Cannabis Regulations (SOR/2018-144)

Security

Marginal note:Security obligations

158 A holder of a cannabis drug licence must

• (a) take reasonable steps to protect the cannabis they possess against theft or loss;

• (b) if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted operations,

  • (i) notify a police force within 24 hours after becoming aware of its theft or loss, and

  • (ii) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss; and

• (c) take any steps that are necessary to ensure the safekeeping of cannabis when distributing it.

DIVISION 2Possession, Pharmacists, Practitioners and Hospitals

General Provisions

Marginal note:Possession — Person

159 The following persons, if they have obtained a drug containing cannabis either in accordance with these Regulations, or from a person that is exempt under section 140 of the Act from the application of subsections 9(1) and (2) and 10(1) and (2) of the Act with respect to that drug, are authorized to possess the drug:

• (a) a pharmacist, a practitioner who is entitled to practise in the province in which they possess the drug or a holder of a cannabis drug licence, if they require the drug for their business or profession;

• (b) a practitioner who is entitled to practise in a province other than the province in which they possess the drug and their possession is for emergency medical purposes only;

• (c) a hospital employee or a practitioner in a hospital;

• (d) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has obtained the drug for their own use or for their animal from a practitioner or in accordance with a prescription that was not issued or obtained in contravention of these Regulations;

• (e) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has reasonable grounds to believe that the drug was obtained by another individual in accordance with paragraph (d) if the possession is for the purpose of its return or destruction;

• (f) a licensed dealer, if the possession is for the purpose of its destruction;

• (g) a person to which an exemption has been granted under section 140 of the Act with respect to the possession of that drug, if the possession is for a purpose set out in the exemption; or

• (h) the Minister.

Marginal note:Possession — quantity allowed

160 Any quantity of drug containing cannabis that an individual is authorized to possess under paragraph 159(d) or (e) is in addition to any other quantity of cannabis that the individual is authorized to possess under the Act.

Marginal note:Authorization

161 Subject to the other provisions of these Regulations, an individual referred to in paragraph 159(d) or (e) is authorized to distribute a drug containing cannabis to a pharmacist for its destruction.

Marginal note:Promotion — communication of brand name, etc.

162 Subject to the other provisions of these Regulations, a person is authorized to promote a prescription drug by communicating the brand name, the proper name, the common name, the price or the quantity of the drug.

Marginal note:Exemption — section 21 of Act

163 A person is exempt from the application of section 21 of the Act if they display, refer to or otherwise use the brand name of a prescription drug, or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility.

Marginal note:Exemption — section 22 of Act

164 A person is exempt from the application of section 22 of the Act if they display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity, the brand name of a prescription drug or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug.

Marginal note:Exemption — subsection 23(1) of Act

165 A person is exempt from the application of subsection 23(1) of the Act if they publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is authorized under sections 162 to 164.

Marginal note:Authorization – drug for veterinary use

166 Subject to the other provisions of these Regulations, a person that is authorized to sell a prescription drug for veterinary use may sell it in a package or with a label that sets out a depiction of a real or fictional animal that corresponds to the species of the animal for which the drug is intended.

Marginal note:Authorization — drug appealing to young person

167 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons.

Marginal note:Authorization — drug not in Schedule 4

168 Subject to the other provisions of these Regulations, a person authorized to sell a drug containing cannabis may sell a drug that is of a class that is not referred to in Schedule 4 to the Act.

Marginal note:Authorization — drug containing a substance in Schedule 5

169 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that contains any substance that is referred to in column 1 of Schedule 5 to the Act.

Pharmacists

Marginal note:Record keeping

170 A pharmacist who receives a prescription drug from a holder of a cannabis drug licence must enter the following in a record retained for such purposes:

• (a) the name and quantity of the drug received;

• (b) the date the drug was received; and

• (c) the name and address of the holder.

Marginal note:Sale, distribution and administration

171 Subject to the other provisions of these Regulations, a pharmacist is authorized to sell, distribute or administer a prescription drug to a person:

• (a) if the person is exempted under section 140 of the Act with respect to the possession of that drug; or

• (b) if the pharmacist sells, distributes or administers the drug

  • (i) in accordance with a written order or prescription signed and dated by a practitioner, and

  • (ii) after verifying the signature, if it is unknown to the pharmacist.

Marginal note:Return and destruction

• 172 (1) Subject to the other provisions of these Regulations, a pharmacist is authorized to sell or distribute a prescription drug, other than a drug referred to in section 173, in accordance with a written order, to

  • (a) the holder of a cannabis drug licence from which the pharmacist received the drug, if the drug is sold or distributed for the purpose of its return; and

  • (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction.

• Marginal note:Written order

  (2) The written order must contain

  • (a) the name, quantity and strength per unit of the drug; and

  • (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be.

• Marginal note:Record keeping

  (3) The pharmacist must prepare a record with respect to the drug that sets out

  • (a) its brand name, form, quantity and strength per unit;

  • (b) the address of the person to which it was sold or distributed; and

  • (c) the date on which it was sold or distributed.

Marginal note:Drug given by individual

• 173 (1) A pharmacist is authorized to sell or distribute to a licensed dealer a prescription drug that the pharmacist received from an individual referred to in paragraph 159(d) or (e) for the purpose of its destruction, if the drug is in a container that prevents the removal of the drug from the container and is marked in a manner that is sufficient to identify the container.

• Marginal note:Record keeping — pharmacist

  (2) The pharmacist must prepare a record, with respect to the drug, that sets out

  • (a) the number of containers distributed;

  • (b) the date on which each container is distributed;

  • (c) the identifying mark of each container; and

  • (d) the name and address of the licensed dealer to which each container is distributed.

• Marginal note:Record keeping — licensed dealer

  (3) The licensed dealer must prepare a record, with respect to the drug, that sets out

  • (a) the number of containers received;

  • (b) the date on which the container is received;

  • (c) the identifying mark of the container; and

  • (d) the name and address of the pharmacist from whom the container is received.

• Marginal note:Retention period

  (4) The pharmacist and the licensed dealer must retain the record for at least two years after the day on which the pharmacist distributes the drug or the licensed dealer receives the drug, as the case may be.

Marginal note:Prohibited activities

• 174 (1) Despite section 171, subsection 172(1) and section 175, it is prohibited for a pharmacist to

  • (a) sell or distribute a prescription drug to a pharmacist who is named in a notice issued under subsection 181(2) or (4);

  • (b) sell or distribute a prescription drug to a practitioner who is named in a notice issued under subsection 189(2) or (4); or

  • (c) fill a prescription or order for a prescription drug from such a practitioner.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to a pharmacist to whom the Minister has issued a notice of retraction under

  • (a) subsection 182(1), in respect of a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

  • (b) subsection 190(1), in respect of a practitioner who is named in a notice issued under subsection 189(2) or (4).

Marginal note:Distribution — hospital

• 175 (1) Subject to subsection (2), a pharmacist may distribute a prescription drug to a hospital employee or a practitioner in a hospital in accordance with a written order signed and dated by

  • (a) the pharmacist in charge of the hospital’s pharmacy; or

  • (b) a practitioner who is authorized by the individual in charge of the hospital to sign the order.

• Marginal note:Signature

  (2) Before distributing the prescription drug, the pharmacist receiving the order must verify the signature on the order, if it is unknown to them.

Marginal note:Security obligations

176 A pharmacist must, with respect to a drug containing cannabis on their premises or for which the pharmacist is responsible,

• (a) take reasonable steps to protect it against theft or loss; and

• (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss.

Marginal note:Record keeping

177 If, in accordance with a written order or prescription, a pharmacist dispenses a prescription drug, the pharmacist must retain a record of the following information:

• (a) their name or initials;

• (b) the name, initials and address of the practitioner who issued the order or prescription;

• (c) the name and address of the person for whom the drug was dispensed;

• (d) the name, quantity and form of the drug;

• (e) the date on which the pharmacist dispensed the drug; and

• (f) the number assigned to the order or prescription.

Marginal note:Sale and distribution for emergency purposes

• 178 (1) A pharmacist may sell or distribute a prescription drug for emergency purposes to another pharmacist in accordance with a written order that is signed and dated by the other pharmacist.

• Marginal note:Record keeping — selling and distributing

  (2) A pharmacist must, after selling or distributing a prescription drug under subsection (1) or after receiving such a drug under subsection (1) or subsection 193(3), enter the details of the transaction in a record retained for such purposes.

• Marginal note:Record keeping — removing, transporting and transferring

  (3) A pharmacist must, after removing, transporting or transferring a prescription drug from one place of business operated by the pharmacist to another, enter the details of the transaction in a record retained for such purposes.

Marginal note:Retention period

179 A pharmacist must retain the records which the pharmacist is required to retain under these Regulations for at least two years after the day on which they are prepared.

Marginal note:Factual information

180 The Minister must provide in writing any factual information about a pharmacist with respect to cannabis that has been obtained under the Act or the Controlled Drugs and Substances Act to the provincial professional licensing authority that is responsible for the authorization of individuals to practise their profession

• (a) in the province in which the pharmacist is or was entitled to practise if

  • (i) the authority submits to the Minister a written request that sets out the pharmacist’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority, or

  • (ii) the Minister has reasonable grounds to believe that the pharmacist has

    • (A) contravened, in relation to cannabis, a rule of conduct established by the authority,

    • (B) been convicted of a designated offence or a controlled substance offence in relation to cannabis,

    • (C) contravened these Regulations, or

    • (D) has contravened the Narcotic Control Regulations in relation to cannabis; or

• (b) in a province in which the pharmacist is not entitled to practise, if the authority submits to the Minister

  • (i) a written request that sets out the pharmacist’s name and address and a description of the information requested, and

  • (ii) a document that shows that

    • (A) the pharmacist has applied to that authority to practise in that province, or

    • (B) the authority has reasonable grounds to believe that the pharmacist is practising in that province without being authorized to do so.