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

Regulations are current to 2017-06-19 and last amended on 2017-02-13. Previous Versions

Marginal note:Location and type of production
  •  (1) A person who is authorized by a registration to produce cannabis

    • (a) may only produce marihuana plants at the authorized site for the production of marihuana plants;

    • (b) may only produce cannabis, other than marihuana plants, at the site for the production of marihuana plants or at the site for the storage of cannabis;

    • (c) must not cultivate, harvest or propagate marihuana partly indoors and partly outdoors simultaneously; and

    • (d) must not cultivate, harvest or propagate marihuana outdoors if the production site is adjacent to a school, public playground, day-care facility or other public place frequented mainly by persons under 18 years of age.

  • Marginal note:Exception

    (2) A registered person or an individual responsible for them may produce a quantity of cannabis, other than marihuana plants, at a location other than one specified in paragraph (1)(b) if the quantity produced does not exceed the equivalent of the maximum quantity of dried marihuana that they may possess under paragraph 178(2)(f).

  • Marginal note:Transport of plants

    (3) If marihuana plants are shipped by a licensed producer to the site for the storage of cannabis, the person who is authorized by the registration to produce cannabis must transport the plants directly from that site to the site for the production of marihuana plants within seven days after the day on which the plants are received.

Marginal note:Storage at specified site

 A person who is authorized by a registration to produce cannabis may store cannabis, other than marihuana plants, only indoors at the site authorized in the registration for that purpose.

Marginal note:Inspection
  •  (1) To verify that the production of cannabis is in accordance with these Regulations and a registration, an inspector may, at any reasonable time, enter any place where the inspector believes on reasonable grounds that cannabis is being produced or stored by a registered person or a designated person, and may, for that purpose,

    • (a) open and examine any receptacle or package found there that could contain cannabis;

    • (b) examine anything found there that is used or may be capable of being used to produce or store cannabis;

    • (c) examine any substance found there and, for the purpose of analysis, take samples; and

    • (d) seize and detain, in accordance with Part IV of the Act, any substance found there, if the inspector believes, on reasonable grounds, that it is necessary.

  • Marginal note:Consent

    (2) An inspector may not enter a dwelling place without the consent of an occupant of the dwelling place.

  • Marginal note:Provisions of the Act

    (3) Subsections 31(6) to (9) of the Act apply, with the necessary modifications, to an inspection under this section.

DIVISION 3General Obligations

Marginal note:Security
  •  (1) A registered person or, if applicable, an individual who is responsible for them must maintain measures necessary to ensure the security of the cannabis in their possession and the registration certificate.

  • Marginal note:Reporting loss or theft

    (2) In the case of the loss or theft of cannabis or the registration certificate, the registered person or the individual who is responsible for them must

    • (a) within the 24 hours after becoming aware of the occurrence, notify a police force; and

    • (b) within the next 72 hours after becoming aware of the occurrence, notify the Minister, in writing, and include confirmation that the notice required under paragraph (a) has been given.

  • Marginal note:Designated person

    (3) The requirements specified in subsections (1) and (2) also apply to a designated person in regard to cannabis in their possession and the document referred to in paragraph 178(3)(b).

Marginal note:Cancellation of registration
  •  (1) Subject to section 198, the Minister must cancel a registration if

    • (a) the registered person is not eligible under section 174;

    • (b) the designated person is not eligible under section 176;

    • (c) the registered person or designated person has contravened section 193;

    • (d) the registration was issued on the basis of false or misleading information;

    • (e) the health care practitioner who provided the medical document to the registered person notifies the Minister in writing that the use of dried marihuana by the person is no longer supported for clinical reasons;

    • (f) the health care practitioner who provided the medical document to the registered person is named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations;

    • (g) the registered person or an individual who is responsible for them requests the Minister to cancel the registration; or

    • (h) the registered person dies or ceases to ordinarily reside in Canada.

  • Marginal note:Cancelling excess registrations

    (2) Subject to section 198, if a site for the production of marihuana plants is authorized under more than four registrations, the Minister must cancel the excess registrations.

  • Marginal note:Communication to licensed producer

    (3) If a registration is cancelled and the Minister is aware that the registration has formed the basis for registering with a licensed producer under Part 1, the Minister must notify the producer of the cancellation and provide them with the following information:

    • (a) the given name and surname of the person named in the cancelled registration;

    • (b) the person’s date of birth;

    • (c) the registration number of the cancelled registration; and

    • (d) the date of the cancellation.

  • Marginal note:Effect of cancellation

    (4) For greater certainty, if a registration is cancelled, the production of cannabis under the registration ceases to be authorized.

Marginal note:Notice of cancellation

 The Minister must not cancel a registration , unless

  • (a) the Minister has sent the registered person a notice of the reasons for the proposed cancellation and has given them an opportunity to be heard;

  • (b) the Minister has sent the designated person, if any, a notice of the proposed cancellation; and

  • (c) the failure that gave rise to the proposed cancellation is not rectified.

Marginal note:Destruction of cannabis — registered person
  •  (1) A registered person who ceases to be authorized to produce marihuana plants under their registration must discontinue production of those plants and, subject to subsection (2), destroy all cannabis in their possession.

  • Marginal note:Exception

    (2) The registered person is not required to destroy cannabis that is not in excess of the equivalent of the maximum quantity of dried marihuana that they may possess under paragraph 178(2)(f).

Marginal note:Destruction of cannabis — designated person
  •  (1) A designated person who ceases to be authorized to produce cannabis under a registration must discontinue production of cannabis and, subject to subsection (2), destroy all cannabis in their possession.

  • Marginal note:Exception

    (2) The person may, before destroying cannabis, transport, transfer, give or deliver, without delay, directly to the registered person, or an individual who is responsible for them, 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:Destruction of cannabis — change in production area

 If a registration is amended under section 182 or at the time of the renewal to reflect a change in the production area, the person authorized to produce cannabis must destroy

  • (a) any marihuana plants under production that are in excess of the maximum number of plants that may be produced under the registration, as amended; and

  • (b) any cannabis that they are storing that is in excess of the equivalent of the maximum quantity of dried marihuana that may be stored under the registration, as amended.

 
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