Class exemption to prohibitions to possess and produce medical cannabis for medical purposes - Exemption for registered persons with a designated person

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:

“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 any individual who is or was registered with the Minister under Part 2 of the ACMPR, and is the subject of a registration certificate.

Scope of exemption

Pursuant to section 56 of the CDSA and subject to the terms and conditions set out herein, Registered Persons are exempted from the application of the following subsections 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 to a licensed dealer for the purposes of obtaining analytical testing or, if applicable, to the individual responsible for the registered person;
  • Subsection 7 (1) of the CDSA, to the extent necessary to allow Registered Persons who are 18 years of age or older to participate in the activities that the Designated Producer named in the Registered Person’s Registration Certificate is authorized to conduct on the Registered Person’s behalf, and to conduct the activities described in section 4 of the ACMPR;
  • 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 199 of the ACMPR.

Additionally, the responsible individual (if any) identified on the Registration Certificate is exempt from the following provisions of the CDSA, the ACMPR and the NCR:

  • 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 and subsection 8(1) of the NCR when providing, delivering, transporting or sending fresh or dried marihuana or cannabis oil to a licensed dealer for the purposes of analytical testing; and,
  • Subsection 4(3) of the ACMPR, to the extent necessary to allow a responsible individual identified in the Registered Person’s Registration Certificate to possess and provide cannabis to the registered person for whom they are responsible.

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. This exemption is only applicable if a health care practitioner responsible for the professional treatment of a Registered Person has confirmed that they authorize the use of dried marihuana in the daily amount set out in the “Daily Quantity” section of the Registration Certificate for the period covered by this exemption.  
  3. Registered Persons are subject to the limits and conditions set out in the Registration Certificate
  4. Registered Persons are subject to the exemption expiry date set out in the Registration Certificate.
  5. Any activities conducted under this exemption must be done in a manner that is consistent with a Registered Person’s Registration Certificate. 
  6. This exemption is only valid for registrations issued on or after March 2, 2018.

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.

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