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Section 56 Class Exemption for Individuals Authorized to Possess or to Produce Marihuana for Medical Purposes by virtue of an interim injunction

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Definitions

The terms used in this exemption have the same meaning as they do in the Controlled Drugs and Substances Act (CDSA) and its regulations, except as defined below:

  • "authorized person" means a person who

    1. was authorized to possess or produce marihuana under the Marihuana Medical Access Regulations (MMAR) that were repealed on March 31, 2014; and
    2. is a member of a class of individuals who continue to be authorized to possess or produce marihuana for medical purposes by virtue of an interim injunction issued by a court. 
  • "fresh marihuana" means fresh marihuana buds and leaves, but does not include plant material that can be used to propagate marihuana.

    "organic solvent" means any organic compound that is highly flammable, explosive or toxic, including (but not limited to) petroleum naphtha and compressed liquid hydrocarbons, such as butane, iso-butane, propane, and propylene.

    "person providing assistance" means a person who is providing assistance in the administration of marihuana or a product described in paragraph (c) of the "Scope of Exemption" section below to an authorized person who holds an authorization to possess.

Scope of Exemption

Pursuant to section 56 of the CDSA, an authorized person who complies with the terms and conditions set out below is exempted from the application of subsection 4(1) and sections 5 and 7 of the CDSA and subsection 8(1) of the Narcotic Control Regulations (NCR) to the extent necessary to allow the authorized person to

  1. in the case where the person holds an authorization to possess, possess fresh marihuana;
  2. alter the chemical or physical properties of

    1. fresh or dried marihuana that the person is authorized to possess by virtue of this exemption or an interim injunction issued by a court,
    2. a product resulting from an alteration described in subparagraph (i), or
    3. a product that is derived from a product described in subparagraph (ii);
  3. possess any products resulting from an alteration described in paragraph (b);

  4. in the case where the person holds a designated-person production licence, sell, provide, ship, transport, send or deliver fresh marihuana or any products described in paragraph (c) to the person indicated in the licence as the person for whom the licence holder is authorized to produce.

Pursuant to section 56 of the CDSA, a person providing assistance is exempted from subsection 4(1) and section 5 of the CDSA and subsection 8(1) of the NCR to the extent necessary to allow the person, for the purposes of providing the assistance to the authorized person, to possess and provide fresh marihuana or a product described in paragraph (c) above - in an amount not exceeding the equivalent of 5 g of dried marihuana - that has been obtained by the authorized person.

Terms and Conditions

  1. An authorized person must comply with the terms and conditions set out in an interim injunction issued by a court.

  2. An authorized person must not cultivate, propagate or harvest marihuana unless they hold a production licence.

  3. An authorized person must not use organic solvents when they are altering the chemical or physical properties of fresh or dried marihuana or a product described in paragraph (c) above.

  4. An authorized person who holds an authorization to possess must not possess a total quantity of fresh marihuana, products described in paragraph (c) above and dried marihuana that, taking into account the weight of the fresh marihuana and the weight of the fresh or dried marihuana that was used to make the products, would result in the person possessing more than the equivalent of the maximum quantity specified in the authorization to possess or 150 g of dried marihuana, whichever is less.  For the purposes of this term and condition, 5 g of fresh marihuana is equivalent to 1 g of dried marihuana.

  5. An authorized person who holds a production licence must not possess a total quantity of fresh marihuana, products described in paragraph (c) above and dried marihuana that, taking into account the weight of the fresh marihuana and the weight of the fresh or dried marihuana that was used to make the products, would result in the person possessing more than the equivalent of the quantity of dried marihuana that may be kept at the producer's site, as specified in the production licence. For the purposes of this term and condition, 5 g of fresh marihuana is equivalent to 1 g of dried marihuana.

  6. An authorized person who holds a designated-person production licence must, when sending or transporting fresh marihuana or a product described in paragraph (c) above from the site specified in the licence where dried marihuana may be kept to the place of residence of the person who holds the authorization to possess on the basis of which the licence was issued, must:

    1. send or transport the marihuana or product directly from the site to the place of residence; and
    2. comply with the obligations set out in subsection 34(1.1) of the MMAR, as that subsection read immediately before those Regulations were repealed.
  7. An authorized person who holds a designated-person production licence must not provide or deliver a quantity of fresh marihuana or a quantity of a product described in paragraph (c) above that, taking into account the weight of the fresh marihuana, the weight of the fresh or dried marihuana that was used to make the product and the weight of any dried marihuana that is being delivered, would result in the person possessing more than the equivalent of the maximum quantity specified in the authorization to possess on the basis of which the licence was issued or 150 g of dried marihuana, whichever is less. For the purposes of this term and condition, 5 g of fresh marihuana is equivalent to 1 g of dried marihuana.

Effective Date : July 8, 2015