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Cannabis Act (S.C. 2018, c. 16)

PART 12 Transitional Provisions and Related, Consequential and Coordinating Amendments (continued)

Transitional Provisions (continued)

159 (1) Subject to regulations made under subsection 161(1), the following apply in respect of every licence that was issued under section 9.2 of the Narcotic Control Regulations and that is in force immediately before the commencement day:

(a) if the licence applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(b) if the licence applies, directly or indirectly, to cannabis and to any , as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Marginal note: Permits

(2) Subject to regulations made under subsection 161(1), the following apply in respect of every permit issued under section 10 of the Narcotic Control Regulations that is in force immediately before the commencement day:

(a) if the permit applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(b) if the permit applies, directly or indirectly, to cannabis and to any , as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Marginal note: Regulatory conditions

(3) Subject to regulations made under subsection 161(1), every licence or permit that is continued under subsection (1) or (2) is subject to the conditions set out in regulations made under paragraph 139(1)(g).

Marginal note: Licences — section 67

(4) Subject to regulations made under subsection 161(1), the following apply in respect of every licence that was issued under section 67 of the Narcotic Control Regulations and that is in force immediately before the commencement day:

(a) if the licence applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(b) if the licence applies, directly or indirectly, to cannabis and to opium poppy, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Marginal note: Applications for licences and permits

(5) Subject to regulations made under subsection 161(1), the following apply in respect of every application for a licence under section 9.2 or 67 of the Narcotic Control Regulations or for a permit under section 10 of those Regulations in respect of which no final decision has been made before the commencement day:

(a) if the application relates solely to cannabis, it is deemed to be an application made under section 62 of this Act; and

(b) if the application relates, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to the cannabis, to be an application made under section 62 of this Act.

Marginal note: Test kit registration numbers

(6) Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day provide for the issuance of registration numbers for test kits that contain cannabis,

(a) every registration number issued under section 6 of the Narcotic Control Regulations before the commencement day that applied to such a test kit is deemed to be a registration number issued under those regulations made under subsection 139(1) until it is cancelled; and

(b) every application for a registration number for a test kit that contains cannabis under section 6 of those Regulations in respect of which no final decision has been made before the commencement day is deemed to be an application for a registration number.

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Marginal note: Industrial Hemp Regulations — licences and authorizations

160 (1) Subject to regulations made under subsection 161(1), every licence or authorization issued under section 9 of the Industrial Hemp Regulations that is in force immediately before the commencement day is deemed to be a licence issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Marginal note: Import and export permits

(2) Subject to regulations made under subsection 161(1), every permit issued under section 22 or 27 of the Industrial Hemp Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Marginal note: Regulatory conditions

(3) Subject to regulations made under subsection 161(1), every licence, authorization or permit that is continued under subsection (1) or (2) is subject to the conditions set out in regulations made under paragraph 139(1)(g).

Marginal note: Applications

(4) Subject to regulations made under subsection 161(1), every application for a licence or authorization under section 9 of the Industrial Hemp Regulations , or for a permit under section 22 or 27 of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application for a licence or a permit, as the case may be, made under section 62 of this Act.

Marginal note: Approved cultivars

(5) Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to approved cultivars, every variety of , as defined in section 1 of the Industrial Hemp Regulations , that immediately before the commencement day is an approved cultivar for a region by reason of a designation made under subsection 39(1) of the Industrial Hemp Regulations is deemed to be an approved cultivar under the regulations made under subsection 139(1).

Marginal note: Definitions

160.1 (1) The following definitions apply in this section.

means , and , as those terms are defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations , and marihuana plants or seeds, within the meaning of those Regulations. ( cannabis )

means a , as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations , who holds a licence that has not been suspended under section 43 of those Regulations. ( producteur autorisé )

has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act . ( fournir )

has the same meaning as in subsection 2(1) of the Controlled Drugs and Substances Act . ( vente )

Marginal note: Licensed producers

(2) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, a licensed producer may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act , sell, provide, send or deliver cannabis to a person authorized under subsection (5), transport cannabis for the purpose of selling, providing, sending or delivering it to such a person or offer to perform any of those activities.

Marginal note: Conditions

(3) A licensed producer may perform an activity under subsection (2) only if the activity is

(a) performed in respect of fresh marihuana, dried marihuana, cannabis oil and marihuana plants or seeds that are cannabis and that are indicated in their licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations ; and

(b) authorized under their licence.

Marginal note: Non-application

(4) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, paragraphs 18(1)(b) and 19(1)(b) of the Access to Cannabis for Medical Purposes Regulations do not apply to a licensed producer acting under subsection (2).

Marginal note: Provincial authorization

(5) During the period that begins on the day on which this section comes into force and that ends on the day on which subsection 204(1) comes into force, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act , a person may, if a province authorizes them to do so and subject to subsection (6), possess, sell, provide, send, deliver or transport cannabis or offer to perform any of those activities.

Marginal note: Conditions

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(6) Subsection (5) applies only if the person meets the following conditions:

(a) they possess or sell only cannabis that has been sold or provided to them by a licensed producer under subsection (2) or by a person authorized under subsection (5) to sell, provide, send, deliver or transport cannabis;

(b) they sell, provide, send or deliver cannabis — or transport it for the purpose of selling, providing, sending or delivering it — only

(i) to a person authorized under subsection (5), or

(ii) for the purpose of testing, to a licensed producer or a , as defined in subsection 2(1) of the Narcotic Control Regulations , who holds a licence in respect of cannabis;

(c) they keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and

(d) they take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.

Marginal note: Non-application

(7) Subsection 8(1) of the Narcotic Control Regulations does not apply to:

(a) a licensed producer acting under subsection (2) in respect of the production, making or assembly of cannabis; or

(b) a licensed producer acting under subsection (2) or a person authorized to sell or provide cannabis under subsection (5) in respect of the sale, provision, transport, sending or delivery of cannabis.

Marginal note: Employee or agent or mandatary

(8) Every employee or agent or mandatary of a person that is authorized to perform or to offer to perform an activity under this section may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act , perform or offer to perform that activity if they do so as part of their employment duties and functions or their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their employer’s or principal’s or mandator’s authorization, as the case may be.

Marginal note: Contractor

(9) Every person who is acting under a contract with a person that is authorized to perform or to offer to perform an activity under this section — other than an employee or an agent or mandatary of the authorized person — may, despite the prohibitions set out in sections 4, 5, 7 and 7.1 of the Controlled Drugs and Substances Act , perform or offer to perform that activity if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

Marginal note: For greater certainty

(10) For greater certainty, this section does not authorize the retail sale of cannabis.

Marginal note: Regulations

161 (1) The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any transitional matter arising from the coming into force of any provision of this Act.

Marginal note: Retroactive effect

(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

Related Amendments

Non-smokers’ Health Act

162 [Amendments]

163 [Amendment]

163.1 [Amendment]

164 [Repealed before coming into force, 2018, c. 16, s. 189]

Bureau of Customs Passenger Guidelines

To ensure smooth Customs clearance, please read these guidelines thoroughly.

All persons and baggage are subject to a search at any time. (Sections 2210 & 2212, Customs Law)

General Provisions

All articles, when imported from any foreign country into the Philippines, shall be subject to duty and tax upon each importation, even though previously exported from the Philippines, except as otherwise specifically provided in the Customs Code or in other laws. (Section 100, TCCP)

Prohibited and Regulated Articles

The unlawful importation of prohibited articles (i.e. marijuana, cocaine or any other narcotics or synthetic drugs, firearms and explosives and parts thereof, gun replicas, obscene or immoral articles, adulterated or misbranded articles of food or drugs, gambling outfits and paraphernalia, used clothing and rags – R.A. 4653, elephant / ivory tusk products) or those which violate the Intellectual Property Rights Code, R.A. 8293 (i.e., DVDs, VCDs, other imitation products) and regulated items (i.e., transceivers, controlled chemicals / substances / precursors) regardless of quantity constitute a violation of Philippine Customs Laws and may subject you to criminal procesuctions and / or fines and penalties.

Agriculture and Quarantine Regulations

Agriculture quarantine restricts the entry of animals, fish and plant produts or their by-products (such as meat, eggs, birds, fruits, etc.). Transport of endangered species and their by-products is also restricted / prohibited by CITES / DENR regulations. Likewise, export of such products / by-products must be referred to quarantine officers to ensure compliance with Philippine regulations and requirements of country of destination. Failure to obtain prior import and / or export permit from the Philippine Department of Agriculture together with corresponding health sanitary or phytosanitary certificate from country of origin and to declare the same may result to seizure, fines and / or penalties.

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Regulated Articles That Require Import Permit / Clearances:

Articles that need import / export permits and / or clearances and government agencies that issue them:

Live Animals and Meat Bureau of Animal Industry (BAI)
Fruits and Plants Bureau of Plant Industry (BPI)
Marine and Aquatic Products Bureau of Fisheries and Aquatic Resources (BFAR)
Firearms, Parts, Ammunition, etc. PNP Firearms and Explosives Office (FEO)
VHS, Tapes, CDs, DVDs, etc. Optical Media Board (OMB)
TV, Movie, Film Print and Negatives, etc. Movie and Television Review and Classification Board (MTRCB)
Transceivers, Communication Equipments, etc. National Telecommunications Commission (NTC)
Endangered Species Dept. of Environment and National Resources (DENR)
Medicines and the like Bureau of Food and Drugs (BFAD)


Currency Regulations

It is illegal for any incoming or outgoing passenger to bring in or out Philippine Pesos in excess of P10,000.00 without prior authoirty from the Bangko Sentral ng Pilipinas. Any violation of this rule may lead to its seizure and civil penalties and / or criminal prosecution. (BSP Circular 98-1995)

The transportation of foreign currency or monetary instruments is legal. However, the carrying of foreign currency in excess of US$10,000.00 or its equivalent in other foreign currencies must be declared to a Customs Officer or the Bangko Sentral ng Pilipinas. VIolation of this rule may lead to seizure and sanctions, fines and / or penalties.

Accompanied Baggage Intended as Donation

Relief, charitable and / or humanitarian organizations intending to donate for free distribution or extend free medical, dental or any other services to the less privileged must coordinate with the Philippine Department of Social Welfare and Development, through the Philippine embassies and / or consulates abroad, for purposes of clearance, prior to actual departure. Donations must be covered by a Deed of Donation and Deed of Acceptance, approved by the Department of Finance.

Non-Resident Foreigners

Passengers who inted to bring back to their place of residence abroad any dutiable article must inform the inspecting Customs Officer of said intention. In this case, the passenger may be required to accomplish a re-exportation commitment form duly secured by a cash bond deposit equal to the ascertained duty and tax on the article, refundable upon departure of the passenger with the article, for which a corresponding Official Receipt will be issued.

Exemptions / Duty-Free Concessions

  • Two (2) reams of cigarette or two (2) tins of tobacco
  • Two (2) bottles of liquor or wine not exceeding one (1) liter per bottle

Balikbayan and Overseas Filipino Workers (OFWs) are entitled to a Ten Thousand (10,000,00) Peso duty exemption on their USED personal and household effects. Any excess thereof is subject to an ad valorem duty (Executive Order 206). In addition, OFWs are entitled to duty and tax-free privileges on their USED appliances limited to one of every kind provided the total value does not exceed PHP10,000.00. Any excess is subject to duty and tax.

The amount of duty to be paid shall be determined by the Customs Officer. Please have all your receipts and / or supporting documents ready for presentation to the Customs Officer.

Philippine Duty-Free Shopping

All passengers arriving from abroad can enjoy a one-time duty-free shopping privilege within the prescribed number of days from the date of arrival, upon presentation of a valid passport, flight ticket and boarding pass. Philippine duty-free shops are retail establishments licensed by the government to sell duty and tax-free merchandise to cater to travelers and balikbayans. Frequent travelers can enjoy up to US$10,000.00 worth of duty-free shopping privileges in a given calendar year.

However, duty-free shopping is subject to certain conditions and limitations. Purchases must be made in US dollars or its equivalent in Philippine Peso and other acceptable foreign currencies. This privilege is not transferable (except for kabuhayan shopping). Balikbayan privileges can only be availed of once a year. Minors are not allowed to buy cigarettes, liquors, wines, electronics, and home appliances. Tourists buying home appliances and electronics are subject to duties and taxes.

Balikbayan Categories

  • Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure;
  • A Filipino overseas worker (OFW); or
  • Former FIlipino with foreign passport and members of his family (i.e. spouse and children) who are traveling with him.

IMPORTANT NOTICE – Your Customs Declaration

All arriving passengers are required to accomplish a Customs Declaration from (BC Form 117) given on board the carrying aircraft. If traveling as one family, one declaration is sufficient.

Arriving passengers are required to declare all articles purchased or acquired abroad, indicating the quantity and its total acquisition price. If unsure of what to declare, please consult any Customs Officer on duty.