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Health Canada Statement on Medical Marihuana Compassion Clubs
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2010-94
June 7, 2010
For immediate release
OTTAWA - Health Canada would like to provide information regarding the Marihuana Medical Access Regulations (MMAR) as they relate to organizations such as "compassion clubs" or "cannabis dispensaries".
Under the MMAR, Health Canada does not licence organizations such as "compassion clubs" or "cannabis dispensaries" to possess, produce, or distribute marihuana for medical purposes. Under the MMAR, only individuals can be authorized by Health Canada to possess and/or be licensed to produce marihuana for medical purposes. As well, Health Canada is the only organization that can legally supply marihuana seeds and dried marihuana for medical purposes to such individuals.
It has been reported that patients could purchase marihuana for medical purposes from compassion clubs provided they have documentation from Health Canada or a registered physician. This could mislead patients to believe that they are authorized to possess marihuana if they have a letter, or other documentation, from a physician, which is not accurate.
It is also incorrect that organizations such as compassion clubs or cannabis dispensaries are legally able to sell or provide marijuana to those who have authorization from Health Canada to possess marihuana for medical purposes.
The only way that individuals can be legally authorized to possess marihuana for medical purposes is to apply to Health Canada under the MMAR. This application includes a declaration of support from their medical practitioner. Once authorized, there are only three options for individuals to obtain a legal supply of dried marihuana: 1) access Health Canada's supply of dried marihuana; 2) obtain a license from Health Canada to produce for themselves; or 3) obtain a license from Health Canada to designate someone to produce on their behalf.
Under the MMAR, holders of a production licence can produce marihuana for a maximum of two individuals who have authorizations from Health Canada to possess marihuana for medical purposes. In addition, the maximum number of production licences (either personal-use or designated-person) at one site is four.
Individuals who disregard the requirements of the Controlled Drugs and Substances Act and its regulations, or the terms and conditions of their authorization to possess and/or their licence to produce, could be subject to law enforcement measures.
Additionally, if compassion clubs operate outside of Canadian laws, this is an enforcement issue and falls under the jurisdiction of law enforcement agencies. Under the MMAR, Health Canada is authorized to communicate information to Canadian police agencies, in the course of an investigation, that enables them to confirm whether a named individual or specified address is associated with an authorization to possess or licence to produce marihuana for medical purposes.
For information on the Marihuana Medical Access Program along with the roles and responsibilities of both authorized and licensed persons, please visit Health Canada's Fact Sheet on Medical Access To Marihuana. You may also contact the Marihuana Medical Access Division directly at:
Telephone: 1-866-337-7705
Facsimile: 613-952-2196
Teletypewriter: 1-800-267-1245 (Health Canada )
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