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Drugs Misuse Act 1986
sec.51What grower licences authorise
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### sec.51 What grower licences authorise
A grower licence authorises the licensee, in accordance with the licence—
to possess industrial cannabis plants and seed; and
to produce industrial cannabis plants and seed from planting seed; and
Planting seed is seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%. However, industrial cannabis plants may have a THC concentration in their leaves and flowering heads of not more than 1%. The difference recognises that the leaves and flowering heads of plants grown using planting seed may have more than 0.5% THC because of environmental conditions beyond a grower’s control.
to supply industrial cannabis seed to—
a researcher; or
a grower; or
a seed handler; or
a person authorised under a regulation under section 48 to possess industrial cannabis seed; and
to possess class A or class B research cannabis seed for use under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and
to produce class A or class B research cannabis plants and seed under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and
to supply to a researcher class A or class B research cannabis plants and seed produced on land owned or leased by the grower as part of a field trial conducted under the supervision of the researcher; and
to supply industrial cannabis seed to—
a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or
a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and
if the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and
to supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and
to supply industrial cannabis plants to a person authorised under a regulation under section 48 to possess industrial cannabis plants.
s 51 orig s 51 ins 2002 No. 35 s 7
amd 2017 No. 7 s 119
om 2018 No. 5 s 119
pres s 51 (orig s 52) om 2000 No. 5 s 461 sch 3
(prev s 52) ins 2002 No. 35 s 7
amd 2006 No. 48 s 24 ; 2017 No. 7 s 120 ; 2018 No. 5 s 120 (1) – (2)
renum 2018 No. 5 s 120 (3)
amd 2024 No. 17 s 125
- (a) to possess industrial cannabis plants and seed; and
- (b) to produce industrial cannabis plants and seed from planting seed; and Note— Planting seed is seed that is, in accordance with a regulation, taken to have been harvested from a cannabis plant with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%. However, industrial cannabis plants may have a THC concentration in their leaves and flowering heads of not more than 1%. The difference recognises that the leaves and flowering heads of plants grown using planting seed may have more than 0.5% THC because of environmental conditions beyond a grower’s control.
- (c) to supply industrial cannabis seed to— (i) a researcher; or (ii) a grower; or (iii) a seed handler; or (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and
- (i) a researcher; or
- (ii) a grower; or
- (iii) a seed handler; or
- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and
- (d) to possess class A or class B research cannabis seed for use under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and
- (e) to produce class A or class B research cannabis plants and seed under the supervision of a researcher, as part of a field trial the researcher is conducting on land owned or leased by the grower; and
- (f) to supply to a researcher class A or class B research cannabis plants and seed produced on land owned or leased by the grower as part of a field trial conducted under the supervision of the researcher; and
- (g) to supply industrial cannabis seed to— (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and
- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or
- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and
- (h) if the licensee holds a licence under the Customs Act 1901 (Cwlth) authorising the licensee to export cannabis—to supply industrial cannabis seed to a person in another country who is authorised under the law of that country to possess the seed; and
- (i) to supply processed cannabis to a person authorised under a regulation under section 48 to possess processed cannabis; and
- (j) to supply industrial cannabis plants to a person authorised under a regulation under section 48 to possess industrial cannabis plants.
- (i) a researcher; or
- (ii) a grower; or
- (iii) a seed handler; or
- (iv) a person authorised under a regulation under section 48 to possess industrial cannabis seed; and
- (i) a person who holds a cannabis research licence or a medicinal cannabis licence under the Narcotic Drugs Act 1967 (Cwlth) ; or
- (ii) a person in another State who is authorised under the law of that State to possess cannabis seed that, if grown, will produce cannabis plants with a THC concentration in their leaves and flowering heads that the person in the other State may possess; and