Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2018-11-20 and last amended on 2018-10-17. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

DIVISION 1Holders of Licence for Sale (continued)

Sale of Cannabis to Clients

Marginal note:Authorization to sell

  •  (1) Subject to the other provisions of these Regulations, a holder of a licence for sale is authorized to sell cannabis products to a client — or, if applicable, to a named responsible adult — if the holder has received from the client or the named responsible adult

    • (a) a written purchase order that complies with subsection (2); or

    • (b) a verbal purchase order that has been recorded in accordance with subsection (3).

  • Marginal note:Written purchase order

    (2) A written purchase order must contain the following information:

    • (a) the date on which it is placed;

    • (b) the given name, surname and date of birth of the client;

    • (c) the given name and surname of the individual placing the order;

    • (d) the shipping address specified in the client’s registration document for the cannabis products that are being ordered;

    • (e) the client’s unique identifier; and

    • (f) the names assigned by the holder of the licence for sale to the cannabis products being ordered, the quantities desired and the brand names.

  • Marginal note:Verbal purchase order

    (3) The record of a verbal purchase order must be in writing and contain the following information:

    • (a) the information referred to in paragraphs (2)(a) to (f);

    • (b) an order number; and

    • (c) the name of the individual with whom the order was placed.

  • Marginal note:New medical document or registration certificate

    (4) For greater certainty,

    • (a) the authorization to sell cannabis products that is conferred by subsection (1) applies only in respect of the medical document or registration certificate that forms the basis for the client’s registration;

    • (b) if the client wishes to obtain cannabis products from the holder on the basis of a different medical document or registration certificate, they must submit to the holder a new registration application that meets the requirements set out in section 279 and be registered on the basis of that document or certificate; and

    • (c) sections 280 to 284 apply in respect of a registration application referred to in paragraph (b).

Marginal note:Refusal — purchase order

  •  (1) A holder of a licence for sale must refuse to fill a purchase order — and must not ask a holder of a licence for processing or cultivation to fill it — if

    • (a) the order does not meet the requirements of section 289;

    • (b) any of the information referred to in paragraph 289(2)(b), (c) or (d) does not correspond to the information set out in the client’s registration document;

    • (c) the client’s unique identifier referred to in paragraph 289(2)(e) is not correct;

    • (d) the client’s registration has expired or been revoked;

    • (e) the order specifies cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis exceed the equivalent of 150 g of dried cannabis;

    • (f) in the case of a client who is registered on the basis of a medical document, the order specifies a quantity of cannabis plants or cannabis plant seeds;

    • (g) the order specifies a total quantity of cannabis plants or cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection (2), exceeds the maximum number of plants, determined in accordance with section 325, that are authorized to be under production by virtue of the client’s registration with the Minister; or

    • (h) the order has been previously filled.

  • Marginal note:Seed-to-plant ratio

    (2) For the purpose of paragraph (1)(g), three cannabis plant seeds are equivalent to one cannabis plant.

  • Marginal note:Notice of refusal

    (3) If the holder of the licence refuses to fill a purchase order, they must, except in the case of a refusal for a reason referred to in paragraph (1)(d), send the client a written notice that sets out the reason for the refusal.

Marginal note:Sending or delivery — client

  •  (1) A holder of a licence for sale that sells a cannabis product under section 289 is authorized to send or deliver it to the relevant shipping address that is specified in the client’s registration document unless, in the case where the shipping address is the address of a health care practitioner,

    • (a) the holder has received a written notice from the health care practitioner indicating that they have ceased to consent to receive cannabis products on the client’s behalf; or

    • (b) the holder has received a notice issued by the Minister under section 335 that names the health care practitioner and that has not been retracted.

  • Marginal note:Prohibition

    (2) A holder of a licence for sale that receives a notice referred to in paragraph (1)(a) or (b) must not ask a holder of a licence for processing to send or deliver cannabis products to a client whose shipping address is the address of the health care practitioner who sent the notice or is named in it, as the case may be.

  • Marginal note:Notice to holder of processing licence

    (3) A holder of a licence for sale that has asked a holder of a licence for processing to send or deliver cannabis products to the address of a health care practitioner must, without delay, provide the holder of the processing licence with a written notice if, within 48 hours after making the request, the holder of the sale licence receives

    • (a) a notice referred to in paragraph (1)(a) from the health care practitioner; or

    • (b) a notice referred to in paragraph (1)(b) that names the health care practitioner.

  • Marginal note:Prohibition — licence for processing

    (4) A holder of a licence for processing that receives a notice under subsection (3) must not send or deliver the cannabis products that they had been asked to send or deliver.

Return and Replacement of Cannabis

Marginal note:Return of cannabis products

  •  (1) An individual to whom cannabis products are sold under section 289 — or a designated person to whom cannabis plants or cannabis plant seeds are sent or delivered under section 291 — may return the cannabis products if the holder of the licence for sale accepts the return.

  • Marginal note:Manner of return

    (2) The individual who is returning the cannabis products must, subject to subsection (3), send them or have them delivered to the holder of the licence for sale or the holder of a licence for processing or cultivation, as indicated by the holder of the licence for sale.

  • Marginal note:Health care practitioner

    (3) In the case of cannabis products that were transferred to the individual by a health care practitioner who had consented under subsection 280(1) to receive them, the individual who is returning the cannabis products may, with the consent of the health care practitioner, give them, send them or have them delivered to the health care practitioner.

  • Marginal note:Parcel — requirements

    (4) The individual who is returning the cannabis products must, if they are sending or having delivered cannabis plants — or other cannabis products in respect of which the total quantity of cannabis exceeds the equivalent of 30 g of dried cannabis,

    • (a) prepare the parcel in a manner that ensures the security of its contents, such that

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

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

      • (iii) except in the case of cannabis plants, it prevents the escape of cannabis odour, and

      • (iv) it prevents its contents from being identified without it being opened; and

    • (b) use a method that ensures the tracking and safekeeping of the parcel during transportation.

  • Marginal note:Return by health care practitioner

    (5) A health care practitioner must ensure that the requirements set out in paragraphs (4)(a) and (b) are met if they are sending or having delivered cannabis products referred to in subsection (4) that have been returned to them under subsection (3).

 
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