Marihuana Medical Access Regulations (SOR/2001-227)

Regulations are current to 2013-04-29 and last amended on 2010-03-11. Previous Versions

Issuance of Authorization to Possess

  •  (1) Subject to section 12, if the requirements of sections 4 to 10 are met, the Minister shall issue to the applicant an authorization to possess for the medical purpose mentioned in the application, and shall provide notice of the authorization to the medical practitioner who made the medical declaration under paragraph 4(2)(b).

  • (2) The authorization shall indicate

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

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

    • (c) the authorization number;

    • (d) the name of the medical practitioner who made the medical declaration under paragraph 4(2)(b);

    • (e) the maximum quantity of dried marihuana, in grams, that the holder may possess at any time;

    • (f) the date of issue; and

    • (g) the date of expiry.

  • (3) The maximum quantity of dried marihuana referred to in paragraph (2)(e) or resulting from an amendment under subsection 20(1) is the amount determined according to the following formula:

    A × 30

    where A  
    is the daily amount of dried marihuana, in grams, stated under paragraph 6(1)(c) or subparagraph 19(2)(d)(i), whichever applies.
  • SOR/2005-177, s. 8.

Grounds for Refusal

  •  (1) The Minister shall refuse to issue an authorization to possess if

    • (a) the applicant is not eligible under section 3; or

    • (b) any information, statement or other item included in the application is false or misleading;

    • (c[Repealed, SOR/2005-177, s. 9]

    • (d[Repealed, SOR/2003-387, s. 6]

  • (2) If the Minister proposes to refuse to issue an authorization to possess, the Minister shall

    • (a) notify the applicant in writing of the reason for the proposed refusal; and

    • (b) give the applicant an opportunity to be heard.

  • SOR/2003-387, s. 6;
  • SOR/2005-177, s. 9.

Expiry of Authorization

 An authorization to possess expires 12 months after its date of issue or, if a shorter period is specified in the application for the authorization under paragraph 6(1)(d), at the end of that period.

Renewal of Authorization to Possess

  •  (1) An application to renew an authorization to possess shall be made to the Minister by the holder of the authorization and must include

    • (a) the authorization number; and

    • (b) the material required under sections 4 to 10.

  • (2) For the purpose of paragraph (1)(b), a photograph referred to in paragraph 4(2)(c) is required only with every fifth renewal application.

  • SOR/2003-387, s. 7;
  • SOR/2005-177, s. 10.