— THE PROCESS OF OBTAININNG A PERMIT
The permit for the activities related to the Cannabis industrial
The permit enables the controlled exercise of activities related to the production of cannabis for industrial purposes, in accordance with Law No. 61/2023 and its implementing sub-legal acts.
Activities that might be included in the permit
01
IMPORT OF SEEDS OR SEEDLINGS
The import of seeds or seedlings of permitted industrial cannabis varieties, after being provided with the relevant authorization by the competent authority for seeds and seedlings.
02
REPRODUCTION OF SEEDS OR SEEDLINGS
The reproduction of seeds or seedlings for use as planting material, in compliance with legal requirements and applicable standards.
03
Cultivation
The cultivation of the cannabis plant for industrial purposes within the areas and locations specified in the permit.
04
PRODUCTION AND PROCESSING
The production and processing of the industrial cannabis plant and the raw material derived from it, in accordance with the activities approved in the permit.
05
Transport
The transport of the industrial cannabis plant, raw material, by-products, and products, in compliance with safety, documentation, labeling, and traceability requirements.
06
Export
The export of by-products and final products of the industrial cannabis, in accordance with national legislation and the state requirements of the importing process.
Requirement and criteria of the permit.
Requirement and criteria that must be fulfilled for the issuance and maintenance of the permit:
01
The permit’s term
The permit is granted for a 5-year term, with the right of renewal, in accordance with the conditions and procedures set forth in the legislation in force.
02
Minimum Area
The license is granted for cultivation areas of no less than 1 hectare.
03
Permitted Varieties
Cultivation is permitted only for industrial cannabis varieties recognized and registered in accordance with the legislation in force. The cannabis plant for industrial purposes must not contain more than the legal limit of THC.
04
Production Unit
The activity shall be conducted solely within the units and premises specified in the permit, with restricted and monitored access.
05
Non-transferability
The activities covered by the permit may not be transferred to third parties, except for activities explicitly permitted within the scope of the permit.
06
Traceability
The entity must implement the requirements for physical security, labeling, tracking, and recording of all stages of the activity.
07
Integrity
Persons involved in the activity must undergo a background verification process, in accordance with the provisions of Law No. 61/2023 and its by-laws acts.
Main steps of the process
Submission of the Application
The entity submits the application for obtaining the permit to the ministry responsible for agriculture, along with the required documentation.
Verification of Documentation
The responsible structure verifies the completeness and regularity of the documentation, as well as the fulfillment of the legal requirements.
Security assessment
A copy of the application file is forwarded to the ministry responsible for public order and security for assessment of the approval or the rejection of the application.
Report and proposal
Upon receiving the assessment, the responsible structure prepares the report and the proposal for the minister responsible for agriculture.
Approval of the permit
The permit is approved by order of the minister responsible for agriculture. The entity is considered the permit holder from the date of issuance of the order.
Authorities and role of the Agency
Application is submitted to the
Ministry of Agriculture and Rural Development
The application for a permit and the supporting documentation are submitted to the responsible structure within the ministry responsible for agriculture.
Approved by the
Ministry of Agriculture and Rural Development
The permit is approved by order of the minister, after completion of the review and verification procedure.
Role of the Agency
Registration, monitoring, control
The agency registers entities, administers data, monitors permit conditions, conducts inspections and sanctions administrative violations.
What should the file contain ?
The documentation must be submitted in full and in compliance with the requirements of the legislation in force.
- Registration document of the farmer, natural or legal person.
- Documentation proving the engagement of at least of one agronomist.
- Court certificate confirming that the relevant persons are not subject of criminal proceedings.
- Declaration of consent for the conduct of the background check procedure.
- Self-declaration of the absence of tax liabilities.
- Preliminary sales agreement with the entity that will purchase the raw material.
- Copy of the property card and indicative registration map.
- Documentation for the location of the land in the approved cadastral zones.
- List of personnel employed or subcontracted to manage the cultivation process.
- Certification from the prosecutor's office proving that the relevant persons are not under criminal prosecution.
- Criminal Record Certificate.
- Self-declaration for the source of financing for expenditures.
- Self-declaration for the conclusion of a preliminary agreement for safekeeping services and physical security.
- Ownership documentation or lease contract for the land.
- Survey plan, in cases provided for by law.
- Self-declaration for payment of the marking and tracking system fees.
The licensed entity must strictly adhere to the following obligations during the exercise of its activity:
- Exercise only the activities specified in the license.
- Comply with the approved areas, locations, and conditions.
- Use only authorised and registered seeds and seedlings.
- Ensure the labelling and traceability of the activity.
- Pay the fees related to the labelling and traceability system.
- Maintain the documentation and activity records.
- Allow controls, inspections, and sampling procedures.
- Implement physical security and monitoring measures.
- Declare the quantities cultivated, produced, processed, and exported.
- Declare the quantities cultivated, produced, processed, and exported.
- Implement corrective and administrative measures.
Grounds for Revocation or Suspension of the License
- Exercise of the activity in violation of the criteria of Law No. 61/2023;
- Exercise of the activity in violation of the conditions of the permit;
- Failure to pay the fees for the labeling and tracking system;
- Violation of legal provisions related to the permitted activity.
