Access to Cannabis for Medical Purposes Regulations (SOR/2016-230)

Regulations are current to 2017-11-06 and last amended on 2017-02-13. Previous Versions

Access to Cannabis for Medical Purposes Regulations

SOR/2016-230

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 2016-08-05

Access to Cannabis for Medical Purposes Regulations

P.C. 2016-743 2016-08-05

Whereas a provision of the annexed Regulations provides for the communication of information obtained under the Regulations to certain classes of persons referred to in paragraph 55(1)(s) of the Controlled Drugs and Substances ActFootnote a and, in the opinion of the Governor in Council, it is necessary to communicate that information to those classes of persons for the proper administration or enforcement of the Act and the Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1)Footnote b of the Controlled Drugs and Substances ActFootnote a, makes the annexed Access to Cannabis for Medical Purposes Regulations.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Controlled Drugs and Substances Act. (Loi)

    adult

    adult means a person who is 18 years of age or older. (adulte)

    cannabis

    cannabis means the substance set out in item 1 of Schedule II to the Act. (cannabis ou chanvre indien)

    cannabis oil

    cannabis oil means an oil, in liquid form at room temperature of 22 ± 2°C, that contains cannabis in its natural form. (huile de chanvre indien)

    designated person

    designated person means the individual who is authorized by a registration referred to in section 178 to produce cannabis for the medical purposes of the registered person. (personne désignée)

    dried marihuana

    dried marihuana means harvested marihuana that has been subjected to any drying process, but does not include seeds. (marihuana séchée)

    former Marihuana for Medical Purposes Regulations

    former Marihuana for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2013-645 of June 6, 2013 and registered as SOR/2013-119. (ancien Règlement sur la marihuana à des fins médicales)

    former Marihuana Medical Access Regulations

    former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227. (ancien Règlement sur l’accès à la marihuana à des fins médicales)

    fresh marihuana

    fresh marihuana means freshly harvested marihuana buds and leaves, but does not include plant material that can be used to propagate marihuana. (marihuana fraîche)

    health care practitioner

    health care practitioner means, except in sections 123, 124 and 203, a medical practitioner or a nurse practitioner. (praticien de la santé)

    licensed dealer

    licensed dealer has the same meaning as in section 2 of the Narcotic Control Regulations. (distributeur autorisé)

    licensed producer

    licensed producer means the holder of a licence issued under section 35. (producteur autorisé)

    marihuana

    marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Act. (marihuana)

    medical document

    medical document means a medical document referred to in section 8. (document médical)

    medical practitioner

    medical practitioner means a person who

    • (a) is registered and entitled under the laws of a province to practise medicine in that province; and

    • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations. (médecin)

    nurse practitioner

    nurse practitioner means a nurse practitioner as defined in section 1 of the New Classes of Practitioners Regulations who

    • (a) is permitted to prescribe dried marihuana in the province in which they practise; and

    • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations. (infirmier praticien)

    registered person

    registered person means an individual who is registered with the Minister under Part 2. (personne inscrite)

    security clearance

    security clearance means a security clearance granted by the Minister under section 112. (habilitation de sécurité)

    transfer

    transfer means, except in sections 140, 144 and 150, to transfer, whether directly or indirectly, without consideration. (transférer)

  • Marginal note:Destruction

    (2) Cannabis is considered to be destroyed when it is altered or denatured to such an extent that its consumption and propagation is rendered impossible or improbable.

  • Marginal note:Drying

    (3) The production of marihuana includes subjecting it to a drying process.

Marginal note:Equivalency in dried marihuana
  •  (1) The provisions of this section apply for determining, for the purposes of these Regulations, the quantity of cannabis other than dried marihuana that is equivalent to a given quantity of dried marihuana.

  • Marginal note:Substances obtained from a licensed producer and products

    (2) The quantity of any fresh marihuana or cannabis oil that is obtained from a licensed producer — and the quantity of any products referred to in paragraphs 4(1)(b) and (c) originating from those substances — that is equivalent to a given quantity of dried marihuana must be calculated by

    • (a) taking into account the dried marihuana equivalency factor determined under section 79 that the licensed producer has indicated on the label of the fresh marihuana or cannabis oil; and

    • (b) in the case of products referred to in paragraphs 4(1)(b) and (c), taking into account the weight of the fresh or dried marihuana — or the volume of the cannabis oil — that was used to make them.

  • Marginal note:Marihuana produced under Part 2 and products

    (3) The quantity of any marihuana that is produced under Part 2 — and the quantity of any products referred to in paragraphs 4(1)(b) and (c) originating from that marihuana — that is equivalent to a given quantity of dried marihuana must be calculated by:

    • (a) considering 5 g of fresh marihuana as equivalent to 1 g of dried marihuana; and

    • (b) in the case of products referred to in paragraphs 4(1)(b) and (c), taking into account the weight of the fresh or dried marihuana that was used to make them.

Possession

Marginal note:Obtaining substance
  •  (1) Subject to the other provisions of these Regulations, a person listed in subsection (2) may possess fresh or dried marihuana or cannabis oil and a person listed in subsection (3) may possess cannabis if the person has obtained it

    • (a) in accordance with these Regulations;

    • (b) in the course of activities performed in connection with the enforcement or administration of any Act or its regulations;

    • (c) from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that substance; or

    • (d) in the case referred to in subparagraph (2)(a)(iii), under subsection 65(2.1) of the Narcotic Control Regulations.

  • Marginal note:Fresh or dried marihuana or cannabis oil

    (2) The following persons may possess fresh or dried marihuana or cannabis oil:

    • (a) a person who has obtained the substance for their own medical purposes or for those of another individual for whom they are responsible

      • (i) from a licensed producer,

      • (ii) from a health care practitioner in the course of treatment for a medical condition, or

      • (iii) from a hospital, under subsection 65(2.1) of the Narcotic Control Regulations;

    • (b) a person who requires the substance for the practice of their profession as a health care practitioner in the province in which they have that possession; or

    • (c) a hospital employee, if they possess the substance for the purposes of and in connection with their employment.

  • Marginal note:Cannabis

    (3) The following persons may possess cannabis:

    • (a) a person who has obtained cannabis for their own medical purposes by producing it as a registered person;

    • (b) a person who has obtained cannabis — for their own medical purposes or for those of another individual for whom they are responsible — from a designated person;

    • (c) a person who requires cannabis for their business as a licensed producer and who possesses it in accordance with section 22;

    • (d) a person who requires cannabis for their business as a licensed dealer;

    • (e) a person who is employed as an inspector, an analyst, a peace officer, a member of the Royal Canadian Mounted Police or a member of the technical or scientific staff of a department of the Government of Canada or of the government of a province and who possesses the cannabis for the purposes of and in connection with their employment; or

    • (f) a person who is acting as the agent or mandatary of a person whom they have reasonable grounds to believe is a person referred to in paragraph (e) and who possesses the cannabis for the purpose of assisting that person in the administration or enforcement of any Act or its regulations.

  • Marginal note:Employee or agent or mandatary

    (4) A person may possess fresh or dried marihuana or cannabis oil if the person is an employee of or is acting as the agent or mandatary for a person referred to in paragraph (2)(b) or (c), while acting in the course of their employment or their role as agent or mandatary.

  • Marginal note:Employee or agent or mandatary

    (5) A person may possess cannabis if the person is an employee of or is acting as the agent or mandatary for a person referred to in paragraph (3)(c) or (d), while acting in the course of their employment or their role as agent or mandatary.

 
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