Section 56 Class Exemption to Authorize Health Care Practitioners to Conduct Activities with Cannabis

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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) or 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.

"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.

Scope of Exemption

Pursuant to section 56 of the CDSA, a health care practitioner who complies with the terms and conditions set out below is exempted from the application of subsection 4(1) and section 5 of the CDSA and subsection 53(1) of the Narcotic Control Regulations (NCR) to the extent necessary to allow the practitioner to

  1. possess fresh marihuana or cannabis oil obtained from a licensed producer or a hospital;
  2. administer fresh marihuana or cannabis oil obtained from a licensed producer or a hospital to, and prescribe it for, a person under their professional treatment; and
  3. transfer fresh marihuana or cannabis oil obtained from a licensed producer or a hospital to a person under their professional treatment or to an individual who is responsible for that person.

Pursuant to section 56 of the CDSA, the employee, agent or mandatary of a health care practitioner who complies with the conditions set out below is, if the employee, agent or mandatary complies with the final term and condition set out below, exempted from the application of subsections 4(1) and 5(2) of the CDSA to the extent necessary to allow the employee, agent or mandatary to possess fresh marihuana or cannabis oil obtained from a licensed producer or a hospital.

Terms and Conditions

  1. The health care practitioner must require the fresh marihuana or cannabis oil for the practice of their profession as a health care practitioner in the province in which they have the possession.

  2. The health care practitioner must not transfer in any 30-day period a total quantity of fresh marihuana and cannabis oil that, taking into account the equivalency factor that the licensed producer has indicated on the label and any dried marihuana that has been transferred during that period, would result in the person under their professional treatment, or an individual responsible for that person, obtaining the equivalent of more than 30 times the daily quantity of dried marihuana to be used by the person under their professional treatment, as specified in the medical document, prescription or written order on the basis of which the transfer is made. Subsection 130(3) of the MMPR applies here and in Term and Condition #3 below, with the necessary adaptations.

  3. The health care practitioner must not, at any one time, transfer a quantity of fresh marihuana, cannabis oil or both, that, taking into account the equivalency factor for the cannabis oil or fresh marihuana that the licensed producer has indicated on the label and any dried marihuana being transferred at the same time, would result in the person under their professional treatment, or an individual responsible for that person, obtaining the equivalent of more than 150 g of dried marihuana.

  4. The health care practitioner may administer fresh marihuana or cannabis oil to a person who is under their professional treatment only if the fresh marihuana or cannabis oil is required for the condition for which the person is receiving treatment.

  5. The employee, agent or mandatary may possess fresh marihuana or cannabis oil only while acting in the course of their employment or in their role as agent or mandatory.

Explanatory Note

For greater certainty, the health care practitioner must comply with section 55 of the NCR in connection with dried marihuana, fresh marihuana and cannabis oil.

Effective Date: July 8, 2015

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