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Medical Marijuana - Licenced Commercial Producers

The Access to Cannabis for Medical Purposes Regulations (ACMPR)

The Access to Cannabis for Medical Purposes Regulations (ACMPR) allows you to grow cannabis at home for personal medical use or produce, distribute and sell marijuana commercially as a business. As such, there are different types of licenses.

Are you applying for a commercial Production License through Health Canada's ACMPR program? We provide consulting for the application process. Contact us for details.

Information on the new Access to Cannabis for Medical Purposes Regulations (ACMPR)

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

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

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

ACMPR industry producer licensing and business consulting - Contact us here.

 

 

The Marihuana for Medical Purposes Regulations (MMPR)

Regulation of Marihuana in Canada

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, e.g., possession, 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 CDSA.

Program History

In 1999, Health Canada established the Marihuana Medical Access Program (the Program) so as to provide seriously ill Canadians suffering from grave and debilitating illnesses with access to a legal source of dried marihuana for medical purposes. In the original Program, Health Canada authorized individuals to possess marihuana and/or to produce a limited number of plants for medical use through exemptions issued under section 56 of the CDSA.

In July 2000, the Ontario Court of Appeal found fault with the discretionary way in which Health Canada was using Section 56 of the CDSA as the means of granting authorization to possess and/or produce dried marihuana for medical purposes. In response, Health Canada established the Marihuana Medical Access Regulations (MMAR).

The MMAR set out a scheme by which any seriously ill Canadian can, with a declaration from a physician, obtain an authorization to possess and/or a licence to produce dried marihuana for their own personal medical use. The MMAR also provide for an authorized person to designate someone to grow marihuana on their behalf. In 2003, the MMAR were amended to provide for the option for authorized persons to obtain dried marihuana or marihuana seeds for medical purposes by Health Canada.

Since 2003, the MMAR have been amended on a number of occasions, so as to streamline the Program, respond to stakeholder concerns and/or address additional court decisions.

The new improvements being considered would not alter the Program's intent to provide seriously ill Canadians with reasonable access to a legal source of marihuana for medical purposes, where conventional treatments are not appropriate and/or have failed to provide necessary relief.

The core of the redesigned Program would be a new, simplified process in which Health Canada no longer receives applications from program participants. A new supply and distribution system for dried marihuana that relies on licensed commercial producers would be established.

These licensed commercial producers, who would be inspected and audited by Health Canada so as to ensure that they comply with all applicable regulatory requirements, would be able to cultivate any strain(s) of marihuana they choose. Finally, the production of marihuana for medical purposes by individuals in homes and communities would be phased out.

Individuals wishing to use marihuana for medical purposes would still be required to consult a physician who is licensed to practice medicine in Canada.

The New Opportunity - The Medical Marihuana Industry in Canada

Dried Marihuana Production and Distribution - Licenced Producers

  • Under the proposed redesigned program, Health Canada would no longer enter into a contract with a commercial entity to supply and distribute dried marihuana and marihuana seeds.
  • The only legal source of dried marihuana would be commercial producers, who would be licensed by Health Canada to produce and distribute dried marihuana. Individuals would purchase their supply of dried marihuana from one of these licensed commercial producers.
  • Personal and designated production would be phased out.
  • 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 set out in new proposed 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.
  • Health Canada would establish a comprehensive compliance and enforcement regime for licensed commercial producers, centered on regular audits and inspections.
  • Licensed commercial producers would be required to comply with specific product labelling and packaging requirements. The label and/or the package itself could be one way by which a program participant could demonstrate that their supply of marihuana is legal.
  • Licensed commercial producers would only be permitted to produce marihuana indoors.
  • Licensed commercial producers would be able to produce any strain(s) of marihuana, thus giving individuals greater choice as to which strain(s) they wish to use.
  • Licensed commercial producers would set the price for marihuana for medical purpose.
  • Licensed commercial producers would only be able to send the dried marihuana they cultivate to individuals by registered mail or bonded courier.

If you are interested in applying for a commercial production license, contact us.

We provide consulting for the application process.

Consulting Services: Industry, Government, Regulatory, Policy & Planning, MMPR

Contact us here.

 

 

 

 

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