sec.82What happens to cannabis plants if licence cancelled

### sec.82 What happens to cannabis plants if licence cancelled This section applies if— the chief executive cancels a licensee’s licence under section 77 ; and the licensee possesses cannabis plants. If the cannabis plants can not be harvested, the chief executive may destroy the plants in the way the chief executive considers appropriate, including, for example, by ploughing them in or burning them. The plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them. It may be appropriate to burn plants because flooding may prevent the plants being harvested. However, if the cannabis plants can be harvested, the chief executive may— harvest the plants and any seed on the plants; and for industrial cannabis seed— denature the seed; or supply the seed to a seed handler to denature the seed; or supply processed cannabis to a person who may lawfully possess it; and for research cannabis—supply the harvested material to a person who may lawfully possess it. For giving effect to this section, the chief executive may— enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and bring onto the place reasonably necessary help, machinery and other equipment. For subsections (2) to (4) — the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and cannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and if— the cancelled licence was a researcher licence; and under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; the cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee. However, sections 50 (1) (b) and 51 (b) and (e) do not apply to the chief executive, other than to the extent necessary to allow— cannabis plants already growing on land to which the cancelled licence relates; or for cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land; to continue to grow until they can be destroyed or harvested. No compensation is payable by the State because of the cancellation or because of the destruction of cannabis plants or seed under this section. s 82 ins 2002 No. 35 s 7 amd 2010 No. 42 s 37 sch ; 2018 No. 5 ss 109 , 126 (sec.82-ssec.1) This section applies if— the chief executive cancels a licensee’s licence under section 77 ; and the licensee possesses cannabis plants. (sec.82-ssec.2) If the cannabis plants can not be harvested, the chief executive may destroy the plants in the way the chief executive considers appropriate, including, for example, by ploughing them in or burning them. The plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them. It may be appropriate to burn plants because flooding may prevent the plants being harvested. (sec.82-ssec.3) However, if the cannabis plants can be harvested, the chief executive may— harvest the plants and any seed on the plants; and for industrial cannabis seed— denature the seed; or supply the seed to a seed handler to denature the seed; or supply processed cannabis to a person who may lawfully possess it; and for research cannabis—supply the harvested material to a person who may lawfully possess it. (sec.82-ssec.4) For giving effect to this section, the chief executive may— enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and bring onto the place reasonably necessary help, machinery and other equipment. (sec.82-ssec.5) For subsections (2) to (4) — the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and cannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and if— the cancelled licence was a researcher licence; and under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; the cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee. (sec.82-ssec.6) However, sections 50 (1) (b) and 51 (b) and (e) do not apply to the chief executive, other than to the extent necessary to allow— cannabis plants already growing on land to which the cancelled licence relates; or for cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land; to continue to grow until they can be destroyed or harvested. (sec.82-ssec.7) No compensation is payable by the State because of the cancellation or because of the destruction of cannabis plants or seed under this section. - (a) the chief executive cancels a licensee’s licence under section 77 ; and - (b) the licensee possesses cannabis plants. - 1 The plants may be too small to harvest and ploughing them in or burning them may be the most appropriate way of destroying them. - 2 It may be appropriate to burn plants because flooding may prevent the plants being harvested. - (a) harvest the plants and any seed on the plants; and - (b) for industrial cannabis seed— (i) denature the seed; or (ii) supply the seed to a seed handler to denature the seed; or (iii) supply processed cannabis to a person who may lawfully possess it; and - (i) denature the seed; or - (ii) supply the seed to a seed handler to denature the seed; or - (iii) supply processed cannabis to a person who may lawfully possess it; and - (c) for research cannabis—supply the harvested material to a person who may lawfully possess it. - (i) denature the seed; or - (ii) supply the seed to a seed handler to denature the seed; or - (iii) supply processed cannabis to a person who may lawfully possess it; and - (a) enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and - (b) bring onto the place reasonably necessary help, machinery and other equipment. - (a) the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and - (b) cannabis plants in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the former licensee; and - (c) if— (i) the cancelled licence was a researcher licence; and (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; the cannabis plants are taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee. - (i) the cancelled licence was a researcher licence; and - (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; - (i) the cancelled licence was a researcher licence; and - (ii) under the cancelled licence, class A or class B research cannabis is growing on land owned or leased by a grower as part of a field trial conducted under the supervision of a researcher; - (a) cannabis plants already growing on land to which the cancelled licence relates; or - (b) for cannabis plants growing on land owned or leased by a grower, for a former licensee, cannabis plants growing on that land;