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

Regulations are current to 2017-09-14 and last amended on 2017-02-13. Previous Versions

Marginal note:Thirty-day limit
  •  (1) A licensed producer must not sell or provide to a client or an individual who is responsible for the client in a 30-day period a total quantity of fresh marihuana, dried marihuana and cannabis oil that exceeds the equivalent of 30 times the daily quantity of dried marihuana referred to in paragraph 8(1)(d).

  • Marginal note:Date of sale

    (2) The quantity is considered to have been sold or provided, for the purposes of subsection (1), on the day on which the licensed producer reasonably anticipates that it will be received by the client.

  • Definition of 30-day period

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

    • (a) the 30-day period beginning on the day on which the licensed producer is considered, under subsection (2), to first sell or provide a substance to the client or the individual who is responsible for the client under the client’s current registration with the producer; and

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

  • Marginal note:First 30-day period

    (4) For the purpose of applying subsection (3), the first 30-day period begins on the day on which the licensed producer is considered, under subsection (2), to first sell or provide a substance to the client or the individual who is responsible for the client after the day on which that subsection comes into force, even if the producer previously sold or provided a substance to them under the client’s current registration with the producer.

  • Marginal note:Return

    (5) If the client or an individual who is responsible for the client returns to the licensed producer a substance that the producer sold or provided to them, the producer may replace the returned substance with an equal quantity, to a maximum of a quantity that does not exceed the equivalent of 150 g of dried marihuana.

  • Marginal note:Exclusion

    (6) The quantity of the substance that the licensed producer provides to the client or an individual who is responsible for the client to replace the returned substance is to be excluded for the purpose of calculating the total quantity referred to in subsection (1).

Marginal note:Return of marihuana plants or seeds

 If a client or their designated person returns to a licensed producer marihuana plants or seeds that the producer sold or provided to them, the producer may replace the returned plants or seeds with an equal quantity that, taking into account the equivalency factor specified in subsection 145(2), does not exceed the equivalent of the maximum number of plants, determined in accordance with section 190, that are authorized to be under production under the client’s registration with the Minister made under Part 2.

DIVISION 3Clients and Other Authorized Users

Marginal note:Return
  •  (1) An individual who, in accordance with this Part 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 may return the substance to the person who sold or provided it to them if that person accepts the return of the substance.

  • Marginal note:Marihuana plants or seeds

    (2) A client registered on the basis of a registration with the Minister made under Part 2 who obtains marihuana plants or seeds for their own medical purposes, or the designated person of the client who obtains those plants or seeds for the medical purposes of the client, may return them to the licensed producer who sold or provided them to them if the producer accepts the return of the plants or seeds.

  • Marginal note:Return by shipping

    (3) If the individual returns the substance by means of shipping it to the person who sold or provided it to them, they must

    • (a) ship it in a package that, having regard to the substance being shipped, meets the requirements of paragraph 93(1)(b) or 93(3)(a); and

    • (b) use a shipping method that meets the requirements of paragraph 93(1)(c).

  • Marginal note:Return to licensed producer

    (4) If the individual returns the substance to the licensed producer who sold or provided it to them, they must do so by shipping it to the producer’s site in accordance with paragraphs (3)(a) and (b).

DIVISION 4Sale or Provision by a Licensed Producer to a Person Other than a Client

Marginal note:Order required — cannabis
  •  (1) A licensed producer must not sell or provide cannabis under subsection 22(2) unless the producer has first received a written order in accordance with subsection (3) from

    • (a) in the case of a licensed dealer or another licensed producer, an individual who is authorized to place an order for cannabis on behalf of that dealer or producer; and

    • (b) in any other case, the person to whom the cannabis is to be sold or provided in accordance with the Act and this Part.

  • Marginal note:Fresh or dried marihuana or cannabis oil

    (2) A licensed producer must not sell or provide fresh or dried marihuana or cannabis oil under subparagraph 22(4)(a)(ii) or (iii) unless the producer has first received a written order in accordance with subsection (3) from

    • (a) in the case referred to in subparagraph 22(4)(a)(ii), a pharmacist practising in the hospital or a health care practitioner authorized to place orders for that substance on behalf of the hospital; and

    • (b) in the case referred to in subparagraph 22(4)(a)(iii), the person to whom that substance is to be sold or provided.

  • Marginal note:Requirements

    (3) The written order must

    • (a) be signed and dated by a person described in subsection (1) or (2) and indicate their name;

    • (b) indicate the shipping address in Canada; and

    • (c) specify the substance being ordered and include the following information:

      • (i) in the case of fresh or dried marihuana or cannabis oil, its quantity and brand name, or

      • (ii) in the case of cannabis other than cannabis referred to in subparagraph (i), its quantity, description and, if applicable, brand name.

  • Marginal note:Signature

    (4) A licensed producer must verify in a reasonable manner the identity of the person who placed the order if the signature on the order is not known to the producer.

  • Marginal note:Definition — pharmacist

    (5) In this section, pharmacist means a pharmacist as defined in section 2 of the Narcotic Control Regulations who is not named in a notice issued under section 48 of those Regulations that has not been retracted under section 49 of those Regulations.

Marginal note:Shipping

 In filling an order referred to in subsection 149(2), a licensed producer must not transfer physical possession of the fresh or dried marihuana or cannabis oil to the person to whom it is sold or provided other than by shipping it to them.

Marginal note:Refusal
  •  (1) A licensed producer must refuse to fill an order referred to in subsection 149(1) or (2) if

    • (a) the order does not meet the requirements of subsection 149(3); or

    • (b) in the circumstances described in subsection 149(4), the identity of the person cannot be verified.

  • Marginal note:Notice of refusal to fill order

    (2) The licensed producer must send the person who placed the order a written notice of the reason for the refusal.

DIVISION 5Record Keeping by Licensed Producers

Transactions

Marginal note:Cannabis received

 Except in the case referred to in section 157, a licensed producer who receives cannabis must record the following information:

  • (a) the name of the person from whom it was received;

  • (b) the address of the site at which it was received;

  • (c) the date on which it was received; and

  • (d) an indication of which substance was received, as well as the following information:

    • (i) in the case of fresh or dried marihuana or cannabis oil, the quantity and, if applicable, brand name, or

    • (ii) in the case of cannabis other than cannabis referred to in subparagraph (i), its quantity, description, intended use and, if applicable, brand name.

Marginal note:Imported substances

 A licensed producer who imports marihuana or a substance referred to in paragraph 22(3)(c) must retain a copy of the declaration required by section 98 and of the export permit issued by a competent authority in the country of export.

 
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