Victorian Numbered Acts Victorian Numbered Acts(1) If a manufacturing inspector seizes cannabis, cannabis material, an intermediate cannabis product or a medicinal cannabis product, the Health Secretary may—
(a) deal with the seized cannabis in accordance with subsection (3) if—
(i) the Secretary is satisfied on reasonable grounds that, in relation to the seized cannabis, there has been a contravention of this Act, the regulations, the Drugs, Poisons and Controlled Substances Act 1981 , the regulations made under that Act or a manufacturing licence; and
(ii) the person from whom the cannabis was seized surrenders the seized cannabis to the Secretary; and
(iii) that person consents to the Secretary dealing with the seized cannabis in accordance with subsection (3); or
(b) if the seized cannabis is required for evidence in a proceeding, retain the cannabis in accordance with section 90.
(2) Unless subsection (1) applies, the Health Secretary must take reasonable steps to return the seized cannabis—
(a) to the person from whom it was seized; or
(b) to its lawful owner.
(3) In the circumstances set out in subsection (1)(a), the Health Secretary may do any of the following—
(a) dispose of the seized cannabis;
(b) direct the person from whom the cannabis was seized to dispose of the seized cannabis;
(c) in the case of seized cannabis plants, harvest the cannabis plants and—
(i) destroy the harvest; or
(ii) otherwise deal with the harvest as appropriate;
(d) enter into an agreement with the person from whom the cannabis was seized, or any other person, to deal with the seized cannabis as required in all of the circumstances;
(e) anything reasonably required to ensure the security of the seized cannabis.
(4) Section 94(1) applies to seized cannabis retained by the Health Secretary under this Division.
Note
Section 94(1) authorises the Health Secretary to have the seized cannabis tested at a medicinal cannabis testing facility.