Marihuana Medical Access Regulations (SOR/2001-227)

Regulations are current to 2013-05-26 and last amended on 2010-03-11. Previous Versions

  •  (1) On request by the holder of a licence to produce, the Minister shall revoke the licence.

  • (2) Subject to section 64, the Minister shall revoke a licence to produce if

    • (a) the holder is not eligible under section 25 or 35, whichever applies;

    • (b) the holder of a personal-use production licence is found guilty of a designated marihuana offence committed after the date of issue of the licence;

    • (c) the holder of a designated-person production licence is found guilty of a designated drug offence committed after the date of issue of the licence;

    • (c.1) the holder of a licence to produce contravenes section 52;

    • (d) the holder of a licence to produce marihuana outdoors produces marihuana in contravention of section 53;

    • (e) the photograph submitted under paragraph 37(2)(e) or section 43 as part of the application for a designated-person production licence or renewal is not an accurate representation of the designated person; or

    • (f) the licence to produce was issued on the basis of false or misleading information.

  • SOR/2010-63, s. 3.

 Subject to section 64, if a production site is authorized under more than four licences to produce, the Minister shall revoke the excess licences.

  • SOR/2010-63, s. 4.

 The Minister shall not revoke an authorization to possess or a licence to produce under any of sections 62 to 63.1 unless

  • (a) the Minister has given the holder of the authorization or licence written notice of the reasons for the proposed revocation; and

  • (b) the holder has been given an opportunity to be heard.

  • SOR/2010-63, s. 5.

Destruction of Marihuana

  •  (1) If an authorization to possess expires without being renewed or is revoked, the holder shall destroy all marihuana in their possession.

  • (2) If a licence to produce expires without being renewed or is revoked, the holder of the licence shall discontinue production of marihuana and, subject to section 66, destroy all marihuana in their possession.

  • (3) Within 10 days after destroying the marihuana, the holder of the authorization or the licence shall notify the Minister, in writing, of the amount of marihuana destroyed.

  •  (1) If a personal-use production licence expires without being renewed but the holder remains the holder of a valid authorization to possess, the holder is not required to destroy dried marihuana that is not in excess of the maximum quantity permitted under the authorization.

  • (2) If a designated-person production licence expires without being renewed but the authorization to possess on the basis of which the licence was issued remains valid, the holder of the licence, before destroying marihuana, may immediately transport, transfer, give or deliver directly to the holder of the authorization not more than a quantity of dried marihuana that results in the holder of the authorization being in possession of the maximum quantity permitted under the authorization.