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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2020-01-27 and last amended on 2019-12-09. Previous Versions

PART 8Drugs Containing Cannabis (continued)

DIVISION 2Possession, Pharmacists, Practitioners and Hospitals (continued)

General Provisions (continued)

Marginal note:Exemption — section 21 of Act

 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

 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

 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

 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

 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

 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

 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

 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

 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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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