PART 1AUTHORIZATION TO POSSESS
2. The holder of an authorization to possess is authorized to possess dried marihuana, in accordance with the authorization, for the medical purpose of the holder.
Eligibility for Authorization to Possess
3. A person is eligible to be issued an authorization to possess only if the person is an individual who ordinarily resides in Canada.
- SOR/2007-207, s. 2(E).
Application for Authorization to Possess
4. (1) A person seeking an authorization to possess dried marihuana for a medical purpose shall submit an application to the Minister.
(2) An application under subsection (1) shall contain
(a) a declaration of the applicant;
(b) a medical declaration made by the medical practitioner treating the applicant; and
(c) two copies of a current photograph of the applicant.
- SOR/2003-387, s. 1;
- SOR/2005-177, s. 2.
5. (1) The declaration of the applicant under paragraph 4(2)(a) must indicate
(a) the applicant’s name, date of birth and gender;
(b) the full address of the place where the applicant ordinarily resides as well as the applicant’s telephone number and, if applicable, facsimile transmission number and e-mail address;
(c) the mailing address of the place referred to in paragraph (b), if different;
(d) if the place referred to in paragraph (b) is an establishment that is not a private residence, the type and name of the establishment;
(e) in the case of an application for an authorization to possess that is submitted on or before September 30, 2013 or an application for the renewal of an authorization to possess, that the authorization is sought in respect of marihuana to be
(i) produced by the applicant or a designated person, in which case the designated person must be named, or
(ii) obtained under section 70.2 from a licensed dealer producing marihuana under contract with Her Majesty in right of Canada or obtained from a medical practitioner under section 70.4;
(e.1) in the case of an application for an authorization to possess that is submitted after September 30, 2013, that the authorization is sought in respect of marihuana to be obtained under section 70.2 from a licensed dealer producing marihuana under contract with Her Majesty in right of Canada or obtained from a medical practitioner under section 70.4;
(f) that the applicant is aware that no notice of compliance has been issued under the Food and Drug Regulations concerning the safety and effectiveness of marihuana as a drug;
(g) that the applicant has discussed the potential benefits and risks of using marihuana with the medical practitioner providing the medical declaration under paragraph 4(2)(b);
(h) that the applicant
(i) is aware that the benefits and risks associated with the use of marihuana are not fully understood and that the use of marihuana may involve risks that have not yet been identified, and
(ii) accepts the risks associated with using marihuana;
(i) if the daily amount stated under paragraph 6(1)(c) is more than five grams, that the applicant
(i) has discussed the potential risks associated with an elevated daily consumption of dried marihuana with the medical practitioner providing the medical declaration, including risks with respect to the effect on the applicant’s cardio-vascular and pulmonary systems and psychomotor performance, risks associated with the long-term use of marihuana as well as potential drug dependency, and
(ii) accepts those risks; and
(j) that marihuana will be used only for the treatment of the symptom stated for the applicant under paragraph 6(1)(b).
(2) The declaration must be dated and signed by the applicant attesting that the information contained in it is correct and complete.
- SOR/2003-387, s. 2;
- SOR/2005-177, s. 3;
- SOR/2013-119, s. 230.
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