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

Marginal note:Altering substance
  •  (1) An individual who, in accordance with these Regulations or subsection 65(2.1) of the Narcotic Control Regulations, obtains fresh or dried marihuana or cannabis oil for their own medical purposes or for those of another individual for whom they are responsible, and an individual who, in accordance with these Regulations, produces marihuana for their own medical purposes or those of another person for whom they are the designated person, may alter the chemical or physical properties of

    • (a) the fresh or dried marihuana or cannabis oil;

    • (b) a product resulting from an alteration of a substance referred to in paragraph (a); or

    • (c) a product that is derived from a product referred to in paragraph (b).

  • Marginal note:No organic solvents

    (2) The individual must not use organic solvents when doing those alterations. For the purposes of this subsection, organic solvent means any organic compound that is highly flammable, explosive or toxic, including petroleum naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.

  • Marginal note:Providing substance

    (3) An individual who is responsible for another individual may provide a product referred to in subsection (1) only to that individual.

  • Marginal note:Possession

    (4) An individual may possess a product referred to in subsection (1) if they produced it in accordance with this section or obtained it in accordance with these Regulations.

Marginal note:Obtaining cannabis — Narcotic Control Regulations
  •  (1) A licensed producer may possess cannabis that they have obtained in accordance with the Narcotic Control Regulations if they require it for their business.

  • Marginal note:Employee or agent or mandatary

    (2) A person may possess cannabis referred to in subsection (1) if the person is an employee of or is acting as the agent or mandatary of the licensed producer, while acting in the course of their employment or their role as agent or mandatary.

Marginal note:Possession limit
  •  (1) An individual who possesses products referred to in paragraphs 4(1)(b) and (c), fresh or dried marihuana or cannabis oil — for their own medical purposes or for those of another individual for whom they are responsible — must not possess a total quantity of those products and substances that exceeds the equivalent of the least of the following amounts:

    • (a) in the case of substances obtained from a licensed producer or products originating from those substances, 30 times the daily quantity of dried marihuana referred to in paragraph 8(1)(d),

    • (b) in the case of marihuana produced in accordance with Part 2 or products originating from it, 30 times the daily quantity of dried marihuana referred to in paragraph 8(1)(d),

    • (c) in the case of substances obtained from a hospital by or for an out-patient or products originating from those substances, 30 times the daily quantity of dried marihuana referred to in subparagraph 65.2(c)(iii) of the Narcotic Control Regulations, and

    • (d) 150 g of dried marihuana.

  • Marginal note:Dried marihuana equivalency factor

    (2) For the purposes of paragraph (1)(c), the quantity of any products referred to in paragraphs 4(1)(b) and (c), fresh marihuana and cannabis oil must be calculated 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, in the case of products described in those paragraphs, also taking into account the weight of the fresh or dried marihuana – or the volume of the cannabis oil – that was used to make them.

Health Care Practitioners

Marginal note:Authorized activities
  •  (1) In addition to being authorized to possess fresh or dried marihuana or cannabis oil in accordance with section 3, a health care practitioner may conduct the following activities in regard to a person who is under their professional treatment:

    • (a) transfer or administer the substance; or

    • (b) provide a medical document.

  • Marginal note:Transfer

    (2) The health care practitioner may also transfer the substance to an individual who is responsible for the person under their professional treatment.

Marginal note:Medical document
  •  (1) A medical document provided by a health care practitioner to a person who is under their professional treatment must indicate

    • (a) the practitioner’s given name, surname, profession, business address and telephone number, the province in which they are authorized to practise their profession and the number assigned by the province to that authorization and, if applicable, their facsimile number and email address;

    • (b) the person’s given name, surname and date of birth;

    • (c) the address of the location at which the person consulted with the practitioner;

    • (d) the daily quantity of dried marihuana, expressed in grams, that the practitioner authorizes for the person; and

    • (e) the period of use.

  • Marginal note:Period of use

    (2) The period of use referred to in paragraph (1)(e)

    • (a) must be specified as a number of days, weeks or months, which must not exceed one year; and

    • (b) begins on the day on which the medical document is signed by the practitioner.

  • Marginal note:Validity of medical document

    (3) A medical document is valid for the period of use specified in it.

  • Marginal note:Attestation

    (4) The medical document must be signed and dated by the practitioner providing it and must attest that the information in the document is correct and complete.

Marginal note:Thirty-day limit
  •  (1) A health care practitioner must not transfer to a person under their professional treatment or an individual who is responsible for that person (both of whom are referred to in this section as the transferee) in a 30-day period a total quantity of fresh marihuana, dried marihuana and cannabis oil that, taking into account the dried marihuana equivalency factor determined under section 79, exceeds the equivalent of 30 times the daily quantity of dried marihuana referred to in paragraph 8(1)(d) that the practitioner has indicated in the medical document on the basis of which the transfer is made.

  • Definition of 30-day period

    (2) In this section, 30-day period means

    • (a) the 30-day period beginning on the day on which the practitioner first transfers a substance to the transferee; and

    • (b) every 30-day period after the period referred to in paragraph (a).

  • Marginal note:First 30-day period

    (3) For the purpose of applying subsection (2), the first 30-day period begins on the day on which the practitioner first transfers a substance to the transferee after the day on which that subsection comes into force, even if the practitioner previously transferred a substance to them.

  • Marginal note:Additional limit

    (4) A health care practitioner must not, at any one time, transfer to the transferee a quantity of the substance that, taking into account the dried marihuana equivalency factor determined under section 79, exceeds the equivalent of 150 g of dried marihuana.

  • Marginal note:Exclusion

    (5) A quantity of the substance that the health care practitioner transfers to the transferee to replace a quantity of the substance that the transferee has returned under section 148 is to be excluded for the purpose of calculating the total quantity referred to in subsection (1).

General Provisions

Marginal note:Application of Narcotic Control Regulations

 For greater certainty, except in the case of inconsistency with these Regulations, the Narcotic Control Regulations also apply to cannabis referred to in these Regulations.

Marginal note:Further information

 The Minister may, on receiving an application made under these Regulations, require the submission of any further information that pertains to the information contained in the application and that is necessary for the Minister to process the application.

 
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