Queensland Consolidated Acts

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DRUGS MISUSE ACT 1986 - SECT 83

What happens to cannabis seed if licence cancelled or renewal refused

83 What happens to cannabis seed if licence cancelled or renewal refused

(1) This section applies if—
(a) the chief executive refuses to renew a licence under section 66 and the licensee possesses cannabis seed, other than harvested material under section 82 ; or
(b) the chief executive cancels a licensee’s licence under section 77 .
(2) The chief executive may—
(a) for industrial cannabis seed—
(i) denature the cannabis seed; or
(ii) supply the seed to a seed handler to denature the seed; or
(iii) supply the seed to a researcher, a grower, or a person authorised under a regulation under section 48 to possess industrial cannabis seed; or
(b) for class A or class B research cannabis seed—supply the seed to a researcher, or a person authorised under a regulation under section 48 , who may possess the cannabis seed; or
(c) destroy the seed.
(3) For subsection (2)
(a) the chief executive is taken to hold a licence identical to the cancelled licence for the place stated in the cancelled licence; and
(b) the cannabis seed in the possession of the former licensee immediately before the cancellation are taken to be in the chief executive’s possession and not the possession of the licensee; and
(c) if—
(i) the cancelled licence was a researcher licence; and
(ii) under the cancelled licence, class A or class B research cannabis seed is in the possession of a grower for use for growing class A or class B research cannabis plants on land owned or leased by the grower as part of a field trial conducted under the supervision of a researcher;
the cannabis seed is taken to be in the chief executive’s possession and not in the possession of the grower or the former licensee.
(4) For subsections (2) and (3) , the chief executive may—
(a) enter and re-enter the place stated in the cancelled licence as often as is reasonably necessary; and
(b) bring onto the place reasonably necessary machinery and other equipment; and
(c) open anything in which the chief executive reasonably suspects cannabis seed may be kept; and
(d) inspect anything opened under paragraph (c) and seize any cannabis seed found.
(5) For subsection (4) , the chief executive is taken to have the powers of an inspector who enters a place.
(6) No compensation is payable by the State because of the destruction of the seed.



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