License to Chill: The Regulatory Process for Medical Cannabis Patients
by Adam Eidelmann and Elliot Aglioni
The federal government plans to introduce a bill legalizing the use of cannabis in the Spring of this year. It may be another year before such a bill comes into effect. Until that time, federally regulated medical cannabis is the only legal option for access to cannabis and cannabis products for those with a medical need.
Medical cannabis users have three options for access to cannabis under the New Access to Cannabis for Medical Purposes Regulations (ACMPR), which came into effect in August of 2016. All three options require a prescription from an authorized healthcare practitioner. Firstly, patients may opt to register with a licensed producer, a process that allows for prescription holders to purchase medical cannabis and allows them to possess it without violating Canadian drug law. Secondly, patients may opt to grow medical cannabis for their own purposes, or, thirdly, designate an individual to grow it for them.
Growing medical cannabis is a cost-effective option for medical cannabis patients, but necessitates the completion of an application to obtain an own-use production license. As discussed above, patients may grow the cannabis themselves or designate someone to grow it for them. In both circumstances, the same application form is used, but a different Annex must be completed. The number of plants allowed will depend on the amount of the prescription.
The regulation sets out a formula to determine the maximum number of plants allowed per prescription, as well as the maximum amount permitted in storage. The regulation also sets out restrictions on the maximum number of production licenses per designated producer and the maximum number of production licenses attached to each production location. The production location may be a dwelling or another location. If production will occur outdoors, additional restrictions are imposed on the location of the production.
Information such as the names of registrants and the location of the production site is communicated to local police. This is in order to ensure that enforcement of the Controlled Drugs and Substances Act does not interfere with lawful production of cannabis for medical purposes. In addition, each designated producer will have to produce a police report and declaration indicating that he or she has not been convicted or received a sentence for a designated drug offence within the last ten (10) years. If a person is producing cannabis for his or her own personal use (without the use of a designated producer) a police report is not necessary. However, a declaration that he or she has not been convicted for marihuana- or cannabis-related offenses is required.
Under the regulation, an inspector is permitted to enter any location where cannabis is being legally produced to examine the storage receptacles, production equipment, and to take samples of any substances. If the production location is a dwelling, the inspector may not enter without the consent of an occupant of the dwelling.
The ACMPR provides a straightforward process for patients to obtain or produce medical cannabis for personal use. If you need additional help navigating the regulatory framework for medical cannabis, or for additional questions related to medical cannabis regulations, please contact our firm.
www.eidelmannlaw.ca