Medical Marijuana

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.

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 retailerA person or business legally authorized to sell a regulated product. 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.

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.

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.

Under the Cannabis Act, adults in Canada may possess up to 30 grams of dried cannabis (or the equivalent in other forms) in a public place. If you use cannabis for medical purposes and are registered under the Cannabis Regulations, SOR/2018-144, you may be authorized to carry more than that general limit. Specifically, registered medical users may possess in public the lesser of 150 grams of dried cannabis or 30 times the daily quantity of dried cannabis set out in their registration document or registration certificate, as provided in s.266 of the Cannabis Regulations.

Because this amount exceeds what the general 30-gram rule permits, carrying your proof of registration when you are in public is strongly advisable. If a police officer questions your possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control., your documentation shows that you are authorized to hold more than the general adult limit. Health Canada recognizes two current forms of documentation under the Regulations:

• a registration document issued by a federally licensed seller (for clients registered with a licensed cannabis seller); or
• a registration certificate issued by Health Canada (for persons registered to produce cannabis for their own medical purposes).

The specific form of documentation you hold depends on how you access your medical cannabis. If you are unsure which applies to you, check with your licensed seller or the health care practitioner who authorized your use, or consult Health Canada's current guidance directly.

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.

Medical cannabis is not a separate criminal offence category. Medical access is governed by the Cannabis Regulations. If someone possesses, produces, distributes, sells, imports, or exports cannabis outside what the law authorizes, the general Cannabis Act offence provisions may apply.

Cannabis is no longer listed in the CDSA schedules. It is governed by the Cannabis Act and Cannabis Regulations.