Cannabis Legalisation and Control Bill (New Zealand 2020 Referendum)

The overarching objective is to reduce the harms associated with cannabis use experienced by individuals, families, whānau, and communities in New Zealand. The harm-reduction objective is reflected in measures to— • raise public... Read more
The overarching objective is to reduce the harms associated with cannabis use experienced by individuals, families, whānau, and communities in New Zealand. The harm-reduction objective is reflected in measures to— • raise public awareness of the risks associated with cannabis consumption and improve access to health and other relevant support services; and 
 • restrict young people’s access to cannabis and limit public visibility to cannabis; and 
 • provide access to a legal and quality-controlled supply of cannabis for adults (aged 20 years and over) who choose to consume cannabis; and 
 • place controls on the potency and content of licensed cannabis and regulate the whole supply chain to deter the illegal supply of cannabis; and 
 • provide for the limited home-growing of cannabis for personal use; and 
 • encourage compliance with the legislation and ensure that responses to breaches are proportionate and incorporate a focus on reducing overall harms. 
The purchase, possession, and consumption of cannabis will remain illegal for people aged 19 years and under. 
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Wellington, Wellington ( )
May 5, 2020

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6.4

Andrew Little

Minister of Justice
6th/ 20 in Cannabis Regulations
April 26, 2020

10 Cannabis Regulatory Authority established - This section establishes the Cannabis Regulatory Authority in the Public Service.

11 Main objective of Authority(1) The main... Read more

April 26, 2020

10 Cannabis Regulatory Authority established - This section establishes the Cannabis Regulatory Authority in the Public Service.

11 Main objective of Authority(1) The main objective of the Authority is to oversee regulation of the supply and use of cannabis in New Zealand in a way that promotes the well-being of New Zealanders; and reduces the multiple harms associated with cannabis use; and reduces the overall use of cannabis over time. (2) When performing its functions under this Act, the Authority must act in a way that furthers this objective. (3) The Authority must operate in a way that allows it to develop meaningful relationships with iwi and Māori representatives with appropriate expertise to give effect to the required functions.

12 Functions The Authority will co-operate with any other law enforcement, regulatory, or statutory agency to perform the following functions, including (without limitation):

(a) establishing and monitoring the cannabis cultivation cap in accordance with section 22; and

(b) licensing and authorising controlled activities in the cannabis supply chain; and

(c) setting the criteria and conditions for licences and authorisations for controlled activities; and

(d) setting limits on the allowable levels of THC and other substances in cannabis and cannabis products; and

(e) monitoring and enforcing compliance with licence and authorisation conditions and criteria, including requirements for cannabis products to meet production, testing, and labelling standards, quality controls, and restrictions on the operations of retailers and consumption premises; and

(f) implementing decisions made in appeals from decisions of the Authority and the appeals authority; and

(g) administering and collecting excise taxes, levies, and fees charged as part of the cannabis regulatory regime; and

(h) monitoring and enforcing compliance with legislation and regulations permitting the private cultivation (home-growing) of cannabis and provisions relating to the possession and use of cannabis; and

(i) developing good practice guidelines for individuals who choose to grow cannabis at home in accordance with legislative and regulatory provisions; and

(j) conducting (directly or indirectly) public education campaigns to—

(i) raise public awareness of the harms associated with cannabis use, including harms presented to children and young people by second-hand cannabis emissions, and promote responsible use and help-seeking behaviours; and raise public awareness of the law under this Act governing cannabis use in New Zealand, including what activities the law permits, restricts, and prohibits, and the effects of not complying with the Act; and

(k) collecting and analysing data and reporting on the dynamics of the sup- ply and demand for, and use of, cannabis in New Zealand, to ensure the regulatory regime is meeting its objectives; and

(l) promoting and supporting research focused on understanding and reporting on cannabis use in New Zealand and informing evidence-based approaches to preventative and harm-reduction activities; and

(m) regulating cannabis production and marketing; and

(n) regulating cannabis accessories and certain substances added to cannabis; and

(o) facilitating a whole of government approach to addressing non-compliance that is health based and focused on harm reduction, in particular in relation to young people.

13 Authority must prepare and publish national plan (1) The Authority must, not later than 6 months after the commencement of this Act, prepare and publish a national plan setting out how it will give effect to its main objective and the purposes of this Act.

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6.4

Andrew Little

Minister of Justice
6th/ 20 in Cannabis Regulations
April 26, 2020

22 Cannabis cultivation cap (1) The Authority must set an annual cultivation cap by notice in the Gazette after having regard to the purposes of this Act and the objectives and functions of the Authority.  (2) The annual cultivation... Read more

April 26, 2020

22 Cannabis cultivation cap (1) The Authority must set an annual cultivation cap by notice in the Gazette after having regard to the purposes of this Act and the objectives and functions of the Authority.  (2) The annual cultivation cap sets the total quantity of dried cannabis (or its equivalent) for sale or supply by holders of a cannabis production licence with a cultivation activity authorisation or a micro-cultivation activity authorisation to holders of a cannabis production licence with a processing activity authorisation...(4) The Authority must, when it sets an annual cultivation cap, determine which share of the cap will be allocated amongst holders of a cannabis production licence with a cultivation activity authorisation and which share will be allocated amongst holders of a cannabis production licence with a micro-cultivation activity authorisation.

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6.4

Andrew Little

Minister of Justice
6th/ 20 in Cannabis Regulations
April 26, 2020

157 Advertising cannabis products - (1) No person may, unless exempted under section 158 or 159, publish in New Zealand, or arrange for any other person to publish in New Zealand, a cannabis product advertisement.

(2) A notice or sign must... Read more

April 26, 2020

157 Advertising cannabis products - (1) No person may, unless exempted under section 158 or 159, publish in New Zealand, or arrange for any other person to publish in New Zealand, a cannabis product advertisement.

(2) A notice or sign must be treated as a cannabis product advertisement if the notice or sign— (a) communicates information that is or includes cannabis product health information or warnings, cannabis product purchase age information or warnings, or both; and (b) is displayed inside or at the outside of the place of business of a person who offers cannabis products for sale (whether by retail or wholesale); and (c) is not required or permitted by this Act, regulations under this Act, or both.

(3) A message must be treated as a cannabis product advertisement if the message—(a) communicates information that is or includes cannabis product health information or warnings, cannabis product purchase age information or warnings, or both; and (b) is not required or permitted by this Act, regulations under this Act, or both.

(5) Every person who contravenes subsection (1) commits an offence and is liable on conviction to,—

(a) in the case of a processor, an importer, or a distributor, a fine not exceeding $720,000:

(b) in the case of a licence holder (other than the holder of a micro-cultivation licence), a fine not exceeding $240,000:

(c) in the case of a holder of a micro-cultivation licence, a fine not exceeding $60,000:

(d) in any other case, to a fine not exceeding $60,000.

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Supporting info

Cannabis Referendum Order 2020

2020/04/23 - New Zealand Parliament