In Canada, provision is made under the Industrial Hemp Regulations for production of industrial hemp under license. Most activities related to the possession, production and sale or distribution of industrial hemp, including importation and exportation, require a licence. Licences must be obtained before starting any activity that requires a licence. Submission of an application form does not constitute authorization to commence an activity requiring a licence.
List of Approved Cultivars
Section 39(1) of the Industrial Hemp Regulations (IHR), allows a variety of industrial hemp to be designated as an approved cultivar, provided that the variety will produce a plant that will contain 0.3% THC or less in its leaves and flowering heads. Section 39(2) also permits the Minister to exempt an approved cultivar from THC testing. Section 8(1)(g)(i) of the IHR requires that a person who applies for a licence or authorization indicates the approved cultivar that will be sown. The cultivar indicated must be on the list of hemp varieties approved by Health Canada.
Each year, the Interdepartmental Working Group on Hemp Cultivars with participants from OCS (Licences and Permits Division, Regulatory Policy Division), the Canadian Food Inspection Agency-Seed Section, the Canadian Seed Growers' Association, Agriculture and Agri-Food Canada, and the Royal Canadian Mounted Police would review THC test data and recommend the inclusion and exemption of hemp varieties on the List of Approved Cultivars (LOAC) for the current growing season.
The LOAC is published on an annual basis. This list contains information on the varieties of industrial hemp that may be used for commercial cultivation in Canada, and the testing requirements for each variety.
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