Marihuana Medical Access Program
Information for:
New Regime
The following are the most frequently asked questions regarding the medical use of marihuana:
On July 30, 2001, Health Canada implemented the Marihuana Medical Access Regulations, which clearly define the circumstances and the manner in which access to marihuana for medical purposes will be permitted. The Regulations contain three main components: authorizations to possess dried marihuana; licences to produce marihuana, which include Personal-Use Production Licences and Designated-Person Production Licences; and access to supply of marihuana seeds or dried marihuana.
No. Marihuana is included in Schedule II to the
Controlled Drugs and Substances Act (CDSA), and, as such, is regulated as a controlled substance in Canada. This means that all activities--for example, possession of marihuana, possession for the purposes of trafficking, production, importation, exportation, trafficking, and possession for the purposes of exporting--are illegal, except as authorized by regulation.
Illegal activities associated with marihuana are considered to be criminal offences and are subject to the penalties set out in the Controlled Drugs and Substances Act.
The Marihuana Medical Access Regulations allow access to marihuana to people who are suffering from serious and debilitating illnesses. It is important to note that the Regulations deal exclusively with the medical use of marihuana. They do not address the issue of legalizing marihuana.
In the case of loss or theft of marihuana for which you hold an Authorization to Possess or a Licence to Produce, you must contact your local police force immediately. Have your authorization papers on hand when you contact police.
Authorizations to Possess and Licences to Produce are issued for a maximum of one year and have an expiry date. Possession and/or production of marihuana for medical purposes are only permitted with a valid authorization and/or licence.
Activities undertaken without an Authorization to Possess and/or a Licence to Produce could be subject to law enforcement measures under the applicable legislation. Under the Marihuana Medical Access Regulations, the Minister of Health is authorized to communicate certain information to law enforcement officials when it is requested during the course of an investigation. For example, in the case of a person whose authorization and/or licence has expired, Health Canada can disclose to the police whether an individual has a valid authorization to possess and/or licence to produce marihuana for medical purposes, or whether an application has been made to renew the authorization and/or licence prior to the date of expiry, as well as the status of the application.
Authorizations and licences are issued for a maximum of one year. If you do not renew them, they will expire and will no longer be valid. The possession and/or production of marihuana for medical purposes is ONLY permitted with a VALID authorization and/or licence.
Activities related to marihuana without an authorization and/or licence could be subject to law enforcement measures. Under the
Marihuana Medical Access Regulations, the Minister of Health is authorized to communicate certain information to law enforcement officials when it is requested during the course of an investigation.
For example, if your authorization and/or licence has expired, Health Canada can disclose to the police whether an individual has a valid authorization to possess and/or licence to produce marihuana for medical purposes, or whether an application has been made to renew the authorization and/or licence before the date of expiry, as well as the status of the application.
There is no minimum age requirement to apply for an Authorization to Possess Marihuana. However, an Applicant who wants to apply for a Personal-Use Production Licence or a Designated-Person Production Licence must be at least 18 years of age.
Health Canada does not licence organizations such as "compassion clubs" to possess, produce or distribute marihuana for medical purposes.
Health Canada restricts the number of people growing in common through two provisions of the Marihuana Medical Access Regulations: by limiting the number of production licences in one location to four, and by limiting the number of people for whom a person can produce to two. Any production operation which exceeds these limits would operate outside the Regulations and therefore be subject to law enforcement measures.
For more information, please see Health Canada's Statement on Compassion Clubs.
Information regarding an individual's application, authorization or licence is private and confidential. In order to protect the privacy of these individuals, Health Canada does not discuss or disclose their information to third parties (unless they are specifically authorized by the individual submitting an application).
Health Canada is, however, authorized to provide limited information in response to a request only from a Canadian police force or a member of a Canadian police force engaged in an investigation under the Controlled Drugs and Substances Act (CDSA), or the Marihuana Medical Access Regulations, as outlined in section 68.1 of the Regulations.
Health Canada will continue to work in cooperation with law enforcement agencies to reduce the illegal production and distribution of substances regulated under the CDSA.
Amount (grams per day) |
Amount that Can be Possessed At Any Time (grams per 30 day period) |
|---|---|
| 1 | 30 |
| 2 | 60 |
| 3 | 90 |
| 4 | 120 |
| 5 | 150 |
The holder of an Authorization to Possess can also hold a Licence to Produce (and can thus grow her/his own marihuana), or the holder of the Authorization to Possess can choose to have a designated person produce the marihuana for her/him (in which case the designated person holds the Licence to Produce).
Plants can be grown indoors or outdoors (but not both at the same time), providing specific criteria are met. Growers must take precautions to protect the plants and the dried marihuana from loss or theft. The amount of marihuana that can be grown and stored at any time depends on the daily amount that has been approved to the authorized person, and whether plants are grown indoors and/or outdoors. See table below for examples.
| Amount (grams/ day) | Possession (grams/ month) | Plants indoors (winter months) | Plants outdoors (summer months) | Storage (grams) | Storage (kilograms) |
|---|---|---|---|---|---|
| 1 | 30 | 4 | 1 | 375 | 0.375 |
| 2 | 60 | 8 | 2 | 750 | 0.75 |
| 3 | 90 | 11 | 3 | 1,125 | 1.125 |
| 4 | 120 | 15 | 4 | 1,500 | 1.5 |
| 5 | 150 | 19 | 5 | 1,875 | 1.875 |
| Amount (grams/day) | Possession (grams/month) | Plants indoors (all year) | Storage (grams) | Storage (kilograms) |
|---|---|---|---|---|
| 1 | 30 | 5 | 225 | 0.225 |
| 2 | 60 | 10 | 450 | 0.45 |
| 3 | 90 | 15 | 675 | 0.675 |
| 4 | 120 | 20 | 900 | 0.9 |
| 5 | 150 | 25 | 1,125 | 1.125 |
| Amount (grams/day) | Possession (grams/month) | Plants outdoors (all year) | Storage (grams) | Storage (kilograms) |
|---|---|---|---|---|
| 1 | 30 | 2 | 750 | 0.75 |
| 2 | 60 | 4 | 1,500 | 1.5 |
| 3 | 90 | 6 | 2,250 | 2.25 |
| 4 | 120 | 8 | 3,000 | 3 |
| 5 | 150 | 10 | 3,750 | 3.75 |