Class exemption to prohibitions to possess and produce medical cannabis for medical purposes - Exemption for designated persons 

Definitions

The terms used in this exemption have the same meaning as they do in the Controlled Drugs and Substances Act (CDSA) and the Access to Cannabis for Medical Purposes Regulations (ACMPR), except as defined below:

“Designated Person” means a designated person identified in a Registration Certificate.

“Registration Certificate” means any registration certificate issued on or after March 2, 2018, provided the registration to which the registration certificate relates was not cancelled under section 197 of the ACMPR.

“Registered Person” means an individual who is or was registered with the Minister under Part 2 of the ACMPR, and is the subject of a registration certificate.

In this exemption, “Confirmation Letter” means a letter issued by Health Canada to an individual designated by a Registered Person to produce cannabis on their behalf.

Scope of exemption

Pursuant to section 56 of the CDSA and subject to the terms and conditions set out herein, Designated Persons are exempted from the application of following provisions of the CDSA, the Narcotic Control Regulations (NCR) and the ACMPR:

• Subsection 4 (1) of the CDSA, to the extent necessary to authorize the possession of marihuana, cannabis oil, an alteration of fresh or dried marihuana or cannabis oil, or a derivative thereof that meets the conditions set out in section 4 of the ACMPR, with the necessary modification that it is obtained or produced in accordance with this exemption;
• Subsections 5(1) and 5(2) of the CDSA when providing, delivering, transporting or sending fresh or dried marihuana or cannabis oil for the purpose of storing it, or transferring it to the Registered Person identified in the Designated Person’s Confirmation Letter or, if applicable, to the individual responsible for that person;
• Subsection 7 (1) of the CDSA, to the extent necessary to produce medical cannabis for the Registered Person identified in the Confirmation Letter;
• Section 8 of the NCR, to the extent necessary to authorize the production and provision of cannabis to a licensed dealer under the NCR; and
• Section 200 of the ACMPR.

Terms and Conditions

1. An individual who possesses, transports, provides, delivers, sends, or produces cannabis under this exemption must comply with the ACMPR with any necessary modifications.
2. Designated persons are subject to the limits and conditions set out in the confirmation letter, including the expiry date.

Amendment, Suspension, Cancellation, Revocation, and Expiration

This exemption may be suspended or revoked without prior notice if the Minister deems that such suspension is necessary.

The Minister may at any time change the terms and conditions of this exemption where deemed necessary by the Minister.