Consultation on Regulatory Framework for Cannabis-derived Products for Export

Closed 19 Nov 2020

Opened 23 Oct 2020

Feedback updated 18 Dec 2020

We asked

The purpose of this Consultation was to seek feedback from interested parties on the details of the proposed Regulatory Framework (“Framework”) for Cannabis-derived Products for Export.

The Consultation set out the details of the proposed Framework and sought feedback from industry, inward investors and other interested stakeholders on the proposals, with a particular focus on:

  1. The proposed regulations for cultivation of industrial hemp, cannabis (including importation of biomass) and the manufacture of related cannabis-derived products for export including prescribed fees; and
  2. The proposed licensing framework, minimum standards and guidelines for applicants.

You said

We received 28 responses through the Government’s consultation portal, many welcoming and supporting the majority of the proposals set out in the Consultation Paper. These came from interested parties, members of the public, representative bodies and Government Departments. A number of respondents sought clarification on specific areas of the Framework and the manner in which licence conditions would be applied and monitored by the intended Regulator.  The most consistent theme in responses was in respect of the proposed licence fee structure.

We did

All responses received during the Consultation have been carefully considered. We will be making some amendments to the licensing Framework and the supporting Regulations to reflect feedback.

During the Consultation process, DfE identified the Gambling Supervision Commission as the proposed regulator for this new sector, with responsibility over the licensing and ongoing supervisory processes.  December’s Tynwald were therefore asked to approve a Transfer of Functions Order, which establishes the Gambling Supervision Commission (GSC) as the launch regulator for licensing and supervising adherence by the regulated entities to the Framework.

The GSC intend to issue the final Regulations and publish the Guidance Notes, needed to support the enactment of the Regulations and to prepare to consider licence applications.

It is anticipated that the GSC will begin considering initial applications in February 2021 and issue the first approvals before April 2021. Given the outdoor harvest cycles and the interest amongst some local farmers to test crops, the GSC will initially prioritise applications for low-THC outdoor cultivation in order to meet the critical timeframe.

The GSC will then prioritise the applications related to the higher-value, High-THC market and anticipate approving applicants in this sector during Q2 2021.

Results updated 18 Dec 2020

Files:

Overview

The Department for Health and Social Care held a public consultation in 2019 which indicated strong support for the creation of a regulatory framework for facilitating an export-based cannabis sector.

In line with the Programme for Government’s strategic objective, ‘An Island of Enterprise and Opportunity’, the Department for Enterprise is now consulting on the establishment of a Regulatory Framework (‘Framework’) for Cannabis-derived Products for Export.

The intent of such a Framework is to facilitate potential opportunities for new economic activity within the Isle of Man.

Why we are consulting

This consultation paper sets out the details of the proposed Framework. Through consultation, the Department wishes to seek feedback from industry, inward investors and other interested stakeholders on the proposals, with a particular focus on:

  1. the proposed regulations for domestic cultivation of industrial hemp, cannabis (including importation of biomass) and the manufacture of related cannabis-derived products for export including prescribed fees; and
  2. the proposed licensing framework, minimum standards and guidelines for applicants.

This feedback will help shape the regulatory proposals needed to support the Framework.
As the proposals include the making of Regulations under the Misuse of Drugs Act, in accordance with the Act, the Department will be consulting directly with the Advisory Council on the Misuse of Drugs.

In addition, the Department will also be consulting directly with interested parties including the Manx National Farmers’ Union, the Isle of Man Constabulary, prospective commercial operators and industry bodies.

This consultation addresses only issues related to an export industry and doesn’t consider any changes to the domestic legality of prescription medicinal cannabis or the legality of non-medical use of cannabis in the Isle of Man. Any comments made in this respect will not be addressed.

Consultation Process

Submissions with respect to the consultation must be submitted by Thursday 19 November 2020 and can either be:

Business Isle of Man,
Department for Enterprise,
St George’s Court,
Upper Church Street,
Douglas,

Isle of Man,
IM1 1EX

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

What happens next

After the Consultation, the regulations will be presented to Tynwald for approval.

Areas

  • All Areas

Audiences

  • All residents

Interests

  • Legislation
  • Policies, strategies & plans
  • Economy