Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-05-07 and last amended on 2019-01-15. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

Non-application

Marginal note:Drugs containing cannabis

 This Part does not apply in respect of a drug containing cannabis.

Possession

Marginal note:Possession in public place — adults

  •  (1) The following individuals are authorized to possess, in a public place, cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section:

    • (a) an adult who is registered with a holder of a licence for sale on the basis of a medical document;

    • (b) an adult who is a registered person;

    • (c) an adult who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital;

    • (d) an adult who is named in a registration document or a registration certificate as being responsible for an individual referred to in paragraph (a) or (b) or 267(1)(a) or (b) and who possesses the cannabis for the medical purposes of that individual;

    • (e) an adult who is responsible for an individual referred to in paragraph (c) or 267(1)(c) and who possesses the cannabis for the medical purposes of that individual; and

    • (f) an adult who possesses the cannabis in the presence of an individual referred to in paragraph (a), (b) or (c) or 267(1)(a), (b) or (c) for the purpose of providing assistance in administering it to the individual.

  • Marginal note:Client registered on basis of medical document

    (2) The maximum amount of cannabis that an adult referred to in paragraph (1)(a) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Registered person

    (3) The maximum amount of cannabis that an adult referred to in paragraph (1)(b) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Hospital patient

    (4) The maximum amount of cannabis that an adult referred to in paragraph (1)(c) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Responsible adult

    (5) The maximum amount of cannabis that an adult referred to in paragraph (1)(d) or (e) is authorized to possess in a public place, for the medical purposes of the individual for whom they are responsible, is the maximum amount that the individual is authorized to possess under subsection (2), (3) or (4) or 267(2), (3) or (4), as the case may be.

  • Marginal note:Adult providing assistance

    (6) The maximum amount of cannabis that an adult referred to in paragraph (1)(f) is authorized to possess in a public place, for the purpose of providing assistance in administering cannabis to the individual referred to in that paragraph, is an amount equivalent to the lesser of

    • (a) the daily quantity of dried cannabis indicated in the individual’s registration document or registration certificate or on the hospital label that is applied to the container in which the cannabis was provided to or for the individual, as the case may be, or in the case where the individual has more than one registration document, or one or more registration documents and a registration certificate, the total of the daily quantities, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Exception

    (7) This section does not authorize an adult who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis.

Marginal note:Possession — young persons

  •  (1) The following young persons are authorized to possess cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section:

    • (a) a young person who is registered with a holder of a licence for sale on the basis of a medical document;

    • (b) a young person who is a registered person; and

    • (c) a young person who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital.

  • Marginal note:Client registered on basis of medical document

    (2) The maximum amount of cannabis that a young person referred to in paragraph (1)(a) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Registered person

    (3) The maximum amount of cannabis that a young person referred to in paragraph (1)(b) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Hospital patient

    (4) The maximum amount of cannabis that a young person referred to in paragraph (1)(c) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

    • (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and

    • (b) 150 g of dried cannabis.

  • Marginal note:Exception

    (5) This section does not authorize a young person who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis.

Marginal note:Cumulative quantities

 Any quantity of cannabis that an individual is authorized to possess under section 266 or 267 is in addition to any other quantity of cannabis that the individual may possess under the Act.

Distribution

Marginal note:Distribution of cannabis

  •  (1) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(d) or (e) is authorized to distribute — but not send or otherwise indirectly make available — to the individual for whom they are responsible, or transport for that individual, a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(5).

  • Marginal note:Assistance by adult

    (2) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(f) is authorized to administer, give, transfer, provide or otherwise directly make available to the individual to whom the assistance is being provided a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(6).

Non-application of Section 71 of Act

Marginal note:Non-application of section 71 of Act

 Despite section 71 of the Act, an authorization to possess, sell, distribute or produce cannabis that is conferred by this Part on an adult referred to in paragraphs 266(1)(a) to (f), a young person referred to in paragraphs 267(1)(a) to (c) or a designated person does not authorize an employee or agent or mandatary of the adult, young person or designated person — or a person who is acting under a contract with the adult, young person or designated person — to do anything that is prohibited by a provision of Division 1 of Part 1 of the Act.

Health Care Practitioners

Marginal note:Prohibition

 A health care practitioner must not provide a medical document or issue a written order except as authorized under this Part.

Marginal note:Authorization — health care practitioner

  •  (1) A health care practitioner is authorized, in respect of an individual who is under their professional treatment and if cannabis is required for the condition for which the individual is receiving treatment,

    • (a) to provide a medical document;

    • (b) while practising in a hospital, to issue a written order;

    • (c) to administer to the individual a cannabis product, other than cannabis plants or cannabis plant seeds; or

    • (d) to transfer to the individual, or to an adult who is responsible for them, a cannabis product, other than cannabis plants or cannabis plant seeds,

      • (i) that has been received from a holder of a licence for sale or a licence for processing, and

      • (ii) in respect of which the quantity of cannabis does not exceed the quantity that the individual or adult is authorized to possess under section 266 or 267, as the case may be.

  • Marginal note:Possession in public place

    (2) A health care practitioner is authorized to possess a cannabis product, other than cannabis plants or cannabis plant seeds, in a public place if they have obtained it under the Act and require it for the practice of their profession in the province where they possess it.

 
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