Frequently Asked Questions - Medical Use of Marihuana

The following are the most frequently asked questions regarding the medical use of marihuana:

• Where does Canada stand on the issue of medical use of marihuana?
• Does this legislation mean that marihuana is a legal substance?
• Who is eligible to obtain an authorization to possess marihuana?
• How does someone apply to possess marihuana for medical purposes?
• Where does Health Canada's supply of marihuana come from?
• Can patients grow their own marihuana?
• Has Health Canada issued a Notice of Compliance?

Go to Medical Use of Marihuana

Where does Canada stand on the issue of 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.

Does this legislation mean that marihuana is a legal substance?

No. Marihuana is categorized as a controlled substance. It is not legal to grow or possess marihuana except with legal permission by Health Canada. The Marihuana Medical Access Regulations allow access to marihuana to people who are suffering from grave 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.

Who is eligible to obtain an authorization to possess marihuana?

The regulations outline two categories of people who can apply to possess marihuana for medical purposes.

Category 1: This category is comprised of any symptoms treated within the context of providing compassionate end-of-life care; or the symptoms associated with the specified medical conditions listed in the schedule to the Regulations, namely:

• Severe pain and/or persistent muscle spasms from multiple sclerosis;
• Severe pain and/or persistent muscle spasms from a spinal cord injury;
• Severe pain and/or persistent muscle spasms from spinal cord disease;
• Severe pain, cachexia, anorexia, weight loss, and/or severe nausea from cancer;
• Severe pain, cachexia, anorexia, weight loss, and/or severe nausea from HIV/AIDS infection;
• Severe pain from severe forms of arthritis; or
• Seizures from epilepsy.

Applicants must provide a declaration from a medical practitioner to support their application.

Category 2: This category is for applicants who have debilitating symptom (s) of medical condition (s), other than those described in Category 1. Under Category 2, persons with debilitating symptoms can apply to obtain an Authorization to Possess dried marihuana for medical purposes, if a specialist confirms the diagnosis and that conventional treatments have failed or judged inappropriate to relieve symptoms of the medical condition. While an assessment of the applicant's case by a specialist is required, the treating physician, whether or not a specialist, can sign the medical declaration.

How does someone apply to possess marihuana for medical purposes?

An application must be submitted in writing to Health Canada. Application forms and guidelines are available online or by calling Health Canada toll-free, at: 1-866-337-7705. Applicants must provide a declaration from a medical practitioner to support the application.

Where does Health Canada's supply of marihuana come from?

In December 2000, Health Canada contracted Prairie Plant Systems Inc. (PPS) to cultivate and produce a safe, standardized, homogenous supply of marihuana.

Can applicants grow their own marihuana?

Yes, if you are authorized by Health Canada to possess dried marihuana for medical purposes, you can apply for a Personal-Use Production Licence or apply to have someone grow for you with a Designated-Person Production Licence if you are unable to grow your own.

Has Health Canada issued a Notice of Compliance?

It is important to note, and it is important that applicants understand, that no Notice of Compliance has been issued for marihuana for medical purposes. A Notice of Compliance is a letter of approval from the Therapeutic Products Directorate of Health Canada indicating that a drug has been assessed and has complied with the Food and Drugs Act and Regulations regarding safety, efficacy and quality. These regulations set out the necessary contents of the submission for a Notice of Compliance. All drugs sold in Canada must have a Notice of Compliance.