copy of the official regulations?
The Cannabis Licensing Regulations, 2021 may be found here.
Are there any incentives from the Government for this industry?
How does the Authority define "fit and proper"?
Pursuant to Paragraph 3 of our regulations,the factors which the Authority may take into account in deciding whether a person is fit and proper for the purposes of this regulation are :
- whether the person is of good repute, having regards to the matters concerning the person's character, honesty and personal and professional integrity
- whether the person has the necessary skills and experience to fulfill their obligations as a licensee;
- whether the person has sound and stable sources of financing or is in financial circumstances which may limit the person's capacity to fulfill their obligations as a licensee;
- the person's history of compliance with this Act; and
- where the application is not a natural person, whether the factors specified in this paragraph are met by the persons in effective control of the operations of the applicant.
What documents are required in submitting my application
Application Forms as well as a listing of required documentation may be found here.
Do I need to submit all of the application forms?
All the forms will be required except in the case of the Consent By Property Owner to Utilise Property for Cannabis (Form 3), which is not required if the property is owned by the applicant. The sections of the forms that you need to complete will depend on the type of licence you want to apply for.
In addition to the application forms and supporting documents, what else will be taken into account in reviewing my application?
A pre-licence inspection is a standard part of the application process. There are specific requirements that must be met, for which the details on these can be found here.
Importantly, it should be noted that the inspection takes place after the initial review of the application. It is advised that applicants wait to ascertain whether they have met the initial criteria for licences based on the review of the application and the due diligence process before they expend resources to meet the pre-inspection criteria.
What is the process for the reviewing of applications and what timelines can I expect?
The processing of application is an intensive process given the level of checks that must be done to establish the bona fides of an applicant and whether they are fit and proper to hold a licence. The process can be found here along with the timelines for each step in the process.
What options do I have if my application is denied?
The cannabis act of 2020, allows for an appeal process that will be managed independently of the Cannabis Licensing Authority. An appeal tribunal has been constituted through regulations made by the Minister of Justice. If your application is denied, the notification from the Authority will advise on the appeals process.