Over 100 5 star google reviews from Cannabis lawyer canada

Cannabis Cultivation and Processing Licence Lawyer in Canada

Helping Canadian Businesses Get Licences, Stay Onside And Resolve Their Legal Challenges.

Cannabis cultivation has become a popular business in Canada with the legalization of recreational marijuana in 2018. However, to start a cannabis cultivation business, you need to get a Health Canada cannabis license — that’s the federal department responsible for regulating and overseeing the cannabis industry. This post will discuss obtaining a cannabis cultivation license in Canada and the requirements you must fulfill to become eligible for the license. We will also discuss the cannabis cultivation guidelines Health Canada sets and the Health Canada cannabis cultivation regulations you need to follow once you have obtained the license.

Cannabis Cultivation
Cannabis Cultivation Licence Canada

Cannabis Cultivation Licence: What is it and Why Do You Need it?

A cannabis cultivation license is permission granted by Health Canada that allows you to grow and cultivate cannabis for commercial purposes. It is a legal requirement for anyone who wants to start a cannabis cultivation business in Canada. Without a cannabis cultivation license, you cannot legally grow, harvest, or sell cannabis in the country commercially.

Obtaining a cannabis cultivation license is a rigorous process that involves completing Cannabis cultivation requirements in Canada and submitting an application to Health Canada. This process aims to ensure that the cannabis industry in Canada is regulated and that the cannabis products being sold in the market are safe for consumption.

How to Apply for a Cannabis Cultivation Licence

If you want to get a cannabis cultivation license in Canada, you need to follow the following steps:

  1. Determine your eligibility: The first step in obtaining a cannabis cultivation license is to determine if you are eligible to apply for a cannabis cultivation license. Health Canada has set specific Cannabis cultivation license eligibility criteria to meet to qualify for a cannabis cultivation license. Some of these criteria include the following:
  • Being at least 18 years old
  • Clean criminal record
  • Being financially capable of starting and operating a cannabis cultivation business
  • Expertise and experience in cannabis cultivation
  1. Obtain a security clearance: To obtain a cannabis cultivation license, you must get a security clearance from the Royal Canadian Mounted Police (RCMP). This clearance is necessary to ensure that you have a clean criminal record and that you do not have any criminal ties. To obtain the security clearance, you must fill out the appropriate forms and pay the required fees.
  2. Prepare the application: Once you have determined that you are eligible to apply for a cannabis cultivation license and obtained the necessary security clearance, you can start preparing your application. The Cannabis cultivation license application process involves filling out several forms and providing supporting documentation, such as proof of identity, financial statements, and business plans.
  3. Application submission: Once you have completed and gathered all the necessary documents, you can submit your application to Health Canada. The Cannabis cultivation license application process can be done online or by mail.
  4. Wait for a decision: Health Canada will decide once you have submitted your application. The decision process can take several months and involves a thorough review of your application by the department.
  5. Obtain the license: If your application is approved, you will receive a cannabis cultivation license from Health Canada. The license is valid for a set period, after which you need to renew it.

Canadian Cannabis Cultivation Licence Requirements

To obtain a cannabis cultivation license in Canada, you must meet specific Cannabis cultivation requirements in Canada. These requirements include:

  • Secure facilities: To cultivate cannabis, you must have a secure facility equipped with the necessary infrastructure and equipment. The facility should be located in a safe location and should have measures in place to prevent unauthorized access.
  • Quality assurance person: A quality assurance person on your team ensures that your cannabis products meet the required quality standards. This person should have the necessary knowledge and experience in cannabis cultivation and quality control.
  • Maintaining Good Production Practices (GPP): You need to adhere to the Good Production Practices (GPP) guidelines set by Health Canada. These guidelines outline the requirements for producing, handling, and storing cannabis products.
  • Cannabis Act Compliance: As a cannabis cultivation business, you must comply with the Cannabis Act and all other federal, provincial, and municipal regulations relating to the cannabis industry.

Health Canada Cannabis Cultivation Guidelines

Once you have obtained a cannabis cultivation license in Canada, you must follow the Health Canada cannabis cultivation guidelines to ensure that your business complies with the Health Canada cannabis cultivation regulations. Some of these guidelines include:

  • Record keeping: Keep detailed records of all cannabis cultivation activities, including production, handling, and storage. Keep these records for a minimum of five years.
  • Reporting: Health Canada requires you to report any significant changes to your cannabis cultivation business. It includes changes to your facility, personnel, and activities.
  • Testing: You are required to test your cannabis products to ensure that they meet the required quality standards. You need to submit the test results to Health Canada regularly.
  • Labeling: Cannabis products must be labeled according to the Cannabis Act and the Health Canada cannabis cultivation regulations. There is also information such as the strain, THC and CBD content, and the risks associated with consuming the product.

Types of Cannabis cultivation and processing licences

Standard Cultivation Licence from Health Canada

A Standard Cultivation Licence from Health Canada allows you to cultivate cannabis on a larger scale for commercial purposes. This type of license is suitable for businesses that plan to grow and sell cannabis in bulk to other licensed producers or the recreational market.

To obtain a Standard Cultivation Licence from Health Canada, you need to follow the below steps:

  1. Eligibility: To apply for a Standard Cultivation Licence, you must meet specific Cannabis cultivation license eligibility criteria. A clean criminal record, experience, and knowledge in cannabis cultivation are among the requirements.
  2. Security clearance: An RCMP security clearance is required for Standard Cultivation Licenses (RCMP). Your criminal record and ties to organized crime must be cleared as part of this clearance process.
  3. Prepare the application: Business plans, financial statements, and proof of identity are required for the Standard Cultivation Licence application.
  4. Apply: After you have gathered all the required documents, send your application to Health Canada. You can apply online or by mail.
  5. Get a license: A Standard Cultivation Licence will be issued by Health Canada if your application is approved. After the license expires, you must renew it.

Standard Processing Licence from Health Canada

With a Health Canada Standard Processing Licence, you can process cannabis commercially on a larger scale than a micro. Businesses that intend to process, package and sell cannabis products to other licensed producers or recreational consumers can apply for this type of license.

To obtain a Standard Processing Licence from Health Canada, you must follow the same steps for getting a Standard Cultivation Licence. 

Note: The only difference is that you must provide additional documentation related to your processing activities, such as your manufacturing processes and equipment.

Microcultivation Licence from Health Canada

A Microcultivation Licence from Health Canada allows you to cultivate cannabis on a smaller scale for commercial purposes. This license is suitable for businesses that plan to grow and sell cannabis in smaller quantities to other licensed producers or the recreational market.

Health Canada requires the same steps for obtaining a Microcultivation Licence as a Standard Cultivation Licence.

Note: You must meet additional criteria, such as no more than 200 square meters of cultivation space and no more than 600 kilograms of dried cannabis annually.

Microprocessing Licence from Health Canada

To process cannabis commercially on a smaller scale, you need a Microprocessing Licence from Health Canada. Businesses with this license can manufacture and sell small cannabis products to other licensed producers or recreational customers.

The steps for obtaining a Microprocessing Licence from Health Canada are the same as those for obtaining a Standard Processing Licence. 

Note: Additional Cannabis cultivation requirements in Canada include having a processing area no larger than 200 square meters and producing no more than 600 kilograms of dried cannabis annually.

How to Get a Cannabis Cultivation or Processing Licence in Canada: Tips and Tricks

Cannabis Cultivation and Processing Licence Lawyer in Canada 1
Close up photo of marijuana plants at indoor cannabis farm field. Hemp plants used for CBD and health.

To increase your chances of obtaining a cannabis cultivation license in Canada, you can follow the below tips and tricks:

  • Understand the requirements: Make sure you fully understand the Cannabis cultivation requirements in Canada for obtaining a cannabis cultivation license in Canada. It covers Cannabis cultivation license eligibility criteria, the Cannabis cultivation license application process, and the requirements for operating a cannabis cultivation business.
  • Documentation: Gather all the required documents before applying for a cannabis cultivation license. Among these are proof of identity, financial statements, and business plans.
  • Obtain legal advice: Consider hiring a lawyer with experience in the cannabis industry to help you with the application process. A lawyer can help you navigate the legal requirements and increase your chances of obtaining a cannabis cultivation license.
  • Follow the guidelines: Once you have obtained a cannabis cultivation license, make sure that you follow the Health Canada cannabis cultivation guidelines to ensure that your business complies with the law. Keep records, significant changes reported, and cannabis products tested.

Conclusion

Cannabis cultivation licensing in Canada is a hassle that involves fulfilling a set of Cannabis cultivation requirements in Canada and applying to Health Canada. To increase your chances of obtaining the license, you must fully understand the needs, gather all the necessary documentation, and adhere to Health Canada cannabis cultivation guidelines. Once you have obtained the license, you must ensure compliance with Health Canada cannabis cultivation regulations to avoid legal issues.

Cannabis Cultivation and Processing Licence Lawyer in Canada 2

Cannabis Cultivation Lawyer Harrison Jordan can help you obtain and secure a cannabis cultivation or processing licence with Health Canada. Whether you are looking to obtain a Standard or Micro level licence, him and his law firm based in Toronto, Ontario can help. Call his office today at 647 371 0032 or fill out the form to the right.

Get In Touch With Us Now

We Serve Those In The Following Industries… And More! Cannabis • Psychedelics • Vaping • Liquor • Tobacco • Excise Duty • Food & Drugs • NHPs • Money Services Businesses (MSBs), AML & FINTRAC • Crypto • NFTs.


Contact Our Law Practice Now

Book 30-Min Consultation

Book 60-Min Consultation


NOTE: May include referrals to vetted third party law firms, consultants, and other parties.

Please note we also retain the services of lawyers experienced in different areas on a contract basis.

Our Law Firm is Headed by Lawyer Harrison Jordan

Harrison Jordan, Lawyer at Substance Law