2024-07-05 06:35:39
At today’s session of the Government, a decision was made in the Resolution of the Government of the Republic of Armenia dated July 15, 2021 N 1170 “On approving the procedures for licensing the production, import, export or wholesale trade of industrial hemp, the forms of licensing applications and the forms of licenses for the implementation of these types of activities” make changes and additions.
The decision sets significantly more production quotas for industrial hemp than for export and wholesale trade activities.
“For example, each person can produce a maximum of twenty thousand (20,000) liters of cannabidiol oil, but can only wholesale or export 100 (one hundred) liters of cannabidiol oil. In this case, the question arises as to how the rest of the production will be realized, in the event that according to Article 45.3, Part 5 of the Law “On Narcotic Drugs and Psychotropic (Psychoactive) Substances”, a person with a license to produce industrial hemp can only transfer his products a person holding a license to export, import or wholesale industrial hemp. Therefore, we propose to increase the export and wholesale trade quotas,” it is stated in the justification of the project.
There are clauses in the license inserts, according to which it is necessary to specify the minimum quantities of production, export, wholesale trade of industrial hemp, but there is no corresponding regulation in the licensing procedure, according to which the applicant must specify a minimum quantity in the application or in the attached documents. Therefore, it is not clear what amount should be indicated in the tab. At the same time, according to Article 45.7, Part 3 of the Law “On Narcotic Drugs and Psychotropic (Psychoactive) Substances”, the quota can be differentiated according to a number of criteria, including according to the maximum and minimum production or import, export or wholesale of one entity. setting trade volumes (amount) by year, setting differentiated or identical quota for a specific entity.
“According to the 6th part of the same article, the violation of the quantitative restrictions provided for by the quota is considered the basis for the termination of the license. It follows from this regulation that violation of either the maximum or minimum amount is grounds for license termination. Therefore, this project proposes to set a minimum amount in percentage ratio and remove the relevant items from the tab.
According to the draft, it is proposed to add a series corresponding to the type of activity to the license forms instead of K-XX,” the draft states.
The decision stipulates that the interested state bodies submit conclusions to the licensing authority. Sometimes it is not clear from the content of the conclusions whether it is positive or negative, as a result of which the licensing body has difficulty in making a final decision. it is recommended to indicate whether it is positive or negative at the end of the conclusion.
The project is intended to solve some issues hindering the production, import, export, and wholesale licensing of cannabis.
With the acceptance of the project, the applicant can apply for licensing only after ensuring the necessary territorial and property saturation defined by the decision of the Government of the Republic of Armenia No. 270 of March 18, 2010. The quotas for the export of manufactured hemp and the licensing of wholesale trade will be increased. A minimum quota size will be set. Regulation will be given to the conclusions issued by the concerned authorities.