Marihuana Medical Access Regulations (SOR/2001-227)

• 39. (1) The declaration of the designated person under paragraph 37(2)(b) must

  • (a) include the information referred to in paragraphs 28(1)(e) to (g) and (i);

  • (b) indicate that the dried marihuana will be kept indoors and whether it is proposed to keep it at:

    • (i) the proposed production site, or

    • (ii) the ordinary place of residence of the designated person, if the proposed production site is not the ordinary place of residence of the applicant; and

  • (c) indicate that, within the 10 years preceding the application, the designated person has not been convicted, as an adult, of

    • (i) a designated drug offence, or

    • (ii) an offence that, if committed in Canada, would have constituted a designated drug offence.

• (2) The declaration must be dated and signed by the designated person and attest that the information contained in it is correct and complete.

• 40. (1) Subject to section 41, if the requirements of sections 37 to 39 are met, the Minister shall issue a designated-person production licence to the designated person.

• (2) The licence shall indicate

  • (a) the name, date of birth and gender of the holder of the licence;

  • (b) the name, date of birth and gender of the person for whom the holder of the licence is authorized to produce marihuana and the full address of that person’s place of ordinary residence;

  • (c) the full address of the place where the holder of the licence ordinarily resides;

  • (d) the licence number;

  • (e) the full address of the site where the production of marihuana is authorized;

  • (f) the authorized production area;

  • (g) the maximum number of marihuana plants that may be under production at the production site at any time;

  • (h) the full address of the site where the dried marihuana may be kept;

  • (i) the maximum quantity of dried marihuana, in grams, that may be kept at the site authorized under paragraph (h) at any time;

  • (j) the date of issue; and

  • (k) the date of expiry.

41. The Minister shall refuse to issue a designated-person production licence

• (a) if the designated person is not eligible under section 35;

• (b) if the designated person would become the holder of more than two licences to produce; or

• (b.1) [Repealed, SOR/2009-142, s. 1]

• (c) for any reason referred to in paragraphs 32(a) to (d).