Section 56 Class Exemption for registered persons and individuals responsible for them or authorized persons to provide fresh and dried marijuana and cannabis oil to Licensed Dealers for the purpose of analytical testing

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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:

"authorized person" means a person who:

  1. was authorized to possess marihuana for their own medical purposes under the Marihuana Medical Access Regulations (MMAR) that were repealed on March 31, 2014; and
  2. is a member of a class of individuals who continue to be authorized to possess marihuana for their own medical purposes by virtue of a court order.

"licensed dealer" means a dealer licensed by Health Canada under the Narcotic Control Regulations (NCR).

Scope of Exemption

Pursuant to section 56 of the CDSA and subject to the terms and conditions herein, an authorized person, a registered person and an individual responsible for the registered person, are hereby exempted from the application of 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.

This exemption is applicable only if the following terms and conditions are met.

Terms and Conditions

  1. Fresh and dried marihuana and cannabis oil provided, delivered, transported or sent to a licensed dealer pursuant to this exemption must have been produced by an authorized person or their designated person, if any, in accordance with a court order, or by a registered person or their designated person, if any, in accordance with the registered person's registration under the Access to Cannabis for Medical Purposes Regulations (ACMPR).
  2. An authorized person, a registered person or the individual responsible for them who provides, delivers, transports or sends fresh or dried marihuana or cannabis oil to a licensed dealer must:
    1. Prepare the package in a manner that ensures the security of the contents, such that
      1. it will not open or permit the escape of its contents during handling and transportation,
      2. it is sealed so that it cannot be opened without the seal being broken,
      3. it prevents the escape of cannabis odour, and
      4. it prevents its contents from being identified without it being opened;
    2. Use a method of sending that ensures the tracking and safekeeping of the package during transportation;
    3. Provide, deliver, transport or send a quantity of fresh or dried marihuana or cannabis oil at any one time that does not exceed: in the case of an authorized person, the equivalent of the maximum quantity of dried marihuana specified in the authorization to possess or 150 grams of dried marihuana, whichever is less; or in the case of a registered person, the equivalent of the maximum quantity of dried marihuana that the person may possess under their registration or 150 grams of dried marihuana, whichever is less.
      1. The quantity of fresh marihuana or cannabis oil that is equivalent to a given quantity of dried marihuana must be calculated by:
        1. considering five (5) grams of fresh marihuana as equivalent to one (1) gram of dried marihuana;
        2. in the case of cannabis oil, taking into account the weight of the fresh or dried marihuana that was used to make it.
  3. The package used to provide, deliver, transport or ship the substance must bear:
    1. The name and mailing address of the authorized person, the registered person or the individual responsible for them;
  4. The authorized person, the registered person or the individual responsible for them must provide the licensed dealer with a copy of the authorization to possess issued under the former MMAR, or a copy of the registration certificate issued by Health Canada, at the same time that they provide, deliver, transport or send the fresh or dried marihuana or cannabis oil to a licensed dealer.

This exemption will remain in effect until it is amended or revoked.

Effective Date: August 24, 2016

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