Marihuana Medical Access Regulations

1 (1) The following definitions apply in these Regulations.

Act

Act means the Controlled Drugs and Substances Act. (Loi)

adverse drug reaction

adverse drug reaction[Repealed, SOR/2005-177, s. 1]

authorization to possess

authorization to possess means an authorization to possess dried marihuana issued under section 11. (autorisation de possession)

category 1 symptom

category 1 symptom means any symptom treated within the context of compassionate end-of-life care or a symptom set out in column 1 of the schedule that is associated with a medical condition set out in column 2 or with the medical treatment of that condition. (symptôme de catégorie 1)

category 2 symptom

category 2 symptom means a debilitating symptom that is associated with a medical condition or with the medical treatment of that condition and that is not a category 1 symptom. (symptôme de catégorie 2)

category 3 symptom

category 3 symptom[Repealed, SOR/2005-177, s. 1]

conventional treatment

conventional treatment means, in respect of a symptom, a medical or surgical treatment that is generally accepted by the Canadian medical community as a treatment for the symptom. (traitement conventionnel)

designated drug offence

designated drug offence means

• (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

• (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

• (c) an offence under Part I of the Act, except subsection 4(1); or

• (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to or any counselling in relation to an offence referred to in any of paragraphs (a) to (c). (infraction désignée en matière de drogue)

designated marihuana offence

designated marihuana offence means

• (a) an offence, in respect of marihuana, against section 5 of the Act, or against section 6 of the Act except with respect to importation; or

• (b) a conspiracy or an attempt to commit or being an accessory after the fact in relation to or any counselling in relation to an offence referred to in paragraph (a). (infraction désignée relativement à la marihuana)

designated person

designated person means the person designated, in an application made under section 37, to produce marihuana for the applicant. (personne désignée)

designated-person production licence

designated-person production licence means a licence issued under section 40. (licence de production à titre de personne désignée)

dried marihuana

dried marihuana means harvested marihuana that has been subjected to any drying process. (marihuana séchée)

licence to produce

licence to produce means either a personal-use production licence or a designated-person production licence. (licence de production)

licensed dealer

licensed dealer has the same meaning as in section 2 of the Narcotic Control Regulations. (distributeur autorisé)

marihuana

marihuana means the substance referred to as Cannabis (marihuana) in subitem 1(2) of Schedule II to the Act. (marihuana)

medical practitioner

medical practitioner means a person who is authorized under the laws of a province to practise medicine in that province and who is not named in a notice given under section 59 of the Narcotic Control Regulations. (médecin)

medical purpose

medical purpose means the purpose of mitigating a person’s category 1 or 2 symptom identified in an application for an authorization to possess. (fins médicales)

personal-use production licence

personal-use production licence means a licence issued under section 29. (licence de production à des fins personnelles)

production area

production area means the place where the production of marihuana is conducted, that is

• (a) entirely indoors;

• (b) entirely outdoors; or

• (c) partly indoors and partly outdoors. (aire de production)

specialist

specialist means a medical practitioner who is recognized as a specialist by the medical licensing authority of the province in which the practitioner is authorized to practise medicine. (spécialiste)

terminal illness

terminal illness[Repealed, SOR/2005-177, s. 1]

(2) For the purpose of sections 28 and 53, a site for the production of marihuana is considered to be adjacent to a place if the boundary of the land on which the site is located has at least one point in common with the boundary of the land on which the place is located.