A1. In recent years, a wide range of stakeholders, including police and law enforcement, fire officials, physicians, municipalities, and program participants and groups representing their interests, have identified concerns with the current program.
Some of the key concerns include:
The proposed improvements would reduce the risk of abuse and exploitation by criminal elements and keep our children and communities safe.
A2. A key element of the proposed improvements is the establishment of a new supply and distribution system that uses only licensed commercial producers. This would mean that the production of marihuana for medical purposes by individuals in homes would be phased out. Health Canada would ensure that the newly established licensed commercial producers would be regularly inspected for product quality, security and record-keeping.
Health Canada's role would be significantly altered. The Department would:
Individuals would still be required to consult a physician. However, they would not be required to submit an application, or their personal medical information, to Health Canada. Instead, they would submit a document they get from their physician directly to a licensed commercial producer. Health Canada will work with the medical community to determine what form this document will take.
Health Canada is also proposing to eliminate the categories of conditions or symptoms for which an individual may possess marihuana for medical purposes under the Medical Marihuana Access Regulations (MMAR). Since categories would be eliminated, there would no longer be a requirement for some individuals to have a specialist assess their case in addition to their primary care physician in order to access marihuana for medical purposes.
Health Canada would provide physicians with comprehensive, accurate and up-to-date information on the use of marihuana for medical purposes so as to support informed decision making.
A3. Further to these consultations the Government of Canada will introduce new regulations. The federal regulatory process takes approximately 18 to 24 months to complete, and will begin in 2012. It would also take time to license a sufficient number of companies who can supply the amount of dried marihuana required by Program participants. Personal-use and designated-person production would be phased out, and would cease once a sufficient amount of dried marihuana to supply Program participants is available.
Until these proposed improvements are implemented, the process for applying for an authorization to possess and/or a licence to produce marihuana for medical purposes under the MMAR will remain the same.
A4. Seriously ill individuals would still be able to access dried marihuana for medical purposes. However, they would no longer be required to apply to Health Canada for an authorization to possess. Nor would they have to submit their personal medical information to Health Canada. They would still be required to consult a licensed physician in order to gain access to marihuana for medical purposes, but the document they receive would be used to order and purchase dried marihuana for medical purposes directly from a licensed commercial producer.
Health Canada would no longer issue licences to individuals to produce marihuana for medical purposes. Personal-use and designated-person production would be phased out, and would cease once a sufficient amount of dried marihuana to supply Program participants is available.
A5. Under the proposed improvements, marihuana would be treated as much as possible like other medications. As such, Health Canada is proposing to eliminate the categories of conditions or symptoms for which an individual may possess marihuana for medical purposes under the MMAR. The determination as to whether the use of marihuana for medical purposes is appropriate for a particular individual would be made further to a discussion with their physician.
It is important to note that, while pointing to some potential benefits, current scientific evidence does not establish the safety and efficacy of cannabis to the extent required by the Food and Drug Regulations for marketed drugs in Canada. This is why Health Canada is committed to establishing an Expert Advisory Committee which will assist in improving physician access to comprehensive, accurate and up-to-date information on the use of marihuana for medical purposes. This will facilitate informed decision-making between individuals and their physicians with respect to the use of marihuana to treat particular symptoms and/or conditions.
A6. Physicians would receive more comprehensive, accurate and up-to-date information from Health Canada on the risks and benefits associated with the use of marihuana for medical purposes, so as to support them in making informed decisions about treatment options with their patients.
Health Canada is establishing an Expert Advisory Committee to review the scientific and medical information included in the document entitled "Information for Healthcare Practitioners". Health Canada will also consult with the medical community, including provincial/territorial licensing bodies, regarding the proposed improvements.
A7. Seriously ill individuals who wish to access marihuana for medical purposes would still be required to consult a physician licensed to practice medicine in Canada. The existing medical declaration would be replaced by a new document provided by the physician to the individual. Once individuals have this document, they would consult the Health Canada website for a list of licensed commercial producers. The licensed producer would register the individual as a customer and would process the order for dried marihuana. The proposed improvements would benefit program participants by making it less complicated to access a supply of dried marihuana.
A8. Health Canada does not license organizations such as "compassion clubs" or "cannabis dispensaries" to possess, produce or distribute marihuana for medical purposes.
Like any other interested business entity, a "compassion club" or "cannabis dispensary" interested in legally producing and distributing marihuana for medical purposes would need to meet all of the regulatory requirements for licensing commercial producers.
A9. Licensed companies would be required to comply with specific product labelling and packaging requirements. These requirements would be one means of providing proof of the legal status of an authorized person's supply of marihuana. Health Canada will consult on how best to establish that an individual is in lawful possession of a legal source of dried marihuana.
A10. Licensed commercial producers will be responsible for setting their own prices, and would distribute dried marihuana directly to their clients by registered or bonded mail.
A11. Currently, the proposed improvements consider dried marihuana only. Licensed commercial producers would be permitted to grow any strain of marihuana.
A12. In order to be licensed by Health Canada, licensed commercial producers would have to demonstrate compliance with requirements related to, for example, product quality, personnel, record-keeping, safety and security, disposal and reporting, as this would be required under new regulations. These controls would aim to ensure the quality of the product being purchased by program participants, as well as the security of production sites.
A13. Under the proposed improvements, Health Canada would no longer enter into a contract with a commercial entity for the production and distribution of dried marihuana and marihuana seeds. The current contract has a value of 16.8M$. In addition, Health Canada would no longer incur costs related to authorizing and licensing individuals to possess and/or produce marihuana.
A14. Legalization or decriminalization of marihuana is not a part of these changes. Marihuana will continue to be regulated as a controlled substance under the Controlled Drugs and Substances Act (CDSA).
A15. Yes. The Government of Canada would like to hear from Canadians about the improvements to the Program.
The details of the Government's plan are outlined in a consultation document entitled: Proposed Improvements to Health Canada's Marihuana Medical Access Program. All Canadians are invited to provide their feedback, either via the Health Canada website using the feedback form, or by email, mail or fax, in either English or French.
A1. A marihuana cigarette typically contains between ½ and 1 gram of dried marihuana. For example, an individual using 2 grams daily would be smoking between 2 and 4 joints per day.
A2. Current statistics indicate that under the Marihuana Medical Access Regulations (MMAR), individuals are authorized to possess approximately 6 grams per day of marihuana for medical purposes. However, research has shown that most people who use marihuana for medical purposes typically consume between 1 to 3 grams of marihuana per day.
A3. The average number of plants that can be grown under a Health Canada production licence is 33.
A4. The plant yield varies depending on whether production takes place indoors or outdoors. For indoor production, the formula in the MMAR that establishes the number of plants a licence holder can grow based on their approved daily amount sets out an expected yield of 30g of dried marihuana per plant. The formula for outdoor production sets out an expected yield of 250g per plant.