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Some Quick Facts To Know about: The Application & Licensing Process

From Submission to Issuance

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PRELIMINARIES - JUST A REMINDER

Read each section of the application form carefully.

Then complete each section.Take note of the documents

required, put them together and submit those documents with the application form to the Cannabis Licensing Authority (CLA).

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Are you disqualified from applying for a licence?

You are disqualified from applying for or holding a licence if:You have been convicted of any of these offences –1. Any offence specified in the Third Schedule of the Criminal

Records (Rehabilitation of Offenders) Act. Offences for which convictions may not be expunged.

2. An offence under section 92 or 93 of the Proceeds ofCrime Act (money laundering offences) and;

3. An offence for which the person has been convicted and sentenced in any country other than Jamaica and which, if the circumstances constituting the offence had occurred in Jamaica, would constitute an offence referred to in 1 or 2 (above).

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Are you disqualified from applying for a licence?

4. An offences, not included in 1 , 2 or 3 on the previous slide , under the Dangerous Drugs Act for which 10 years has not passed since the completion on the sentence, and during that time the person has not committed an offence involving violence or dishonesty.

5. Other offences, not included in 1, 2 ,3 or 4, for which 5 years has not passed since the completion on the sentence and during that time the person has not committed an offence involving violence or dishonesty.

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Categories of Applicants

An applicant may be an individual, sole trader, company or society.

If you are applying as an individual – you are only eligible to apply for the cultivator’s licence.

If you are not applying as an individual- you may apply for any or all of the five (5) licence categories.

A separate set of application forms is required for each licence being applied for.

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Types of Licences

Type of Licences In keeping with the Regulations, this licence allows you to . . .

Cultivator’s Licence

Tier 1Cultivate up to 1 acre (4,047 square metres) of land with ganja for medical, scientific and therapeutic purposes.

Tier 2Cultivate between 1 and 5 acres (4,047 – 20, 235 square metres) of land with ganja for medical, scientific and therapeutic purposes.

Tier 3Cultivate over 5 acres (20,235 square metres) of land with ganja for medical, scientific and therapeutic purposes.

Processing Licence

Tier 1Process ganja for medical, scientific and therapeutic purposes, including the manufacturing of ganja based products, in a space of up to 200 square metres.

Tier 2Process ganja for medical, scientific and therapeutic purposes, including the manufacturing of ganja based products, in a space of over 200 square metres.

Transport Licence***

- Transport ganja between two licensed premises in an approved motor vehicle.

Retail Licence

Pharmacy or Dispensary***

Sell ganja products for medical and therapeutic purposes.

Herb HouseSell ganja products for medical and therapeutic purposes, with a space for immediate consumption by consumers.

Therapeutic Provide therapeutic or spa services utilising ganja products

Research and Development Licence

ExperimentalUndertakes all activities involved in the assessment, study, research, development and testing of products derived from all or any part of the cannabis plant, including the analytical services for own use.

Analytical ServicesProvide commercial services exclusively for the determination of any or all of the constituents, characteristics, quality or safety parameters of cannabis or cannabis products by accepted and/or accredited methods.

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Step One: Application Submission

Submit the completed application forms (Form 1A, Form 1B, Form 2 A , Form 2B) and all the supporting documents in a single sealed envelope and delivered to:

Licensing and Application DivisionCannabis Licensing Authority4 St. Lucia AvenueKingston 5

If you are not the owner of the property to be licensed you are also required to complete and submit Form 3 along with the supporting documents.

I have my completed

application form and all

supporting documents!

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Step One – Application Submission

All copied documents submitted must be certified by a Justice of the Peace.

Only originals of Police Records will be accepted by the CLA.

Ensure that you follow the instructions on each section of the application form. Do not submit the application form alone; it needs the supporting documents.

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Step Two: The Desk Review Stage

Within 24 hours of receipt of your application the CLA willacknowledge receipt of each application and inform you that yourapplication is at the desk review stage.

The CLA will examine each section of the application form toensure that it is complete and that the required supportingdocuments are provided. This review may take up to 5 workingdays.

If your application form is complete and the supportingdocuments provided; your application will move in atimely manner to the next step, which is payment of theapplication processing fee.

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Payment of the Application Processing Fee

This fee should be paid only when advised , in writing, by the CLA.It is requested at the Desk Review Stage.

The fee is $300 USD for individuals and $500 USD for businesses,companies and cooperatives.The fee is per application submitted and it can be paid in the

Jamaican Dollar equivalent.

The fee is non-refundable – it covers the administrative cost forprocessing your application. The timely payment of the fee willassist to move your application to the next stage.

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Step 3 : Desk Verification & Due Diligence Stage

The information that you put on the application form is verified and

assessed for correctness. We verify the documents you submit for

accuracy and authenticity.

We verify your company documents, property

documents, tax payments, validity of TCC, just to name a few.

Due diligence checks are conducted on your shareholders and

directors to ensure fit and proper requirements are met.

We crave your patience; this stage may take up to 4 months from the

date of payment of the application processing fee.

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Fit and Proper Considerations

• We take into the account the following factors:1. Are you a person of good repute? Having regard to matters

concerning your character, honesty, and personal and professional integrity.

2. Do you have the necessary skills and experience to fulfil the your obligations as licensee?

3. Do you have sound and stable resources of financing or is in a financial circumstances, which may limit your capacity to fulfil your obligations as a licensee?

4. Do you have a history of compliance with the Act and the Interim Regulations?

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Step 4: 1st Decision-Making Stage

Once the desk verification and due diligence process is complete, theapplication is prepared for decision.

The decision may be for conditional approval, refusal or request forfurther and better particulars.

If your application is approved, a conditional approvalletter is issued.

If your application is rejected, a refusal letter is issued. The letterpoints the applicant to the appeal process prescribed by the lnterimRegulations.

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Step 5 : Conditional Approval Stage

If a company, society or an individual is granted conditional approval, you will be issued a letter from the CLA , which stipulates the requirements to be satisfied. The CLA gives applicants 6 months to satisfy these requirements. Some of these are: Passing the site inspection Payment of property taxes; Submission of investment and operating account information Approval or non-objections from the National Environmental Planning

Agency (NEPA) as well as the relevant municipalities Approvals from MOH, BSJ, MLSS ( as applicable).

The conditional approval stage is applicant driven. It is for the applicant to satisfy the requirements to move to the licence stage.

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Step 6: 2nd Decision – Making Stage

This stage has two main steps: the granting of the licenceand the issuing of the physical licence with its supportingdocuments.

You are at the granting stage because the site inspectionwas passed and the preconditions in your letter weresatisfied.

Once the CLA decides to grant the licence; you willreceive a Notification of Approval of Licence letter fromthe CLA, which sets out what you are required to do. You are required to pay the licence fee, the security bond ( if

applicable) and enter into any agreement(s) (if applicable). You are required to satisfy these things before your licence is issued.

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Issuance of the Licence

Congratulations, you are at the Issuance of Licence stage because you have satisfied all the requirements in your notification letter.

We will issue to you these documents: two originals of the certificate of licence;original terms and conditions for your certificate of licence; and an original of any agreements signed.

You are required to display the certificate of licence in a clearly visible location on the licensed premises/property.

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Some Observations to Share

• Application forms are incomplete.• Application submitted with some or none of the supporting

documents.• Copies of documents are not certified by Justice of the Peace.• The information written on the application form is inconsistent

with documents filed with Companies Office of Jamaica.• Share % is often inconsistent.• Directors who are stated on the application form sometimes

are not seen to be directors on the company documents orvice versa.

• Misunderstanding of the questions relative to parent company,related entities and beneficial owners.

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Some Observations to Share

• The consent form (form 3) is not signed by the titled owner(s) and no other document submitted to explain why the person who signs is signing.

• The consent form is not signed by all the titled owners and no document submitted to explain why.

• Submission of consent form without the documents relating to the property.

• If the titled owner is a company, the consent form is not signed by all the directors or other letter(s) submitted authorizing one director to sign for the company.

• The certificate of registration for the company that is the titled owner is not submitted.