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Version of document from 2007-09-18 to 2009-05-13:

Marihuana Medical Access Regulations

SOR/2001-227

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 2001-06-14

Marihuana Medical Access Regulations

P.C. 2001-1146 2001-06-14

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances ActFootnote a, hereby makes the annexed Marihuana Medical Access Regulations.

Interpretation

  •  (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    adverse drug reaction[Repealed, SOR/2005-177, s. 1]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    category 3 symptom[Repealed, SOR/2005-177, s. 1]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.

  • SOR/2004-237, s. 29
  • SOR/2005-177, s. 1
  • SOR/2007-207, s. 1

PART 1Authorization to Possess

Authorized Activity

 The holder of an authorization to possess is authorized to possess dried marihuana, in accordance with the authorization, for the medical purpose of the holder.

Eligibility for Authorization to Possess

 A person is eligible to be issued an authorization to possess only if the person is an individual who ordinarily resides in Canada.

  • SOR/2007-207, s. 2(E)

Application for Authorization to Possess

  •  (1) A person seeking an authorization to possess dried marihuana for a medical purpose shall submit an application to the Minister.

  • (2) An application under subsection (1) shall contain

    • (a) a declaration of the applicant;

    • (b) a medical declaration made by the medical practitioner treating the applicant; and

    • (c) two copies of a current photograph of the applicant.

  • SOR/2003-387, s. 1
  • SOR/2005-177, s. 2

Applicant’s Declaration

  •  (1) The declaration of the applicant under paragraph 4(2)(a) must indicate

    • (a) the applicant’s name, date of birth and gender;

    • (b) the full address of the place where the applicant ordinarily resides as well as the applicant’s telephone number and, if applicable, facsimile transmission number and e-mail address;

    • (c) the mailing address of the place referred to in paragraph (b), if different;

    • (d) if the place referred to in paragraph (b) is an establishment that is not a private residence, the type and name of the establishment;

    • (e) that the authorization is sought in respect of marihuana to be

      • (i) produced by the applicant or a designated person, in which case the designated person must be named, or

      • (ii) obtained under section 70.2 from a licensed dealer producing marihuana under contract with Her Majesty in right of Canada or obtained from a medical practitioner under section 70.4;

    • (f) that the applicant is aware that no notice of compliance has been issued under the Food and Drug Regulations concerning the safety and effectiveness of marihuana as a drug;

    • (g) that the applicant has discussed the potential benefits and risks of using marihuana with the medical practitioner providing the medical declaration under paragraph 4(2)(b);

    • (h) that the applicant

      • (i) is aware that the benefits and risks associated with the use of marihuana are not fully understood and that the use of marihuana may involve risks that have not yet been identified, and

      • (ii) accepts the risks associated with using marihuana;

    • (i) if the daily amount stated under paragraph 6(1)(c) is more than five grams, that the applicant

      • (i) has discussed the potential risks associated with an elevated daily consumption of dried marihuana with the medical practitioner providing the medical declaration, including risks with respect to the effect on the applicant’s cardio-vascular and pulmonary systems and psychomotor performance, risks associated with the long-term use of marihuana as well as potential drug dependency, and

      • (ii) accepts those risks; and

    • (j) that marihuana will be used only for the treatment of the symptom stated for the applicant under paragraph 6(1)(b).

  • (2) The declaration must be dated and signed by the applicant attesting that the information contained in it is correct and complete.

  • SOR/2003-387, s. 2
  • SOR/2005-177, s. 3

Medical Declarations

  •  (1) The medical declaration under paragraph 4(2)(b) must indicate

    • (a) the medical practitioner’s name, business address and telephone number, facsimile transmission number and e-mail address if applicable, the province in which the practitioner is authorized to practise medicine and the number assigned by the province to that authorization;

    • (b) the name of the applicant, the applicant’s medical condition, the symptom that is associated with that condition or its treatment and that is the basis for the application and whether the symptom is a category 1 or 2 symptom;

    • (c) for the purpose of determining, under subsection 11(3), the maximum quantity of dried marihuana to be authorized, the daily amount of dried marihuana, in grams, and the form and route of administration that the applicant intends to use;

    • (d) the anticipated period of usage, if less than 12 months;

    • (e) that conventional treatments for the symptom have been tried or considered and have been found to be ineffective or medically inappropriate for the treatment of the applicant; and

    • (f) that the medical practitioner is aware that no notice of compliance has been issued under the Food and Drug Regulations concerning the safety and effectiveness of marihuana as a drug.

  • (2) In the case of a category 2 symptom, the medical declaration must also indicate

    • (a) if the medical practitioner making the medical declaration is a specialist, the practitioner’s area of specialization and that the area of specialization is relevant to the treatment of the applicant’s medical condition; and

    • (b) if the medical practitioner making the medical declaration is not a specialist,

      • (i) that the applicant’s case has been assessed by a specialist,

      • (ii) the name of the specialist,

      • (iii) the specialist’s area of specialization and that the area of specialization is relevant to the treatment of the applicant’s medical condition,

      • (iv) the date of the specialist’s assessment of the applicant’s case,

      • (v) that the specialist concurs that conventional treatments for the symptom are ineffective or medically inappropriate for the treatment of the applicant, and

      • (vi) that the specialist is aware that marihuana is being considered as an alternative treatment for the applicant.

  • SOR/2005-177, s. 4

 [Repealed, SOR/2003-387, s. 3]

 A medical declaration under paragraph 4(2)(b) must be dated and signed by the medical practitioner making it and must attest that the information contained in the declaration is correct and complete.

  • SOR/2003-387, s. 4
  • SOR/2005-177, s. 5

 [Repealed, SOR/2005-177, s. 6]

Photograph

 The photograph required under paragraph 4(2)(c) must clearly identify the applicant and must

  • (a) show a full front-view of the applicant’s head and shoulders against a plain contrasting background;

  • (b) have dimensions of at least 43 mm × 54 mm (1 11/16 inches × 2 1/8 inches) and not more than 50 mm × 70 mm (2 inches × 2 3/4 inches), and have a view of the applicant’s head that is at least 30 mm (1 3/8 inches) in length;

  • (c) show the applicant’s face unobscured by sunglasses or any other object; and

  • (d) be certified, on the reverse side, by the medical practitioner making the medical declaration under paragraph 4(2)(b) to be an accurate representation of the applicant.

  • SOR/2003-387, s. 5
  • SOR/2005-177, s. 7
  • SOR/2007-207, s. 3

Issuance of Authorization to Possess

  •  (1) Subject to section 12, if the requirements of sections 4 to 10 are met, the Minister shall issue to the applicant an authorization to possess for the medical purpose mentioned in the application, and shall provide notice of the authorization to the medical practitioner who made the medical declaration under paragraph 4(2)(b).

  • (2) The authorization shall indicate

    • (a) the name, date of birth and gender of the holder of the authorization;

    • (b) the full address of the place where the holder ordinarily resides;

    • (c) the authorization number;

    • (d) the name of the medical practitioner who made the medical declaration under paragraph 4(2)(b);

    • (e) the maximum quantity of dried marihuana, in grams, that the holder may possess at any time;

    • (f) the date of issue; and

    • (g) the date of expiry.

  • (3) The maximum quantity of dried marihuana referred to in paragraph (2)(e) or resulting from an amendment under subsection 20(1) is the amount determined according to the following formula:

    A × 30

    where A
    is the daily amount of dried marihuana, in grams, stated under paragraph 6(1)(c) or subparagraph 19(2)(d)(i), whichever applies.
  • SOR/2005-177, s. 8

Grounds for Refusal

  •  (1) The Minister shall refuse to issue an authorization to possess if

    • (a) the applicant is not eligible under section 3; or

    • (b) any information, statement or other item included in the application is false or misleading;

    • (c) [Repealed, SOR/2005-177, s. 9]

    • (d) [Repealed, SOR/2003-387, s. 6]

  • (2) If the Minister proposes to refuse to issue an authorization to possess, the Minister shall

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

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

  • SOR/2003-387, s. 6
  • SOR/2005-177, s. 9

Expiry of Authorization

 An authorization to possess expires 12 months after its date of issue or, if a shorter period is specified in the application for the authorization under paragraph 6(1)(d), at the end of that period.

Renewal of Authorization to Possess

  •  (1) An application to renew an authorization to possess shall be made to the Minister by the holder of the authorization and must include

    • (a) the authorization number; and

    • (b) the material required under sections 4 to 10.

  • (2) For the purpose of paragraph (1)(b), a photograph referred to in paragraph 4(2)(c) is required only with every fifth renewal application.

  • SOR/2003-387, s. 7
  • SOR/2005-177, s. 10

 [Repealed, SOR/2005-177, s. 11]

 Subject to section 18, if an application complies with section 14, the Minister shall renew the authorization to possess for the medical purpose mentioned in the application.

 The Minister shall refuse to renew an authorization to possess for any reason referred to in section 12.

  • SOR/2005-177, s. 12

Amendment of Authorization to Possess

  •  (1) An application to amend an authorization to possess shall be made to the Minister by the holder of the authorization when a change occurs with respect to

    • (a) the holder’s name;

    • (b) the holder’s address of ordinary residence or mailing address; or

    • (c) the daily amount of dried marihuana if the new amount requires an increase in the maximum quantity of dried marihuana, in grams, that the holder may possess at any time.

  • (2) The application must include

    • (a) the authorization number and, if applicable, the licence number of the licence to produce that has been issued on the basis of the authorization;

    • (b) the requested amendment;

    • (c) in the case of a change under paragraph (1)(a), proof of the change; and

    • (d) in the case of a change under paragraph (1)(c),

      • (i) a statement containing the information required under paragraph 6(1)(c), signed and dated by the medical practitioner who made the medical declaration under paragraph 4(2)(b), and

      • (ii) if the new daily amount is more than five grams, the statement required under paragraph 5(1)(i), signed and dated by the applicant.

  • SOR/2005-177, s. 13
  •  (1) Subject to subsection (2), if an application complies with section 19, the Minister shall amend the authorization to possess.

  • (2) The Minister shall refuse to amend an authorization to possess for any reason referred to in section 12.

  • SOR/2005-177, s. 13
  •  (1) If an authorization to possess is amended with respect to the name or address of the holder of the authorization, the Minister shall, if applicable, amend the licence to produce that was issued on the basis of the authorization.

  • (2) If an authorization to possess is amended with respect to the daily amount of dried marihuana, the Minister shall, if applicable, amend the licence to produce that was issued on the basis of the authorization to reflect the change in the maximum number of marihuana plants that the holder of the licence may produce and the maximum quantity of dried marihuana that the holder of the licence may keep.

  • SOR/2005-177, s. 13

 [Repealed, SOR/2005-177, s. 13]

Providing Assistance to Holder

 While in the presence of the holder of an authorization to possess and providing assistance in the administration of marihuana to the holder, the person providing the assistance may, for the purpose of providing the assistance, possess a quantity of dried marihuana not exceeding an amount equal to the maximum quantity of dried marihuana the holder is authorized to possess as set out in the authorization to possess, divided by 30.

  • SOR/2005-177, s. 14

PART 2Licence to Produce

Personal-use Production Licence

Authorized Activities

 The holder of a personal-use production licence is authorized to produce and keep marihuana, in accordance with the licence, for the medical purpose of the holder.

Eligibility for Licence

  •  (1) Subject to subsection (2), a person is eligible to be issued a personal-use production licence only if the person is an individual who ordinarily resides in Canada and who has reached 18 years of age.

  • (2) If a personal-use production licence is revoked under paragraph 63(2)(b), the person who was the holder of the licence is ineligible to be issued another personal-use production licence during the period of 10 years after the revocation,

  • SOR/2007-207, s. 4(E)

Application for Licence

[SOR/2005-177, s. 15]
  •  (1) An application for a personal-use production licence shall be considered only if it is made by a person who

    • (a) is the holder of an authorization to possess on the basis of which the licence is applied for; or

    • (b) is not the holder of an authorization to possess, but either has applied for an authorization to possess or is applying for an authorization to possess concurrently with the licence application.

  • (2) If paragraph (1)(b) applies, the Minister must grant or refuse the application for an authorization before considering the licence application.

  • SOR/2007-207, s. 5(E)
  •  (1) A person mentioned in subsection 26(1) who is seeking a personal-use production licence shall submit an application to the Minister.

  • (2) The application must include

    • (a) a declaration by the applicant; and

    • (b) if the proposed production site is not the applicant’s ordinary place of residence and is not owned by the applicant, a declaration dated and signed by the owner of the site consenting to the production of marihuana at the site.

  • (3) The application may not be made jointly with another person.

  • SOR/2007-207, s. 6(E)

Applicant’s Declaration

  •  (1) The declaration of the applicant under paragraph 27(2)(a) must indicate

    • (a) the applicant’s name, date of birth and gender;

    • (b) the full address of the place where the applicant ordinarily resides as well as the applicant’s telephone number and, if applicable, facsimile transmission number and e-mail address;

    • (c) the mailing address of the place referred to in paragraph (b), if different;

    • (d) if the applicant is the holder of an authorization to possess, the number of the authorization;

    • (e) the full address of the site where the proposed production of marihuana is to be conducted;

    • (f) the proposed production area;

    • (g) if the proposed production area involves outdoor production entirely or partly indoor and partly outdoor production, that the production site is not adjacent to a school, public playground, day care facility or other public place frequented mainly by persons under 18 years of age;

    • (h) that the dried marihuana will be kept indoors and indicating whether it is proposed to keep it at

      • (i) the proposed production site, or

      • (ii) the ordinary place of residence of the applicant, if different; and

    • (i) a description of the security measures that will be implemented at the proposed production site and the proposed site where dried marihuana will be kept.

  • (2) The declaration must be dated and signed by the applicant and attest that the information contained in it is correct and complete.

Issuance of Licence

  •  (1) Subject to section 32, if the requirements of sections 27 and 28 are met, the Minister shall issue a personal-use production licence to the applicant.

  • (2) The licence shall indicate

    • (a) the name, date of birth and gender of the holder of the licence;

    • (b) the full address of the place where the holder of the licence ordinarily resides;

    • (c) the licence number;

    • (d) the full address of the site where the production of marihuana is authorized;

    • (e) the authorized production area;

    • (f) the maximum number of marihuana plants that may be under production at the production site at any time;

    • (g) the full address of the site where the dried marihuana may be kept;

    • (h) the maximum quantity of dried marihuana, in grams, that may be kept at the site authorized under paragraph (g) at any time;

    • (i) the date of issue; and

    • (j) the date of expiry.

  • SOR/2007-207, s. 7(E)

Maximum Number of Plants

  •  (1) In the formulas in subsection (2),

    • (a) “A” is the daily amount of dried marihuana, in grams, stated under paragraph 6(1)(c) or subparagraph 19(2)(d)(i), whichever applies;

    • (b) “C” is a constant equal to 1, representing the growth cycle of a marihuana plant from seeding to harvesting; and

    • (c) “D” is the maximum number of marihuana plants referred to in subsection 21(2) and paragraphs 29(2)(f) and 40(2)(g).

  • (2) The maximum number of marihuana plants referred to in paragraph (1)(c) 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.
  • (3) If paragraph (2)(c) applies, the maximum number of marihuana plants for both periods of production shall be mentioned in the licence to produce.

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

  • SOR/2005-177, s. 17

Maximum Quantity of Dried Marihuana in Storage

  •  (1) In the formulas in subsection (2),

    • (a) “D” is,

      • (i) if the production area is entirely indoors or outdoors, the maximum number of marihuana plants that the holder of the licence to produce is authorized to produce, calculated under paragraphs 30(2)(a) or (b), whichever applies,

      • (ii) if the production area is partly indoors and partly outdoors, the maximum number of marihuana plants that the holder of the licence to produce is authorized to produce, calculated under subparagraph 30(2)(c)(ii); and

    • (b) “E” is the maximum quantity of dried marihuana mentioned in subsection 21(2) and in paragraphs 29(2)(h) and 40(2)(i).

  • (2) The maximum quantity of dried marihuana referred to in paragraph (1)(b) is determined according to whichever of the following formulas applies:

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

      E = D × 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,

      E = D × 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,

      E = D × B × 1.5

      where B
      is 250 grams, being the expected yield of dried marihuana per plant.
  • SOR/2005-177, s. 18

Grounds for Refusal

 The Minister shall refuse to issue a personal-use production licence if

  • (a) the applicant is not a holder of an authorization to possess;

  • (b) the applicant is not eligible under section 25;

  • (c) any information or statement included in the application is false or misleading;

  • (d) the proposed production site would be a site for the production of marihuana under more than three licences to produce; or

  • (e) the applicant would be the holder of more than one licence to produce.

Expiry of Licence

 A personal-use production licence expires on the earlier of

  • (a) 12 months after its date of issue, and

  • (b) the date of expiry of the authorization to possess held by the licence holder.

Designated-person Production Licence

Authorized Activities

  •  (1) The holder of a designated-person production licence is authorized, in accordance with the licence,

    • (a) to produce marihuana for the medical purpose of the person who applied for the licence;

    • (b) to possess and keep, for the purpose mentioned in paragraph (a), a quantity of dried marihuana not exceeding the maximum quantity specified in the licence;

    • (c) if the production site specified in the licence is different from the site where dried marihuana may be kept, to transport directly from the first to the second site a quantity of dried marihuana not exceeding the maximum quantity that may be kept under the licence;

    • (d) subject to subsection (1.1), if the site specified in the licence where dried marihuana may be kept is different from the place where the person who applied for the licence ordinarily resides, to send or transport directly from that site to the place of residence a quantity of dried marihuana not exceeding the maximum quantity specified in the authorization to possess on the basis of which the licence was issued; and

    • (e) to provide or deliver to the person who applied for the licence a quantity of dried marihuana not exceeding the maximum quantity specified in the authorization to possess on the basis of which the licence was issued.

  • (1.1) A holder of a designated-person production licence sending dried marihuana under paragraph (1)(d) shall

    • (a) securely pack the marihuana in a package that

      • (i) will not open or permit the escape of its contents during handling and transportation,

      • (ii) is sealed so that the package cannot be opened without the seal being broken,

      • (iii) prevents the escape of odour associated with the marihuana, and

      • (iv) prevents the contents from being identified without the package being opened; and

    • (b) use a method of sending that involves

      • (i) a means of tracking the package during transit,

      • (ii) obtaining a signed acknowledgment of receipt, and

      • (iii) safekeeping of the package during transit.

  • (2) [Repealed, SOR/2003-387, s. 8]

  • SOR/2003-387, s. 8
  • SOR/2005-177, s. 19
  • SOR/2007-207, s. 8(E)

Eligibility for Licence

 A person is eligible to be issued a designated-person production licence only if the person is an individual who ordinarily resides in Canada and who

  • (a) has reached 18 years of age; and

  • (b) has not been found guilty, as as adult, within the 10 years preceding the application, of

    • (i) a designated drug offence, or

    • (ii) an offence committed outside Canada that, if committed in Canada, would have constituted a designated drug offence.

  • SOR/2007-207, s. 9

Application for Licence

[SOR/2005-177, s. 20]
  •  (1) An application for a designated-person production licence shall be considered only if it is made by a person who

    • (a) is the holder of an authorization to possess on the basis of which the licence is applied for; or

    • (b) is not the holder of an authorization to possess, but either has applied for an authorization to possess or is applying for an authorization to possess concurrently with the licence application.

  • (2) If paragraph (1)(b) applies, the Minister must grant or refuse the application for an authorization before considering the licence application.

  •  (1) A person mentioned in subsection 36(1) who is seeking to have a designated-person production licence issued to a designated person shall submit an application to the Minister.

  • (2) The application must include

    • (a) a declaration by the applicant;

    • (b) a declaration by the designated person;

    • (c) if the proposed production site is not the applicant’s ordinary place of residence or of the designated person and is not owned by the applicant or the designated person, a declaration dated and signed by the owner of the site consenting to the production of marihuana at the site;

    • (d) a document issued by a Canadian police force establishing that, within the 10 years preceding the application, the designated person has not been convicted, as an adult, of a designated drug offence; and

    • (e) two copies of a current photograph of the designated person that complies with the standards specified in paragraphs 10(a) to (c), each of which is certified by the applicant, on the reverse side, to be an accurate representation of the designated person.

  • (3) The application may not be made jointly with another person.

  • SOR/2007-207, s. 10

Applicant’s Declaration

  •  (1) The declaration of the applicant under paragraph 37(2)(a) must

    • (a) include the information referred to in paragraphs 28(1)(a) to (d);

    • (b) indicate the name, date of birth and gender of the designated person;

    • (c) indicate the full address of the place where the designated person ordinarily resides as well as the designated person’s telephone number and, if applicable, facsimile transmission number and e-mail address; and

    • (d) indicate the mailing address of the place referred to in paragraph (c), if different.

  • (2) The declaration must be dated and signed by the applicant and attest that the information contained in the declaration is complete and correct.

Designated Person’s Declaration

  •  (1) The declaration of the designated person under paragraph 37(2)(b) must

    • (a) include the information referred to in paragraphs 28(1)(e) to (g) and (i);

    • (b) indicate that the dried marihuana will be kept indoors and whether it is proposed to keep it at:

      • (i) the proposed production site, or

      • (ii) the ordinary place of residence of the designated person, if the proposed production site is not the ordinary place of residence of the applicant; and

    • (c) indicate that, within the 10 years preceding the application, the designated person has not been convicted, as an adult, of

      • (i) a designated drug offence, or

      • (ii) an offence that, if committed in Canada, would have constituted a designated drug offence.

  • (2) The declaration must be dated and signed by the designated person and attest that the information contained in it is correct and complete.

  • SOR/2007-207, s. 11

Issuance of Licence

  •  (1) Subject to section 41, if the requirements of sections 37 to 39 are met, the Minister shall issue a designated-person production licence to the designated person.

  • (2) The licence shall indicate

    • (a) the name, date of birth and gender of the holder of the licence;

    • (b) the name, date of birth and gender of the person for whom the holder of the licence is authorized to produce marihuana and the full address of that person’s place of ordinary residence;

    • (c) the full address of the place where the holder of the licence ordinarily resides;

    • (d) the licence number;

    • (e) the full address of the site where the production of marihuana is authorized;

    • (f) the authorized production area;

    • (g) the maximum number of marihuana plants that may be under production at the production site at any time;

    • (h) the full address of the site where the dried marihuana may be kept;

    • (i) the maximum quantity of dried marihuana, in grams, that may be kept at the site authorized under paragraph (h) at any time;

    • (j) the date of issue; and

    • (k) the date of expiry.

  • SOR/2007-207, s. 12

Grounds for Refusal

 The Minister shall refuse to issue a designated-person production licence

  • (a) if the designated person is not eligible under section 35;

  • (b) [Repealed, SOR/2003-387, s. 9]

  • (b.1) if the designated person would be the holder of more than one licence to produce; or

  • (c) for any reason referred to in paragraphs 32(a) to (d).

  • SOR/2003-387, s. 9

Expiry of Licence

 A designated-person production licence expires on the earlier of

  • (a) 12 months after its date of issue, and

  • (b) the date of expiry of the authorization to possess on the basis of which the licence was issued.

General Provisions

Renewal of Licence to Produce

 An application to renew a licence to produce shall be made to the Minister by the person who applied for the licence and shall include

  • (a) the licence number; and

  • (b) the material required under sections 27 and 28 or under sections 37 to 39, whichever apply.

 Subject to section 45, if an application complies with section 43, the Minister shall renew the licence to produce.

 The Minister shall refuse an application to renew a licence to produce for any reason referred to in section 32 or 41, whichever applies.

Change of Production Site or Production Area

[SOR/2007-207, s. 13(F)]
  •  (1) A person who applied for a licence to produce shall submit an application to the Minister to amend the licence if the person proposes to change the location of the production site or the production area.

  • (2) The application under subsection (1) shall include

    • (a) the licence number;

    • (b) in the case of a proposed change in the location of the production site, the full address of the proposed new site and supporting reasons for the proposed change;

    • (c) in the case of a proposed change in the production area, the proposed new production area and supporting reasons for the proposed change; and

    • (d) the material required under sections 27 and 28 or sections 37 to 39, whichever apply.

  • SOR/2007-207, s. 14

 Subject to section 48, if an application complies with subsection 46(2), the Minister shall amend the licence to produce.

 The Minister shall refuse to amend a licence to produce for any reason referred to in section 32 or 41, whichever applies.

Change of Site Where Dried Marihuana Is Kept

[SOR/2007-207, s. 15(F)]
  •  (1) If the holder of a licence to produce proposes to change the location of the site where dried marihuana is kept, the holder shall apply to the Minister in writing, not less than 15 days before the intended effective date of the change.

  • (2) The application shall indicate

    • (a) the new site, selected from among those permitted under paragraph 28(1)(h) or 39(1)(b), whichever applies; and

    • (b) the intended effective date of the change.

  • (3) On receipt of an application that complies with subsection (2), the Minister shall amend the licence to reflect the change stated in the application.

  • SOR/2007-207, s. 16(F)

Notice of Change of Information

  •  (1) The holder of a licence to produce shall, within 10 days after the occurrence, notify the Minister in writing of

    • (a) a change in the holder’s name; or

    • (b) subject to subsection (2), a change in the holder’s address of ordinary residence.

  • (2) If the holder’s address of ordinary residence is also the address of the site for the production of marihuana under the licence, the holder shall make an application under section 46.

  • (3) A notice under paragraph (1)(a) must be accompanied by proof of the change.

  • (4) On receiving a notice under subsection (1), the Minister shall amend the licence accordingly.

  • SOR/2007-207, s. 17

 [Repealed, SOR/2005-177, s. 22]

Restrictions

 The holder of a licence to produce may produce marihuana only at the production site and production area authorized in the licence.

  • SOR/2007-207, s. 18

 The holder of a licence to produce shall not simultaneously produce marihuana partly indoors and partly outdoors.

  • SOR/2007-207, s. 18

 If the production area for a licence to produce permits the production of marihuana entirely outdoors or partly indoors and partly outdoors, the holder shall not produce 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.

 [Repealed, SOR/2003-387, s. 10]

 The holder of a licence to produce shall not produce marihuana in common with more than two other holders of licences to produce.

  • SOR/2003-387, s. 11

 The holder of a licence to produce may keep dried marihuana only indoors at the site authorized in the licence for that purpose.

 [Repealed, SOR/2003-387, s. 12]

Inspection

  •  (1) To verify that the production of marihuana is in conformity with these Regulations and a licence to produce, an inspector may, at any reasonable time, enter any place where the inspector believes on reasonable grounds that marihuana is being produced or kept by the holder of the licence to produce, and may, for that purpose,

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

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

    • (c) examine any records, electronic data or other documents found there dealing with marihuana, other than records dealing with the medical condition of a person, and make copies or take extracts;

    • (d) use, or cause to be used, any computer system found there to examine electronic data referred to in paragraph (c);

    • (e) reproduce, or cause to be reproduced, any document from electronic data referred to in paragraph (c) in the form of a printout or other output;

    • (f) take any document or output referred to in paragraph (c) or (e) for examination or copying;

    • (g) examine any substance found there and, for the purpose of analysis, take samples, as reasonably required; and

    • (h) 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.

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

  • (3) An inspector who seizes marihuana shall take such measures as are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the seized marihuana is being kept or stored.

  • (4) If an inspector determines that the detention of marihuana seized under paragraph (1)(h) is no longer necessary to ensure compliance with these Regulations, the inspector shall notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for the marihuana, shall return it to that person.

  • SOR/2007-207, s. 19

PART 3General Obligations

[SOR/2005-177, s. 23]

Documents

[SOR/2005-177, s. 23]
  •  (1) On demand, the holder of an authorization to possess must show proof of their authority to possess dried marihuana to a police officer.

  • (2) On demand, the holder of a licence to produce must show the licence to a police officer.

  • SOR/2005-177, s. 24(E)

 No one may add to, delete or obliterate from, or alter in any other way, an authorization to possess, a licence to produce or any other document provided to the holder of an authorization to possess or a licence to produce as proof of their authorization or licence.

  • SOR/2005-177, s. 25
  •  (1) If an authorization to possess, licence to produce or any other document provided to the holder of an authorization to possess or a licence to produce as proof of their authorization or licence is amended, the holder of the authorization or licence shall, within 30 days after receiving the amended document, return the replaced document to the Minister.

  • (2) If an authorization to possess or licence to produce is revoked, the holder of the authorization or licence shall, within 30 days after the revocation, return to the Minister the revoked document and any other document provided to the holder of the authorization or the licence as proof of their authorization or licence.

  • SOR/2005-177, s. 25
  • SOR/2007-207, s. 20(F)

Security and Reporting Loss or Theft

  •  (1) The holder of an authorization to possess or a licence to produce shall maintain measures necessary to ensure the security of the marihuana in their possession as well as the authorization or licence, or both, issued to them.

  • (2) In the case of the loss or theft of marihuana or of the holder’s authorization or licence, the holder of the authorization or licence shall, on becoming aware of the occurrence,

    • (a) within the next 24 hours, notify a member of a police force; and

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

Revocation

  •  (1) The Minister shall revoke the authorization to possess and any licence to produce issued on the basis of the authorization, if the holder of an authorization requests that the authorization be revoked.

  • (2) Subject to section 64, the Minister shall revoke an authorization to possess and any licence to produce issued on the basis of the authorization if

    • (a) the holder of the authorization is not eligible under section 3;

    • (b) the medical practitioner who made the medical declaration under paragraph 4(2)(b) for the holder of the authorization advises the Minister in writing that the continued use of marihuana by the holder is contraindicated.

    • (c) the authorization was issued on the basis of false or misleading information; or

    • (d) the photograph submitted under paragraph 4(2)(c) or section 14 as part of the application for the authorization or renewal is not an accurate representation of the holder of the authorization.

  • SOR/2003-387, s. 13
  • SOR/2005-177, s. 26
  •  (1) On request by the holder of a licence to produce, the Minister shall revoke the licence.

  • (2) Subject to section 64, the Minister shall revoke a licence to produce if

    • (a) the holder is not eligible under section 25 or 35, whichever applies;

    • (b) the holder of a personal-use production licence is found guilty of a designated marihuana offence committed after the date of issue of the licence;

    • (c) the holder of a designated-person production licence is found guilty of a designated drug offence committed after the date of issue of the licence;

    • (d) the holder of a licence to produce marihuana outdoors produces marihuana in contravention of section 53;

    • (e) the photograph submitted under paragraph 37(2)(e) or section 43 as part of the application for a designated-person production licence or renewal is not an accurate representation of the designated person; or

    • (f) the licence to produce was issued on the basis of false or misleading information.

 The Minister shall not revoke an authorization to possess or a licence to produce under section 62 or 63 unless

  • (a) the Minister has given the holder of the authorization or licence written notice of the reasons for the proposed revocation; and

  • (b) the holder has been given an opportunity to be heard.

Destruction of Marihuana

  •  (1) If an authorization to possess expires without being renewed or is revoked, the holder shall destroy all marihuana in their possession.

  • (2) If a licence to produce expires without being renewed or is revoked, the holder of the licence shall discontinue production of marihuana and, subject to section 66, destroy all marihuana in their possession.

  • (3) Within 10 days after destroying the marihuana, the holder of the authorization or the licence shall notify the Minister, in writing, of the amount of marihuana destroyed.

  •  (1) If a personal-use production licence expires without being renewed but the holder remains the holder of a valid authorization to possess, the holder is not required to destroy dried marihuana that is not in excess of the maximum quantity permitted under the authorization.

  • (2) If a designated-person production licence expires without being renewed but the authorization to possess on the basis of which the licence was issued remains valid, the holder of the licence, before destroying marihuana, may immediately transport, transfer, give or deliver directly to the holder of the authorization not more than a quantity of dried marihuana that results in the holder of the authorization being in possession of the maximum quantity permitted under the authorization.

  •  (1) If a licence to produce is amended under section 47 or at the time of the renewal to reflect a change in the production area, the holder of the licence must destroy any marihuana plants in production under the licence that are in excess of the maximum number of plants that may be produced under the licence, as amended.

  • (2) If a licence to produce is amended under section 47 or at the time of the renewal to reflect a change in the production area, the holder of the licence must destroy any dried marihuana kept under the licence that is in excess of the maximum quantity of marihuana that may be kept under the licence, as amended.

  • SOR/2007-207, s. 21

Complaints and Communication of Information

[SOR/2005-177, s. 27(E)]
  •  (1) An inspector shall receive and make a written record of any complaint from the public concerning a person who is a holder of an authorization to possess or licence to produce with respect to their possession or production of marihuana.

  • (2) The inspector shall report to the Minister any complaint recorded under subsection (1).

  • (3) The Minister is authorized to communicate to any Canadian police force or any member of a Canadian police force, any information contained in the report of the inspector, subject to that information being used only for the proper administration or enforcement of the Act or these Regulations.

  • SOR/2005-177, s. 28

 The Minister is authorized to communicate any of the following information to a Canadian police force or a member of a Canadian police force who requests the information in the course of an investigation under the Act or these Regulations, subject to that information being used only for the purpose of that investigation and the proper administration or enforcement of the Act or these Regulations:

  • (a) in respect of a named individual, whether the individual is the holder of an authorization to possess or a licence to produce;

  • (b) in respect of a specified address, whether the address is

    • (i) the place where the holder of an authorization to possess ordinarily resides and, if so, the name of the holder of the authorization and the applicable authorization number,

    • (ii) the site where the production of marihuana is authorized under a licence to produce and, if so, the name of the holder of the licence and the applicable licence number, or

    • (iii) the site where dried marihuana may be kept under a licence to produce and, if so, the name of the holder of the licence and the applicable licence number;

  • (c) in respect of an authorization to possess,

    • (i) the name, date of birth and gender of the holder of the authorization,

    • (ii) the full address of the place where the holder ordinarily resides,

    • (iii) the authorization number,

    • (iv) the maximum quantity of dried marihuana that the holder is authorized to possess,

    • (v) the dates of issue and expiry, and

    • (vi) if the authorization has expired, whether an application to renew the authorization has been made prior to the date of expiry and the status of the application; and

  • (d) in respect of a licence to produce,

    • (i) the name, date of birth and gender of the holder of the licence,

    • (ii) the full address of the place where the holder ordinarily resides,

    • (iii) the licence number,

    • (iv) the full address of the site where the production of marihuana is authorized,

    • (v) the authorized production area,

    • (vi) the maximum number of marihuana plants that may be under production at the production site at any time,

    • (vii) the full address of the site where dried marihuana may be kept,

    • (viii) the maximum quantity of dried marihuana that may be kept at the site referred to in subparagraph (vii) at any time,

    • (ix) the dates of issue and expiry, and

    • (x) if the licence has expired, whether an application has been made to renew the licence prior to the date of expiry and the status of the application.

  • SOR/2005-177, s. 29
  • SOR/2007-207, s. 22(E)

 The Minister may provide, in writing, any factual information that has been obtained about a medical practitioner under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the person to practise medicine

  • (a) in the province in which the medical practitioner is authorized to practise if

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

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

      • (A) contravened a rule of conduct established by the authority,

      • (B) been found guilty in a court of law of a designated drug offence, or

      • (C) made a false statement under these Regulations; or

  • (b) in a province where the medical practitioner is not authorized to practise, if the authority submits to the Minister

    • (i) a written request for information that sets out

      • (A) the name and address of the medical practitioner, and

      • (B) a description of the information being sought, and

    • (ii) documentation that shows that the medical practitioner has applied to that authority to practise in that province.

  • SOR/2007-207, s. 23(E)

PART 4Supply of Marihuana Seed and Dried Marihuana

Marihuana Seed

 The Minister is authorized to import and possess viable cannabis seed for the purpose of selling, providing, transporting, sending or delivering the seed to

  • (a) the holder of a licence to produce; or

  • (b) a licensed dealer.

  • SOR/2003-387, s. 14
  • SOR/2005-177, s. 30

 A licensed dealer producing viable cannabis seed under contract with Her Majesty in right of Canada may provide or send that seed to the holder of a licence to produce.

  • SOR/2003-387, s. 14
  • SOR/2005-177, s. 30

Dried Marihuana

 A licensed dealer producing dried marihuana under contract with Her Majesty in right of Canada may provide or send that marihuana to the holder of an authorization to possess.

  • SOR/2005-177, s. 30

 A pharmacist, as defined in section 2 of the Narcotic Control Regulations, may provide dried marihuana produced by a licensed dealer under contract with Her Majesty in right of Canada to the holder of an authorization to possess.

  • SOR/2005-177, s. 30

 A medical practitioner who has obtained dried marihuana from a licensed dealer under subsection 24(2) of the Narcotic Control Regulations may provide the marihuana to the holder of an authorization to possess under the practitioner’s care.

  • SOR/2005-177, s. 30

 The Minister may sell or provide dried marihuana produced in accordance with section 70.2 to the holder of an authorization to possess.

  • SOR/2005-177, s. 30

Narcotic Control Regulations

 [Amendment]

Transitional Provision

 If, on the coming into force of these Regulations, a person is, for a medical purpose, exempt under section 56 of the Act from the application of subsection 4(1) and, if applicable, section 7 of the Act in respect of marihuana, the person is, by virtue of this section, exempt from those provisions for a period of six months after the date of expiry for the section 56 exemption, on the same terms and conditions as those contained in the section 56 exemption except for any term or condition pertaining to the expiry date of the exemption.

Coming into Force

 These Regulations come into force on July 30, 2001.

SCHEDULE(Section 1)

CATEGORY 1 SYMPTOMS

Column 1Column 2
ItemSymptomAssociated Medical Conditions
1Severe nauseaCancer, AIDS/HIV infection
2Cachexia, anorexia, weight lossCancer, AIDS/HIV infection
3Persistent muscle spasmsMultiple sclerosis, spinal cord injury or disease
4SeizuresEpilepsy
5Severe painCancer, AIDS/HIV infection, multiple sclerosis, spinal cord injury or disease, severe form of arthritis
  • SOR/2005-177, s. 31
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