Report a Concern | Cannabis Licensing Authority

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Cannabis Licensing Authority - The Cannabis Licensing Authority (CLA) was established in 2015 with a specific role to establish and regulate Jamaica’s legal ganja and hemp industry.

http://cla.org.jm/about-us About Us | Cannabis Licensing Authority - Overview The Cannabis Licensing Authority (CLA), an agency of the Ministry of Industry, Commerce, Agriculture and Fisheries, was established in 2015 under the Dangerous Drug Amendment Act, (DDA) with a specific role to establish and regulate Jamaica’s legal ganja and hemp industry. more Guiding Principles In regulating this new industry, the Authority is guided by fundamental beliefs that will at all times be reflected in the Regulations developed and the manner in which the Authority operates both in its granting of licences and in how the industry is monitored and Regulations enforced. more Board of CLA The Cannabis Licensing Authority (CLA) was established under the amendments to the Dangerous Drugs Act. Under the first Schedule of the Act, each Ministry of Government with direct links to the ganja industry is represented on the Board. more

http://cla.org.jm/apply-licence Apply for a Licence | Cannabis Licensing Authority - Types of Licences The 2015 amendments to the Dangerous Drugs Act allows you to handle ganja for medical, scientific and therapeutic purposes under a licensing regime. The Regulations therefore allow for the ability to cultivate, transport, process, and sell ganja and ganja products under a regulated licensing regime that includes licences across several categories and types. more Basic Eligibility Criteria The Regulations recently promulgated by the Cannabis Licensing Authority outlines criteria that must be met by applicants. In addition, the Regulations clearly outline persons that cannot apply either as individuals or as Directors as companies. more Application Requirements and Process Applying for a licence to handle ganja is simple. The Cannabis Licensing Authority has deliberately made it easy for persons to become involved in what promises to be an industry of great economic benefit to Jamaica. more Application Forms The Cannabis Licensing Authority (CLA), an agency of the Ministry of Industry, Commerce, Agriculture and Fisheries, was established in 2015 under the Dangerous Drug Amendment Act, (DDA) with a specific role to establish and regulate Jamaica’s legal ganja and hemp industry. more Pre-Licence Inspection Criteria Once you have submitted all the requisite documentation and your application has been processed a determination will be made as to whether the applicant has passed the fit and proper test for a licence. If it has, the application will progress to the next phase of the review process where a pre-licence inspection will take place. more Schedule of Fees There are fees associated with each category type, as well as a non-refundable application processing fee and a security bond payable per licence applied for. The fees, which are all quoted in United States Dollars but are also payable in Jamaican Dollars at the Bank of Jamaica daily prevailing rate, are based on global benchmarks. more Terms and Conditions of the Licence In order to maintain your licence, you must adhere to the general terms and conditions governing the licensing of ganja activities. This is in addition to the specific terms and conditions of the licence that you hold. more

http://cla.org.jm/about/overview Overview | Cannabis Licensing Authority - The Cannabis Licensing Authority (CLA), an agency of the Ministry of Industry, Commerce, Agriculture and Fisheries, was established in 2015 under the Dangerous Drug (Amendment) Act, (DDA) with a specific role to establish and regulate Jamaica’s legal ganja and hemp industry. Our Mandate To create regulations to guide the development of an orderly legal ganja and hemp industry in Jamaica, for the use of the plant and its by-products for medical, therapeutic and scientific purposes. To ensure that regulations created and activities within the industry are in keeping with Jamaica’s international obligations To issue licences, permits and authorisation for the handling of hemp and ganja. The Authority operates a Licensing and Applications Division as well as an Enforcement and Monitoring Division. Working together, these Divisions will ensure that applications are appropriately reviewed and licenses issued to qualified applicants, and that licensees are held accountable in accordance with the terms and conditions of their license.

http://cla.org.jm/about/guiding-principles Guiding Principles | Cannabis Licensing Authority - In regulating this new industry, the Authority is guided by fundamental beliefs that will at all times be reflected in the Regulations developed and the manner in which the Authority operates both in its granting of licences and in how the industry is monitored and Regulations enforced. The main focus of the CLA is to foster the growth, development and orderly regulation of a legal marijuana (ganja) and hemp industry in Jamaica, including the use of the plant and/or derivatives thereof for medical, therapeutic and scientific purposes. This must be done consistent with Jamaica's international treaty obligations regarding the cultivation, production, use and export of narcotic substances. The Dangerous Drug (Amendment) Act (DDA Act) 2015 gives the CLA the power to issue such licences, permits and authorizations, as may be appropriate, for the handling of hemp and marijuana (ganja) for medical, therapeutic or scientific purposes. The CLA does not have jurisdiction over religious use of ganja, but rather this remit falls to the Ministry of Justice. Marijuana (defined as Cannabis sativa with THC levels in excess of 1%) remains an illegal drug in Jamaica, a status which has not been changed under the DDA Act. The CLA recognizes, respects, will actively seek the counsel of and will seek to protect the rights of, persons who have been long standing advocates for and the pioneers in the development of legal marijuana and hemp industries in Jamaica, including small farmers. This is recognized by the representation of these interests on the Board. The CLA recognizes the unique contribution and cultural and historical legacy of Rastafarians to the development of the industry and will work closely with their representatives and the Jamaica Intellectual Property Office (JIPO) in supporting the protection of their cultural identity as the industry develops and grows. This is reinforced by the presence of their representatives on the Board as members of civil society. In guiding the development of the marijuana industry, the CLA will place primary focus on strains and cultivars that are indigenous to Jamaica, for which the country can claim intellectual property rights and can leverage the advantages of its global brand recognition. The CLA is strongly against the use or handling of marijuana by children, teenagers, adolescents and at-risk adults given the well-known and scientifically established potentially negative effects of the drug on physical and mental health. In this regard, the CLA fully subscribes to, endorses and will actively support initiatives of the National Council on Drug Abuse (NCDA) to educate at risk groups about the potential negative effects of the drug. This support is also consistent with Government’s obligations to fund activities of the NCDA and is recognized by a position on its Board being reserved for the NCDA. The CLA is cognizant of parallel frameworks that may need to be developed and implemented to form comprehensive guidelines for the industry. These, however, may fall outside of the remit of the Authority, as stated in the DDA Act, and will be considered if they impact those areas of the industry under the CLA’s regulatory control.

http://cla.org.jm/application/types-licences Types of Licences | Cannabis Licensing Authority - The 2015 amendments to the Dangerous Drugs Act allows you to handle ganja for medical, scientific and therapeutic purposes under a licensing regime. The Regulations therefore allow for the ability to cultivate, transport, process, and sell ganja and ganja products under a regulated licensing regime that includes licences across several categories and types. It should be noted that the current Regulations do not cover the Retail Licences specific to Dispensaries or Pharmacies, as well as licenses pertaining to Import and Export. Type of Licence In keeping with the Regulations, this licence allows you to . . . Cultivator’s Licence ? Tier 1 Cultivate up to 1 acre (4,047 square metres) of land with ganja for medical, scientific and therapeutic purposes. Tier 2 Cultivate between 1 and 5 acres (4,047 – 20, 235 square metres) of land with ganja for medical, scientific and therapeutic purposes. Tier 3 Cultivate over 5 acres (20,235 square metres) of land with ganja for medical, scientific and therapeutic purposes. Processing Licence Tier 1 Process ganja for medical, scientific and therapeutic purposes, including the manufacturing of ganja based products, in a space of up to 200 square metres. Tier 2 Process ganja for medical, scientific and therapeutic purposes, including the manufacturing of ganja based products, in a space of over 200 square metres. Transport Licence - Transport ganja between two licensed premises in an approved motor vehicle. Retail Licence Pharmacy or Dispensary* Sell ganja products for medical, scientific and therapeutic purposes. Herb House Sell ganja products for medical, scientific and therapeutic purposes, with a space for immediate consumption by consumers. Therapeutic Provide therapeutic or spa services utilising ganja products Research and Development Licence Experimental ? Undertakes all activities involved in the assessment, study, research, development and testing of products derived from all or any part of the cannabis plant, including the analytical services for own use. Analytical Services Provide commercial services exclusively for the determination of any or all of the constituents, characteristics, quality or safety parameters of cannabis or cannabis products by accepted and/or accredited methods.

http://cla.org.jm/application/basic-eligibility-criteria Basic Eligibility Criteria | Cannabis Licensing Authority - The Regulations recently promulgated by the Cannabis Licensing Authority outlines criteria that must be met by applicants. Under the regulations, individuals, companies and cooperatives can apply as follows: Individual (for cultivation) must be ‘ordinarily resident’, i.e. living in Jamaica 3 or more years Company must be registered with the Companies Office of Jamaica with ‘substantial’ ownership and control by persons ‘ordinarily resident’ Cooperatives must have proof of registration or application for registration In addition, the Regulations clearly outline persons that cannot apply either as individuals or as Directors as companies: Persons convicted of offences specified in: Schedule 3 of the Criminal Records (Rehabilitation of Offenders) Act, 2014 Sections 92 and 93 of the Proceeds of Crime Act Persons convicted of offences, not included above, under the Dangerous Drugs Act for which 10 years has not passed since the completion on the sentence, and during that time the person has not committed an offence involving violence or dishonesty Persons convicted of other offences, not included above, for which 5 years has not passed since the completion on the sentence and during that time the person has not committed an offence involving violence or dishonesty Any person convicted of a similar offence overseas

http://cla.org.jm/application/process-and-criteria Application Requirements and Process | Cannabis Licensing Authority - Applying for a licence to handle ganja is simple. The Cannabis Licensing Authority has deliberately made it easy for persons to become involved in what promises to be an industry of great economic benefit to Jamaica. See below the simple steps required to gather and submit an application for any licence being issued by the Authority. Licences will be issued in five different categories. The Application Process The application review process will be a multi-layered review comprising the following steps: Application completeness check Due diligence checks Pre-inspection checks The detailed process and expected timelines can be found here. Applications Requirements Complete Application Forms. Each of the following documents must be completed for new and renewal applications: Application for Licence [FORM 1A] Supplemental Information for Licence Application [FORM 1B] Application for Occupational Licences (Group) [FORM 2A] Declaration of Ownership/Change in Directors [FORM 2B] Consent of Owner [FORM 3] Please also note that: If the applicant does not own the property/premises/motor vehicle being licensed, Form 3 “Consent of Owner Form” will also be required A separate set of application forms is required for each license being applied for. Use multiple copies of Form 2A and 2B if necessary NB. Hard copy forms are also available at the Cannabis Licensing Authority, 18 Trafalgar Road, Kingston 10 Gather all Supporting Documents: In addition to the above, the following documents must also be submitted: Tax Compliance Certificate Land Title or documents granting authority to access or use of the property for growing ganja Official Police Records – for Owner or all Directors, as well as for each employee Survey diagram of property and/or premises showing all distinct areas (with dimensions and partitions), including – but not limited to – entrance/exits, receival/loading areas and storage areas. Diagram does not have to be drawn to scale and should be on a single 8 ½ x 11 (letter-sized) paper. For Businesses/Companies/Cooperatives: Constituent Documents (e.g. Articles of Incorporation, Partnership Agreement, etc.) Certificate of Registration Evidence of Application (in the case of an Application under the Cooperative or Friendly Societies Act, not yet approved) For Cultivator Applicants: Letter of Agreement from prospective purchaser of raw material (if available) Passport-sized photo (certified by a Justice of the Peace) Copies of two (2) Government issued Identification Please also note that: Please also note any additional documents requested on any of the relevant Application Forms. Only originals of the Police Record(s) will be accepted All copied documents submitted must be certified by a Justice of the Peace. Submit your Application. All completed application forms and all supporting documents must be placed in a single sealed envelope and delivered to: Licensing and Applications Division Cannabis Licensing Authority 18 Trafalgar Road Kingston 10 Await Feedback from the Cannabis Licensing Authority. The Authority will review your application for completeness and will notify you of any additional information that may be required. All applicants are required to pay a Non-Refundable Processing Fee (per license being applied for). The Application Processing Fee is US$300 for individuals and US$500 for all others. Do NOT pay this fee until you are advised by the Authority to provide proof of payment.

http://cla.org.jm/application/schedule-fees Schedule of Fees | Cannabis Licensing Authority - There are fees associated with each category type, as well as a non-refundable application processing fee and a security bond payable per licence applied for. The fees, which are all quoted in United States Dollars but are also payable in Jamaican Dollars at the Bank of Jamaica daily prevailing rate, are based on global benchmarks. Type of Fee Type of Licence Annual Licence Fee Application Processing Fees (Non-Refundable; Payable after application is reviewed for completeness) Individual US$300 (Fee per application) Company, Business or Cooperative US$500 (Fee per application) Licence Fees (Non-Refundable; Payable when Licence is Approved) Cultivator's Licence Tier 1 US$2,000 Tier 2 US$2,500 per acre Tier 3 US$3,000 per acre Processing Licence Tier 1 US$3,500 Tier 2 US$10,000 Transport Licence - US$10,000 for the first vehicle and US$1,000 for each additional vehicle Retail Licence Herb House US$2,500 Therapeutic US$2,500 Research and Development Licence Experimental US$5,000 Analytical Services US$5,000 Security Bond (Refundable) (Payable when Licence is Approved) Cultivator's Licence Tier 1 US$2,000 Tier 2 and 3 US$3,000 per acre Processing Licence - US$3,000 Research and Development Licence - US$3,000

http://cla.org.jm/application/pre-licence-inspection-criteria Pre-Licence Inspection Criteria | Cannabis Licensing Authority - Once you have submitted all the requisite documentation and your application has been processed a determination will be made as to whether the applicant has passed the fit and proper test for a licence. If it has, the application will progress to the next phase of the review process where a pre-licence inspection will take place. Below are the criteria for this phase of the review process, which is determined by the type of licence. Cultivator’s Licence As regards the cultivation site used to cultivate ganja, the following are required; Off-site surveillance of the proposed cultivation site, whether by electronic means of otherwise Site cannot be situated within six hundred metres of any school. Site must have defined boundaries and ownership clearly established Use of the site for cultivation cannot be inconsistent with the Natural Resource Conservation Authority Act or any action taken by the National Environmental Planning Agency If cultivation is being done on a site greater than 1 acre (i.e. Tier 2 and 3), the Authority must be provided with a draft security contract that includes provisions for: Off-site web enabled electronic surveillance; Regular physical inspections and written reports thereon; and A panic alarm system tied to a base operation that is operated by a security company that is included on a list of approved security companies published by the Authority. A proposal for the implementation of a system to monitor, track and trace all ganja cultivated on the cultivation site Prior to the issuance of a licence, the cultivation site shall be inspected by an authorized individual and the following shall take place – Photos shall be taken of the site; The site shall be traversed to establish boundaries; The site must have the ability to be secured and have sufficient parking for vehicles to park and for the purpose of loading ganja The site must be accessible by road The site must have an area for each aspect of the cultivation process [plant nursery, planting area, drying area] Processor’s Licence The Applicant must: Satisfy all requirements under the Food and Drugs Act and the Standards Act Be registered with the Bureaus of Standards, the Ministry responsible for Heath and the Ministry responsible for Labour Use of the site for cultivation cannot be inconsistent with the Natural Resource Conservation Authority Act or any action taken by the National Environmental Planning Agency The site must possess: A secure area for receiving ganja An electronic surveillance system for off-site monitoring, which captures all access points to the premises, An enclosed building that has: Clearly defined areas for receiving, storing, and processing ganja Entrances and exits that are the subject of strict access control systems and monitoring procedures A logged access control system which includes additional security mechanism for areas designated for storage of ganja and access to those storage areas is limited to the smallest number of persons Adequately staffed designated security posts. Transportation Licence Proof that the applicant owns the vehicle or proof that the applicant has the written agreement of the owner of the vehicle to transport ganja Proof of valid registration Proof of valid carrier’s insurance at such minimum value so as to be fixed by the Authority by notice in writing from time to time The vehicle to be used must be licenced and fit for the purpose of transporting ganja, i.e. properly ventilated and equipped so as to allow tracking by a Global Positioning System Retail Licence The location must be inspected to verify that those premises are physically secure and otherwise fit for the purposes of the licence The location must possess: A clearly designated area for receiving, storing and processing ganja, Strict systems limiting access to ganja on the premises so as to ensure compliance with the Regulations Camera systems in place to monitor all activities on the premises with respect to the handling of ganja In the case of a herb house license, adequate ventilation Research and Development Licence The Authority must satisfy itself that the Applicant is duly qualified to provide the requisite analytical services the Applicant proposes to perform The Authority must also satisfy itself that the Applicant is duly qualified to provide the proposed research and development the Applicant proposes to perform

http://cla.org.jm/application/terms-and-condition-licences Terms and Conditions of Licences | Cannabis Licensing Authority - In order to maintain your licence, you must adhere to the general terms and conditions governing the licensing of ganja activities. This is in addition to the specific terms and conditions of the licence that you hold. Where there is a breach in the terms and conditions the CLA may: Suspend a licence Revoke a licence Prevent a licensee from re-applying for a specified period Forfeit the licensee’s security Other appropriate action These terms and conditions are outlined below. All Licences Prominent display of the certificate of licence or certified copy at the premises where the licenced activity is taking place All new employees must obtain prior approval of the Authority Weekly reconciliation of all ganja sold, purchased and/or disposed of Disposal of any waste product must obtain prior approval of the Authority and the packaged/disposed as directed by the Authority Full accounting of all transactions undertaken Full disclosure on all persons that handle ganja or its products Log of all persons entering and leaving the premises Any codes of practice adopted by the Authority Cultivator’s Licence A tri-partite purchase/sale agreement must be entered into among the cultivator, the purchaser and the Authority for each crop allowing for the Authority to purchase the crop for immediate sale to the purchaser Cultivation cannot exceed the maximum quantity of ganja specified on the licence Each ganja plant must be tagged with a unique identifier Intermittent reports on ongoing activities taking place on the premises – weekly for Tier 1 and every two days for Tiers 2 and 3. In the event of ‘exceptional events’, this report must be submitted with 24 hours. Reports may also be requested by the Authority as t their discretion. Observation of directives given by the Pesticides Control Authority Observation of directives given by Authority for the disposal of ganja cultivated in excess of amount permitted by the licence In respect of harvesting: The Authority must be advised 14 days in advance of harvesting An agent of the Authority must be on-site for harvesting and bagging of all harvested and/or undried/uncured ganja The harvested ganja to be sold undried/uncured must be bagged and handed over to the Authority upon harvesting, or with approval of the Authority, within 21 days of harvesting Any drying and curing of the ganja after harvesting must not exceed 21 days If an agreement falls through with a buyer, the cultivator may hold the ganja for up to six weeks before handing over to the Authority. This must be in conformity to instructions provided by the Authority Processor’s Licence Production must be in conformity to the relevant standards and intellectual property laws, including, but not limited to: the Food and Drugs Act the Standards Act the Patents Act Transportation Licence Prior to transportation of the ganja, the route(s) to be taken must be logged. Any diversion must be immediately reported. A log will be kept by the Authority in respect of both the route and any necessary diversions. Access to real-time tracking of the vehicle must be given to the Authority Ganja will be stored on a secure compartment that is sealed and checked upon delivery The Authority reserves the right to assign an agent to accompany the vehicle Transportation must only take place during the hours of 5 am and 6 pm A log of all persons that have access to the vehicle must be kept Retail Licence A log must be kept of all transactions bought, delivered and sold by the licensee Ensure that the premises is secure and fit for the activities: Secure areas for receiving and storing ganja and ganja products Strict systems limited the access to areas where ganja is stored and a log of all persons that enter this area Camera systems in place to monitor activities In the case of a herb house, adequate ventilation

http://cla.org.jm/report-concern Report a Concern | Cannabis Licensing Authority - Have you seen or heard about suspicious or unlawful activity related to the handling of ganja? Do you know of any illegal ganja activity? The form below allows you to submit information confidentially to the Cannabis Licensing Authority that you think may be useful in our efforts to stop illegal ganja trade.

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