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:Grounds for refusal — designated person

 In the case of an application for a registration for production by a designated person or an application to renew or amend such a registration, the Minister must refuse to register the applicant or to renew or amend the registration

  • (a) if the person is not eligible under section 176; or

  • (b) for any reason referred to in paragraphs 184(b) to (d).

Marginal note:Notice of refusal

 If the Minister proposes to refuse to register an applicant or to renew or amend a registration under any of sections 183 to 185, the Minister must

  • (a) notify the applicant in writing of the reason for the proposed refusal; and

  • (b) give the applicant an opportunity to be heard.

DIVISION 2Production

Authorized Activities

Marginal note:Registered person — production for own medical purposes

 A registered person whose registration authorizes them to produce cannabis for their own medical purposes may, in accordance with their registration and the provisions of this Part,

  • (a) produce for their own medical purposes marihuana plants or cannabis other than marihuana plants;

  • (b) store, for their own medical purposes, a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that may be stored under the registration;

  • (c) transport directly, from the site for the storage of cannabis to the site for the production of marihuana plants, a total quantity of marihuana plants and seeds 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 registration;

  • (d) if the site for the production of marihuana plants is different from the place where the registered person ordinarily resides, transport directly from that site to that place a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that may be stored under the registration; and

  • (e) if there is a change in the location of the site for the production of marihuana plants or the site for the storage of cannabis, transport cannabis directly from the former site to the new site.

Marginal note:Registered person who has a designated person

 A registered person whose registration specifies a designated person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under the registration.

Marginal note:Designated person
  •  (1) A designated person may, in accordance with the registration and the provisions of this Part,

    • (a) produce, for the medical purposes of the registered person, marihuana plants or cannabis other than marihuana plants;

    • (b) store, for the purpose mentioned in paragraph (a), a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that may be stored under the registration;

    • (c) transport directly, from the site for the storage of cannabis to the site for the production of marihuana plants, a total quantity of marihuana plants and seeds 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 registration;

    • (d) if the site for the production of marihuana plants is different from the site for the storage of cannabis, transport directly from the first to the second site a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that may be stored under the registration;

    • (e) subject to subsection (2), if the site for the storage of cannabis is different from the place where the registered person ordinarily resides, transport directly or ship from that site to that place a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that the registered person may possess under paragraph 178(2)(f);

    • (f) if there is a change in the location of the site for the production of marihuana plants or the site for the storage of cannabis, transport cannabis directly from the former site to the new site; and

    • (g) provide or deliver for the registered person a quantity of cannabis not exceeding the equivalent of the maximum quantity of dried marihuana that the registered person may possess under paragraph 178(2)(f).

  • Marginal note:Security when shipping

    (2) A designated person shipping cannabis in the circumstances referred to in paragraph (1)(e) must take the measures specified in paragraphs 93(1)(b) and (c).

General Provisions

Marginal note:Maximum number of plants under production
  •  (1) In the formulas in subsection (2),

    A
    is the daily quantity of dried marihuana, expressed in grams, indicated in the medical document;
    C
    is a constant equal to 1, representing the growth cycle of a marihuana plant from seeding to harvesting; and
    D
    is the maximum number of marihuana plants that may be under production at the site for the production of marihuana plants under the registration.
  • Marginal note:Calculation

    (2) The maximum number of marihuana plants is determined according to whichever of the following formulas applies:

    • (a) if the production area is entirely indoors,

      D = [(A × 365) ÷ (B × 3C)] × 1.2

      where

      B
      is 30 grams, being the expected yield of dried marihuana per plant;
    • (b) if the production area is entirely outdoors,

      D = [(A × 365) ÷ (B × C)] × 1.3

      where

      B
      is 250 grams, being the expected yield of dried marihuana per plant; and
    • (c) if the production area is partly indoors and partly outdoors,

      • (i) for the indoor period

        D = [(A × 182.5) ÷ (B × 2C)] × 1.2

        where

        B
        is 30 grams, being the expected yield of dried marihuana per plant, and
      • (ii) for the outdoor period

        D = [(A × 182.5) ÷ (B × C)] × 1.3

        where

        B
        is 250 grams, being the expected yield of dried marihuana per plant.
  • Marginal note:Rounding

    (3) If the number determined for D is not a whole number, it is to be rounded to the next highest whole number.

Marginal note:Maximum quantity of dried marihuana in storage
  •  (1) In the formulas in subsection (2),

    E
    is
    • (a) if the production area is entirely indoors or outdoors, the maximum number of marihuana plants that the registered person or designated person is authorized to produce, calculated under paragraph 190(2)(a) or (b), whichever applies, or

    • (b) if the production area is partly indoors and partly outdoors, the maximum number of marihuana plants that the registered person or designated person is authorized to produce, calculated under subparagraph 190(2)(c)(ii); and

    F
    is the maximum quantity of dried marihuana, in grams, that may be stored under the registration.
  • Marginal note:Calculation

    (2) The maximum quantity of dried marihuana that may be stored under the registration is determined according to whichever of the following formulas applies:

    • (a) if the production area is entirely indoors,

      F = E × B × 1.5

      where

      B
      is 30 grams, being the expected yield of dried marihuana per plant;
    • (b) if the production area is entirely outdoors,

      F = E × B × 1.5

      where

      B
      is 250 grams, being the expected yield of dried marihuana per plant: and
    • (c) if the production area is partly indoors and partly outdoors,

      F = E × B × 1.5

      where

      B
      is 250 grams, being the expected yield of dried marihuana per plant.
Marginal note:Maximum quantity of cannabis in storage

 A person who is authorized by a registration to produce cannabis must not store a total quantity of fresh marihuana, dried marihuana and any products referred to in paragraphs 4(1)(b) and (c) that exceeds the equivalent of the maximum quantity of dried marihuana that may be stored under the registration, as calculated under section 191.

 
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