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:Police enforcement

 If, under the Controlled Drugs and Substances Act (Police Enforcement) Regulations, a member of a police force or a person acting under the direction and control of the member is, in respect of the conduct of the member or person, exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act, the member or person is, in respect of that conduct, exempt from the application of these Regulations.

Marginal note:Alteration of documents

 It is prohibited to mark, alter or deface a medical document or other document issued under these Regulations.

Marginal note:Providing assistance in administration of substance
  •  (1) While in the presence of a person who has obtained fresh or dried marihuana or cannabis oil — or who has produced or obtained a product referred to in paragraph 4(1)(b) or (c) — for their own medical purposes, another person may, for the purpose of providing assistance in the administration of the substance to that person, possess that substance.

  • Marginal note:Possession limit

    (2) The person providing assistance must not possess a total quantity of substances that exceeds the equivalent of

    • (a) in the case of fresh or dried marihuana or cannabis oil, the daily quantity of dried marihuana that the other person is authorized to possess, namely the quantity referred to in paragraph 8(1)(d) of these Regulations or subparagraph 65.2(c)(iii) of the Narcotic Control Regulations; or

    • (b) in the case of a product referred to in paragraph 4(1)(b) or (c), 5 g of dried marihuana.

Marginal note:Demonstrate authority to possess or produce

 An individual who, in accordance with these Regulations, possesses or produces fresh or dried marihuana, cannabis oil or marihuana plants or seeds or a product referred to in paragraph 4(1)(b) or (c) must, on demand, demonstrate to a police officer that the possession or production is authorized.

Marginal note:Prohibition — obtaining from more than one source
  •  (1) It is prohibited to seek or obtain fresh or dried marihuana, cannabis oil or marihuana plants or seeds from more than one source at a time on the basis of the same medical document.

  • Marginal note:Exception

    (2) However, a registration certificate issued by the Minister under Part 2 on the basis of a medical document may be used to

    • (a) obtain an interim supply of fresh or dried marihuana or cannabis oil from a single licensed producer; and

    • (b) obtain marihuana plants or seeds from one or more licensed producers.

PART 1Commercial Production

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    advertisement

    advertisement has the same meaning as in subsection 2(1) of the Narcotic Control Regulations. (annonce)

    brand name

    brand name means, with reference to cannabis, the name, in English or French,

    • (a) that is assigned to it;

    • (b) that is used to distinguish it; and

    • (c) under which it is sold, provided or advertised. (marque nominative)

    client

    client means a person who is registered as a client with a licensed producer under section 133. (client)

    competent authority

    competent authority has the same meaning as in subsection 2(1) of the Narcotic Control Regulations. (autorité compétente)

    delta-9-tetrahydrocannabinol

    delta-9-tetrahydrocannabinol means Δ9-tetrahydrocannabinol ((6aR, 10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-ol). (delta-9-tétrahydrocannabinol)

    hospital

    hospital has the same meaning as in subsection 2(1) of the Narcotic Control Regulations. (hôpital)

    immediate container

    immediate container means the container referred to in section 80. (contenant immédiat)

    international obligation

    international obligation means an obligation in respect of cannabis set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

    pest control product

    pest control product has the same meaning as in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)

    responsible person in charge

    responsible person in charge means, for the purposes of Division 1 of this Part, the person designated under paragraph 32(1)(b). (personne responsable)

    Security Directive

    Security Directive means the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances) published by the Department of Health, as amended from time to time. (Directive en matière de sécurité)

    senior person in charge

    senior person in charge means the person designated under paragraph 32(1)(a). (responsable principal)

    site

    site means

    • (a) a building or a place in a building used by a licensed producer; or

    • (b) an area occupied exclusively by buildings used by a licensed producer. (installation)

  • Marginal note:Producer’s site

    (2) In this Part, a reference to the site of a licensed producer is a reference to the site specified in the producer’s licence.

General Provisions

Marginal note:Marihuana
  •  (1) Marihuana must not be sold or provided under this Part

    • (a) with any additives; or

    • (b) in any dosage form, such as in a roll or capsule.

  • Definition of additive

    (2) For the purposes of paragraph (1)(a), additive means anything other than marihuana but does not include any residue of a pest control product or its components or derivatives unless the amount of the residue exceeds any maximum residue limit specified for the product, component or derivative under section 9 or 10 of the Pest Control Products Act.

Marginal note:Cannabis oil
  •  (1) Cannabis oil must not be sold or provided under this Part

    • (a) with any additives other than those that are necessary to maintain the product’s quality and stability; or

    • (b) in any dosage form other than a capsule or similar dosage form.

  • Definition of additive

    (2) For the purposes of paragraph (1)(a), additive does not include any residue of a pest control product or its components or derivatives unless the amount of the residue exceeds any maximum residue limit specified for the product, component or derivative under section 9 or 10 of the Pest Control Products Act.

Marginal note:Notice of refusal or revocation

 If the Minister proposes to refuse to issue, amend or renew a licence or permit or proposes to revoke a licence or permit, other than in the case of a revocation under section 45 or subsection 47(4), 101(1) or 108(1), the Minister must

  • (a) send the applicant or the holder of the licence or permit a notice that sets out the reasons for the refusal or revocation; and

  • (b) give the applicant or holder an opportunity to be heard in respect of the refusal or revocation.

Marginal note:Inspection of site

 In order to confirm any information submitted in support of an application for a licence or an amendment or renewal of a licence, an inspector may, at a time during normal business hours and with the reasonable assistance of the applicant, inspect the site in respect of which the application was made.

 
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