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  • August 2016 - The Access to Cannabis for Medical Purposes Regulations (ACMPR)

How to become a Licensed Producer to grow, distribute and sell cannabis in Canada.

Information on the new Access to Cannabis for Medical Purposes Regulations

On August 11, 2016, Health Canada announced the new Access to Cannabis for Medical Purposes Regulations (ACMPR).

These new regulations will replace the Marihuana for Medical Purposes Regulations (MMPR) when they come into force on August 24, 2016.

These new regulations will allow for reasonable access to cannabis for medical purposes.

How to commercially produce, distribute and sell cannabis legally in Canada.

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Backgrounder - Access to Cannabis for Medical Purposes Regulations (ACMPR)

Transitioning to a New System

The Minister of Health has announced proposed regulations that would change the way Canadians access marihuana for medical purposes. These proposed changes will not be finalized until the proposed Marihuana for Medical Purposes Regulations (MMPR) come into force (expected in spring 2013). Until that time, individuals will continue to obtain authorization under the current Marihuana Medical Access Program.

Here are some key dates in the transition to the new system:

Winter 2012

Health Canada, through Public Works and Government Services Canada, will keep its contract with Prairie Plant Systems for the production and distribution of marihuana for medical purposes. This contract will run until March 31, 2014, and will make sure that program participants who choose to purchase dried marihuana from Health Canada will continue to have access to a legal supply of marihuana for medical purposes during the transition period.

Health Canada will inform interested parties that they may apply to become authorized to conduct certain research and development activities with marihuana now, including testing plant materials and growing conditions. These activities could help potential licensed producers to be ready to apply for a licence as soon as the proposed regulations come into force.

Spring 2013

The Marihuana for Medical Purposes Regulations (MMPR) are expected to come into force.

In order to facilitate the transition from the Marihuana Medical Access Program (MMAP) to the MMPR, both would operate concurrently from the time the new regulations come into force until March 31, 2014. During that time, individuals could choose to continue to access marihuana for medical purposes under the MMAP or order directly from a licensed producer (as soon as they are approved by Health Canada).

Individuals would be allowed to use their Health Canada-issued authorization to possess or the medical declaration signed by their physician, for up to one year, to register with a licensed producer and place an order for dried marihuana from a licensed producer. This would help make sure that patients can access dried marihuana and it would not be interrupted when the current program comes to an end.

Once the first established licensed producers have set a price for dried marihuana, Health Canada will align the price of its own supply.

October 1, 2013

For authorized users under the Marihuana Medical Access Program (MMAP), this system would begin to wind down. Health Canada would no longer accept new applications under the MMAP for production licences or applications to change the location of a production site. This is because the time required to obtain seeds and produce a viable crop of marihuana for medical purposes is approximately six months and all production under the current program must end on March 31, 2014.

Health Canada would continue to renew personal use and designated production licences under the current MMAP.

Health Canada's supply would be available until March 31, 2014. Supply provided by approved licensed producers, will also be available after the coming into force of the MMPR and will be the only source of supply after March 31, 2014.

For new applicants, after October 1, 2013, individuals requiring access to marihuana for medical purposes who do not already hold a valid production licence for a given site would either have to obtain dried marihuana from Health Canada (until March 31, 2014 only), or go directly to an approved licensed producer.

April 1, 2014

The new system is expected to be fully implemented and the MMAP would end.

All authorizations to possess and licences to produce issued under the current program would expire. Holders of personal use and designated person production licences would no longer be allowed to grow their own crop.

Health Canada would no longer produce or sell marihuana for medical purposes.

All individuals requiring access to marihuana for medical purposes would have to obtain it from a licensed producer. This competitive industry would set its own prices, choose to sell a variety of strains, and be subject to security requirements, inspections, and good manufacturing practices.

August 24, 2016

Information on the new Access to Cannabis for Medical Purposes Regulations

On August 11, 2016, Health Canada announced the new Access to Cannabis for Medical Purposes Regulations (ACMPR).

The ACMPR came into force on August 24, 2016. These regulations replace the Marihuana for Medical Purposes Regulations (MMPR) as of August 24, 2016, and are being implemented as a result of the Federal Court ruling in the case of Allard v. Canada.

The ACMPR allow for reasonable access to cannabis for medical purposes for Canadians who have been authorized to use cannabis for medical purposes by their health care practitioner.

Under the ACMPR, Canadians who have been authorized by their health care practitioner to access cannabis for medical purposes will continue to have the option of purchasing safe, quality-controlled cannabis from one of the producers licensed by Health Canada.

Canadians will also be able to produce a limited amount of cannabis for their own medical purposes, or designate someone to produce it for them.

Individuals who have the support of a licensed health care practitioner may consult Accessing Cannabis for Medical Purposes for further information on how to access cannabis for medical purposes under the ACMPR.

Please refer to the statement released by Health Canada and supporting Fact Sheet for additional information.

For more information on the content of the new regulations, please see our guide: Understanding the New Access to Cannabis for Medical Purposes Regulations.

The following information bulletin is also available: Safety and security when producing cannabis for your own medical purposes.

The full text of the new regulations was published in the Canada Gazette, Part II, on August 24, 2016.

Regulations no longer in effect

The Marihuana for Medical Purposes Regulations (MMPR) were repealed on August 24, 2016. The MMPR created conditions for a commercial industry that is responsible for the production and distribution of marijuana for medical purposes.

They also made sure that Canadians with a medical need can access quality-controlled marijuana grown under secure and sanitary conditions.

The Marihuana Medical Access Regulations (MMAR) were repealed on March 31, 2014. However, as a result of a Federal Court Order granted on March 21, 2014, individuals who were previously authorized to possess and/or produce marijuana under the former MMAR and who meet the terms of the Federal Court injunction order may continue to do so until the Court orders otherwise.

Individuals covered by the injunction who wish to change the terms of their license, such as a change in address or designated producer, will be able to do so by registering with Health Canada under the new ACMPR.

 

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