Cannabis for Medical Purposes/New Regulations{Health Canada}
As of August 24, 2016, the Access to Cannabis for Medical Purposes Regulations (ACMPR) will replace the Marihuana for Medical Purposes Regulations (MMPR). Legal access to dried marijuana for medical purposes was first provided in 1999 using unique section 56 exemptions under the Controlled Drugs and Substances Act (CDSA). The decision in R. v. Parker in 2000 held that individuals with a medical need had the right to possess marijuana for medical purposes.
What it means for health care practitioners:
The role of health care practitioners is unchanged by the introduction of the ACMPR. As with the previous regulations, an individual who requires cannabis for medical purposes must first get a medical document from an authorized health care practitioner.
What it means for individuals who require access to cannabis for medical purposes:
Individuals with a medical need, and who have the authorization of their health care practitioner, will now be able to access cannabis in three ways: they can continue to access quality-controlled cannabis by registering with licensed producers, they can register with Health Canada to produce a limited amount for their own medical purposes, or they can designate someone else to produce it for them.
What remains illegal:
Access to cannabis for medical purposes is only permitted under the terms and conditions set out in the regulations. Storefronts selling marijuana, commonly known as "dispensaries" and "compassion clubs," are not authorized to sell cannabis for medical or any other purposes. These operations are illegally supplied, and provide products that are unregulated and may be unsafe. Illegal storefront distribution and sale of cannabis in Canada are subject to law enforcement action.
Any individual registered to produce a limited amount of cannabis for him/herself may not sell, provide or give cannabis to another person.
A designated person may not:
- sell, provide or give cannabis to any person, except for the individual for whom he/she is authorized to produce in a registration; and,
- Produce cannabis for more than two people registered with Health Canada, including him/herself, for whom he/she is authorized to produce in a registration.
Registered and designated persons may not produce in excess of the maximum limits outlined in a registration certificate.
It remains illegal for a company or an individual to advertise cannabis to the general public.