QUICK TAKEAWAY
Medical Marijuana: Almost 300,000 Canadians rely on medical marijuana to treat nausea and glaucoma. They must be registered with Health Canada and can buy cannabis at licensed sellers or apply for permission to grow their own. The personal possession limits are higher than for regular cannabis consumers, but they must carry documentation to show they are authorized to use cannabis for medicinal purposes.
Table of Contents:
Medical Marijuana in Canada
According to Health Canada information (Data on cannabis for medical purposes), approximately 292,000 Canadians obtain cannabisDried leaves, extracts, oils and edibles derived from plants belonging to genus Cannabis from a federally licensed seller for medical reasons, with another 43,680 growing their own for medicinal purposes. The average daily amount authorized by healthcare practitioners for these individuals is two grams per day, which is “in line with published evidence about the use of cannabis for medical purposes.”
The federal document adds that scientific evidence suggests that people can safely take up to three grams per day of dried cannabis for medical purposes. However, amounts under one gram per day “are used with perceived benefits and decreased risk of side effects.”
Medical marijuana can be used to treat a variety of ailments, including cancer, muscle stiffness, chronic pain, nausea and glaucoma.
Medical Marijuana Regulation
The Cannabis Act came into force on October 17, 2018, regulating all aspects of marijuana distribution in Canada, including for medical uses. According to Health Canada (Cannabis for medical purposes under the Cannabis Act) information, people who their healthcare provider authorizes can access marijuana in three ways:
- buy it from a federally licensed retailerThose authorized to sell medical marijuana or authorized online sales platforms;
- register with Health Canada to grow their own cannabis for medical purposes; or
- designate someone to produce it for them.
If you buy from a federally licensed seller, you must show documentation proving you have medical authorization. If you want to grow your own or have someone grow it on your behalf, you must first register with Health Canada.
If you are already registered under the Access to Cannabis for Medical Purposes Regulations, Health Canada states you “do not need to do anything at this time,” as your registration should have transitioned automatically to the new regulatory system that is part of the Cannabis Act.
Growing Marijuana for Medical Purposes
If you want to grow your medical marijuana, the first step is to meet with your healthcare provider to discuss whether cannabis will be effective in your treatment, according to Health Canada (Registering to produce or possess cannabis for your own medical purposes.) If your physician agrees, you will be issued a medical document allowing you to buy cannabis from a federally approved supplier. If you want to grow your cannabis, you have to fill out an application stating that:
- you live in Canada;
- are 18 years of age or older;
- that you have not been convicted of a cannabis-related offence; and
- have not registered more than once.
Once you are authorized to produce cannabis for yourself, you may also be authorized to produce for one other person.
Storage Limits at Home
According to Health Canada (For people registered or designated to produce cannabis for medical purposes,) the registration certificate authorizing you to produce cannabis for your medical purposes will indicate:
- the number of marijuana plants you are allowed to grow
- the amount of dried marijuana you are allowed to store
- where you are allowed to produce and grow plants
- where you are permitted to store cannabis
The maximum number of plants you are allowed to grow and store is based on what your health care practitioner recommends and the formulas in the regulations (Calculator for the production of a limited amount of cannabis for medical purposes.) All cannabis, other than live plants, must be stored in your home, the production area or the home of the person you have designated to grow for you.
Possession Limits for Medical Marijuana
When you use medical marijuana and are in a public place, your possession limits are the lesser of 150 grams or a 30-day supply of dried cannabis, according to Health Canada information. You must carry proof showing you are authorized to consume cannabis medicinally, in case law enforcement requests your documentation. Health Canada says adding this can be done by showing:
- a registration document issued by a federally licensed seller;
- a registration certificate for personal or designated production; or
- a registration certificate for possession only.
What remains illegal
According to Health Canada information (Understanding the New Access to Cannabis for Medical Purposes Regulations,) access to marijuana for medical purposes is only permitted under the terms and conditions set out in the regulations. Stores that sell marijuana to the general public are not authorized to sell it for medical or any other purposes.
People registered to produce a limited amount of cannabis for themselves are not allowed to sell, provide or give cannabis to another person. Those people who grow the drug for others must be registered with Health Canada and cannot be supplying more than two others, or one other if they themselves are consuming it. They are not allowed to sell or give cannabis to others. Registered and designated persons may not produce in excess of the maximum limits outlined in a registration certificate.
It is also illegal for a company or an individual to advertise cannabis to the general public.
CalgaryLawyersNear Me
Roulston Urquhart Criminal Defence
Mann Law
McKay Ferg LLP
Foster Iovinelli Beyak Kothari
Kay Mahoney Koustov Law
Dunn & Associates Criminal Defence Lawyers
Glossary of Legal Terms
Cannabis
A product of plants belonging to genus Cannabis. The end product comes in many forms, including dried flowers and leaves, hash, extracts, oils and edibles.
Licensed retailer
Those authorized by the federal government to sell medical marijuana.
