Federal Government Announces New Regulations to Replace MMPR: Allow for Personal Grow Licences in Response to Allard Injunction.
On August 11, 2016, Health Canada announced the new Access to Cannabis for Medical Purposes Regulations (ACMPR) to take effect on August 24, 2016. The new regulations will replace the commercial production Marihuana for Medical Purposes Regulations (MMPR), and are being implemented as a result of the Federal Court injunction in the case of Allard v. Canada [1] that found the MMPR infringed on patients’ liberty and security interests under the Charter [2]. The new regulations aim to provide Canadians with reasonable access to cannabis for medical purposes by allowing those who have been prescribed medicinal marihuana the option to grow and cultivate cannabis at home.
The ACMPR Shall Allow Patients to Grow Their Own Medicinal Cannabis
The ACMPR introduces provisions that will allow Canadians requiring access to cannabis for medical purposes the option to cultivate and grow a prescribed amount of cannabis for their own medical purposes, or designate someone to produce it for them. Health Canada believes that the addition of these provisions enabling individuals to produce and grow their own medicinal cannabis will provide accessibility and affordability, addressing the issue of reasonable access identified by the Federal Court in Allard.
What Does This Mean For Patients?
Patients prescribed to use cannabis will continue to have the option of purchasing quality-controlled cannabis from one of the 34 producers licensed by Health Canada to cultivate, produce, and distribute medicinal cannabis. Under these new regulations, patients now also have the option to cultivate and produce their own cannabis or may designate someone to produce it for them.
Patients and individuals are required to apply to register with Health Canada to obtain a certificate to produce a limited amount of cannabis for their own medical purposes or to designate someone to produce it for them.
With registration, individuals will be allowed to produce a limited number of plants based on a formula that takes into account the individual’s daily dose (i.e. quantity authorized by their physician) and the average yield of a plant under certain growing conditions, such as indoor or outdoor growing.[3]
Individuals and patients who were previously authorized to possess and or produce marijuana under the former Marihuana Medical Access Regulations and who meet the terms of the Federal Court injunction order may continue to do so until the Court orders otherwise. Individuals covered by the Allard injunction who wish to change the terms of their license, such as a change in address or designated producer, will be able to do so by registering with Health Canada under the new regulations.
Additional information on how to register will be available on Health Canada’s website on August 24. If you have any questions or would like legal assistance in preparing and submitting a personal grow application, please do not hesitate to contact us at [email protected].
What Does This Mean For Health Care Practitioners?
Health care practitioners shall remain responsible for authorizing and recommending the use of cannabis for medical purposes. Updated guidance for health care practitioners can be found on Health Canada’s website that may aid in determining the proper daily amount and dosage for patients requiring cannabis for medical purposes. The College of Family Physicians of Canada have also issued guidelines for health care practitioners.
FUTURE OF MEDICINAL CANNABIS
How Are Licensed Producers (LP) Affected?
The 34 Licensed Producers across Canada, which currently supply approximately 70,000 Canadians, are expected to continue to be a reliable source of safe, quality-controlled medicinal cannabis. In addition to continuing to provide access finished cannabis products, these licensed producers will now also be the only legal source of starting materials such as seeds, plants, and clones.
Do The Regulations Allow For Dispensaries?
No. Grey market storefront operations selling marijuana, commonly known as “dispensaries” and “compassion clubs” are not federally authorized to sell cannabis under the new regulations.
Health Canada indicated its intention to studying alternative distribution models, including pharmacy distribution, to provide Canadians with reasonable access to medicinal cannabis.
[1] The full decision can be accessed here.
[2] The Federal Court concluded that the Plaintiffs’ liberty and security interest were engaged by the access restrictions imposed by the MMPR and that the access restrictions have not been proven to be in accordance with the principles of fundamental justice. The Government decided against appealing the Charter challenge to the Supreme Court of Canada, and instead is implementing reasonable access under these new regulations.
[3] In general, every one (1) gram of dried marijuana authorized will result in the production of five (5) plants indoors or two (2) plants outdoors.
Daniel Nashid
Barrister & Solicitor
416.892.2509
[email protected]