Marihuana Medical Access Regulations

Extract

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Marihuana Medical Access Regulations

Vol. 135, No. 14 — July 4, 2001

Registration SOR/2001-227 14 June, 2001

CONTROLLED DRUGS AND SUBSTANCES ACT

Marihuana Medical Access Regulations

P.C. 2001-1146 14 June, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances Act, hereby makes the annexed Marihuana Medical Access Regulations.

MARIHUANA MEDICAL ACCESS REGULATIONS

INTERPRETATION

1. (1) The following definitions apply in these Regulations.

"Act" means the Controlled Drugs and Substances Act. (Loi)

"adverse drug reaction" means a noxious and unintended response to a drug that occurs at doses normally used or tested for the diagnosis, treatment or prevention of a medical condition or the modification of an organic function. (réaction indésirable à une drogue)

"authorization to possess" means an authorization to possess dried marihuana issued under section 11. (autorisation de possession)

"category 1 symptom" means a symptom that is associated with a terminal illness or its medical treatment. (symptôme de catégorie 1)

"category 2 symptom" means a symptom, other than a category 1 symptom, that is set out in column 2 of the schedule and that is associated with a medical condition set out in column 1 or its medical treatment. (symptôme de catégorie 2)

"category 3 symptom" means a symptom, other than a category 1 or 2 symptom, that is associated with a medical condition or its medical treatment. (symptôme de catégorie 3)

"conventional treatment" means, in respect of a symptom, a medical or surgical treatment that is generally accepted by the Canadian medical community as a treatment for the symptom. (traitement conventionnel)

"designated drug offence" means

(a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

(b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

(c) an offence under Part I of the Act, except subsection 4(1); or

(d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to or any counselling in relation to an offence referred to in any of paragraphs (a) to (c). (infraction désignée en matière de drogue)

"designated marihuana offence" means

(a) an offence, in respect of marihuana, against section 5 of the Act, or against section 6 of the Act except with respect to importation; or

(b) a conspiracy or an attempt to commit or being an accessory after the fact in relation to or any counselling in relation to an offence referred to in paragraph (a). (infraction désignée relativement à la marihuana)

"designated person" means the person designated, in an application made under section 37, to produce marihuana for the applicant. (personne désignée)

"designated-person production licence" means a licence issued under section 40. (licence de production à titre de personne désignée)

"dried marihuana" means harvested marihuana that has been subjected to any drying process. (marihuana séchée)

"licence to produce" means either a personal-use production licence or a designated-person production licence. (licence de production)

"marihuana" means the substance referred to as "Cannabis (marihuana)" in subitem 1(2) of Schedule II to the Act. (marihuana)

"medical practitioner" means a person who is authorized under the laws of a province to practise medicine in that province and who is not named in a notice given under section 58 or 59 of the Narcotic Control Regulations. (médecin)

"medical purpose" means the purpose of mitigating a person's category 1, 2 or 3 symptom identified in an application for an authorization to possess. (fins médicales)

"personal-use production licence" means a licence issued under section 29. (licence de production à des fins personnelles)

"production area" means the place where the production of marihuana is conducted, that is

(a) entirely indoors;

(b) entirely outdoors; or

(c) partly indoors and partly outdoors but without any overlapping period between the two types of production. (aire de production)

"specialist" means a medical practitioner who is recognized as a specialist by the medical licensing authority of the province in which the practitioner is authorized to practise medicine. (spécialiste)

"terminal illness" means a medical condition for which the prognosis is death within 12 months. (maladie en phase terminale)

(2) For the purpose of sections 28 and 53, a site for the production of marihuana is considered to be adjacent to a place if the boundary of the land on which the site is located has at least one point in common with the boundary of the land on which the place is located.

PART 1

AUTHORIZATION TO POSSESS

Authorized Activity

2. The holder of an authorization to possess is authorized to possess dried ...

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