Backgrounder - Safety and Security Requirements for Licensed Producers

News Release - Harper Government Announces Proposed New Marihuana for Medical Purposes Regulations - Changes improve public safety, maintain patient access

The Government of Canada is concerned that the current Marihuana Medical Access Program is vulnerable to abuse. While the courts have said that there must be reasonable access to marihuana for medical purposes, the Government believes that this must be done in a controlled fashion in order to protect public safety.

The proposed Marihuana for Medical Purposes Regulations (MMPR) create the conditions for the establishment of a regulated commercial market of licensed producers responsible for the production and distribution of marihuana for medical purposes. These regulated licensed producers would have to meet extensive security and quality control requirements. For example, when potential licensed producers apply to Health Canada for a license, they must demonstrate that:

• They employ a quality assurance person with appropriate training, experience and technical knowledge to approve the quality of their dried marihuana;
• Their production site is indoors, and not in a private dwelling. This would reduce the risk of diversion posted by outdoor production and would reduce health and safety risks associated with producing marihuana in a private dwelling;
• The production site includes restricted-access areas, which would include all areas where a licensed activity is conducted with marihuana and cannabis other than marihuana (i.e. lab, production room, etc);
• Access to the production site is controlled at all times and includes 24/7 visual monitoring systems and an intrusion detection system to detect unauthorized access;
• Key personnel hold a valid security clearance, issued by the Minister of Health; and,
• They have provided a written notification of their application, providing details regarding the location of the production site, to the local police force, local fire authority and local government.

It will not be possible to apply to become a licensed producer until the proposed Marihuana for Medical Purposes Regulations come into effect.

However, interested parties may immediately apply to become authorized to conduct certain research and development activities with marihuana, including testing marihuana plant materials and growing conditions. Beginning these research and development activities now may help potential licensed producers to be ready to apply for a licence when the regulations come into force. However, authorisation to conduct research and development is not a guarantee that a producer will receive a licence under the proposed regulations. They would still have to demonstrate compliance with all of the regulatory requirements.

Interested parties can visit the Health Canada website for further information.