Section 56 Class Exemption for clients and responsible persons Under the Marihuana for Medical Purposes Regulations to Conduct Activities with Cannabis

Nothing in this exemption is intended to affect the rules in the Marihuana for Medical Purposes Regulations (MMPR) that apply in respect of dried marihuana.

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Definitions

The terms used in this exemption have the same meaning as they do in the Controlled Drugs and Substances Act (CDSA) and its regulations, except as defined below.

 "cannabis" includes its preparations and derivatives, including:

  1. cannabis resin;
  2. cannabis (marihuana) except dried marihuana;
  3. cannabidiol (2-[3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol)
  4. cannabinol (3-n-amyl-6,6,9-trimethyl-6-dibenzopyran-1-ol)
  5. tetrahydrocannabinol (tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol)

    but not including

  6. non-viable cannabis seed, with the exception of its derivatives;
  7. mature cannabis stalks that do not include leaves, flowers, seeds or branches, and fiber derived from such stalks;
  8. similar synthetic preparations;
  9. a drug in dosage form, as defined in subsection C.01.005(3) of the Food and Drug Regulations, that has a drug identification number assigned to it under Division 1 of Part C of those Regulations or that is authorized for sale under Division 5 of that Part.

"cannabis oil" means an oil, in liquid form, that contains cannabis or dried marihuana.

"client" means a person who is registered with a licensed producer under section 111 of the MMPR.

"equivalency factor" means, in respect of cannabis oil or fresh marihuana, the quantity of the oil or marihuana that the licensed producer has determined to be equivalent to 1 g of dried marihuana, in accordance with Term and Condition #6 of the Section 56 Class Exemption for Licensed Producers under the Marihuana for Medical Purposes Regulations to Conduct Activities with Cannabis made by the Minister of Health on July 8, 2015.

"fresh marihuana" means fresh marihuana buds and leaves, but does not include plant material that can be used to propagate marihuana.

"hospital" has the same meaning as in subsection 2(1) of the Narcotic Control Regulations (NCR).

“organic solvent” means any organic compound that is highly flammable, explosive or toxic, including (but not limited to) petroleum naphtha and compressed liquid hydrocarbons, such as butane, iso-butane, propane, and propylene

"person providing assistance" means a person who is providing assistance in the administration of marihuana or a product described in the applicable paragraph (c) of the "Scope of Exemption" section below to a client or an out-patient of a hospital.

 "responsible individual" means:

  1. in respect of a client, an individual identified in the client's application under paragraph 108(1)(d) of the MMPR; and
  2. in respect of an out-patient of a hospital, an individual who is responsible for the out-patient.

Scope of Exemption

Pursuant to section 56 of the CDSA, a client - or a responsible individual for a client - who complies with the terms and conditions set out below is exempted from subsection 4(1) and sections 5 and 7 of the CDSA, subsection 8(1) of the NCR and the provisions of the MMPR to the extent necessary to allow the client or responsible individual to:

  1. possess cannabis oil or fresh marihuana that they have obtained from a licensed producer with whom the client is registered or a health care practitioner for the medical purposes of the client;

  2. alter the chemical or physical properties of

    1. cannabis oil, fresh marihuana or dried marihuana that they have obtained from a licensed producer with whom the client is registered or a health care practitioner for the medical purposes of the client,
    2. a product resulting from an alteration described in subparagraph (i), or
    3. a product that is derived from a product described in subparagraph (ii);
  3. possess any products resulting from the alterations described in paragraph (b).

Pursuant to section 56 of the CDSA, an out-patient of a hospital - or a responsible individual for such an out-patient - who complies with the terms and conditions set out below is exempted from subsection 4(1) and sections 5 and 7 of the CDSA, subsection 8(1) of the NCR and the provisions of the MMPR to the extent necessary to allow the out-patient or responsible individual to:

  1. possess cannabis oil or fresh marihuana that they have obtained from the hospital for the medical purposes of the out-patient;

  2. alter the chemical or physical properties of

    1. cannabis oil, fresh marihuana or dried marihuana that they have obtained from the hospital for the medical purposes of the out-patient,
    2. a product resulting from an alteration described in subparagraph (i), or
    3. a product that is derived from a product described in subparagraph (ii);
  3. possess any products resulting from the alterations described in paragraph (b).

Pursuant to section 56 of the CDSA, a person providing assistance is exempted from subsection 4(1) and section 5 of the CDSA and subsection 8(1) of the NCR to the extent necessary to allow the person, for the purposes of providing the assistance to the client or out-patient, to possess and provide fresh marihuana, cannabis oil or a product described in the applicable paragraph (c) above - in an amount not exceeding the equivalent of 5 g of dried marihuana - that has been obtained by or for the client or out-patient.

Terms and Conditions

  1. The client, out-patient or responsible individual must not possess a total quantity of cannabis oil, fresh marihuana, dried marihuana and products described in the applicable paragraph (c) above that, taking into account the equivalency factor for the cannabis oil or fresh marihuana that the licensed producer has indicated on the label and the weight of fresh or dried marihuana - or the volume of any cannabis oil - that was used to make any product described in the applicable paragraph (c), would result in the client, out-patient or responsible individual possessing more than the equivalent of the least of the following amounts that is applicable:

    1. in the case of a client, 30 times the daily quantity referred to in the client's medical document in accordance with paragraph 129(1)(d) of the MMPR;
    2. in the case of an out-patient, 30 times the daily quantity referred to in subparagraph 65.2(c)(iii) of the NCR; and
    3. 150 g of dried marihuana.
  2. The client or out-patient must comply with section 125 of the MMPR, with the necessary adaptations.

  3. The client or responsible individual must comply with section 126 of the MMPR, with the necessary adaptations.

  4. The client, out-patient or responsible individual must comply with section 127 of the MMPR, with the necessary adaptations.

  5. The client, out-patient or responsible individual must not use organic solvents when they are altering the chemical or physical properties of cannabis oil or fresh or dried marihuana.

Effective Date: July 8, 2015

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