33Forfeiture and destruction of hemp and industrial hemp

33 Forfeiture and destruction of hemp and industrial hemp

(1)  If a person is found guilty by a court of an offence under this Act or the regulations, the court may order the forfeiture to the Crown of any hemp or industrial hemp that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control.

(2)  If a licence is revoked, any hemp or industrial hemp in the possession of the former licensee or apparently under the former licensee’s control is forfeited to the Crown.

(3)  Subject to subsection (4) , any hemp or industrial hemp that is forfeited to the Crown under this section is to be destroyed in accordance with the directions of the Secretary.

(4)  The Secretary may, instead of directing the destruction of the hemp or industrial hemp, authorise a person to take possession of the hemp or industrial hemp, on behalf of the Crown or some other person, so that it can be cultivated or supplied for a purpose specified by the Secretary.

(5)  If any hemp or industrial hemp is destroyed under this section, the person referred to in subsection (1) or the former licensee, as the case requires, must pay to the Crown the reasonable costs of the destruction.