Marihuana Medical Access Regulations (SOR/2001-227)
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Regulations are current to 2013-04-29 and last amended on 2010-03-11. Previous Versions
22. [Repealed, SOR/2005-177, s. 13]
Providing Assistance to Holder
23. While in the presence of the holder of an authorization to possess and providing assistance in the administration of marihuana to the holder, the person providing the assistance may, for the purpose of providing the assistance, possess a quantity of dried marihuana not exceeding an amount equal to the maximum quantity of dried marihuana the holder is authorized to possess as set out in the authorization to possess, divided by 30.
- SOR/2005-177, s. 14.
PART 2
LICENCE TO PRODUCE
Personal-use Production Licence
Authorized Activities
24. The holder of a personal-use production licence is authorized to produce and keep marihuana, in accordance with the licence, for the medical purpose of the holder.
Eligibility for Licence
25. (1) Subject to subsection (2), a person is eligible to be issued a personal-use production licence only if the person is an individual who ordinarily resides in Canada and who has reached 18 years of age.
(2) If a personal-use production licence is revoked under paragraph 63(2)(b), the person who was the holder of the licence is ineligible to be issued another personal-use production licence during the period of 10 years after the revocation,
- SOR/2007-207, s. 4(E).
Application for Licence
26. (1) An application for a personal-use production licence shall be considered only if it is made by a person who
(a) is the holder of an authorization to possess on the basis of which the licence is applied for; or
(b) is not the holder of an authorization to possess, but either has applied for an authorization to possess or is applying for an authorization to possess concurrently with the licence application.
(2) If paragraph (1)(b) applies, the Minister must grant or refuse the application for an authorization before considering the licence application.
- SOR/2007-207, s. 5(E).
27. (1) A person mentioned in subsection 26(1) who is seeking a personal-use production licence shall submit an application to the Minister.
(2) The application must include
(a) a declaration by the applicant; and
(b) if the proposed production site is not the applicant’s ordinary place of residence and is not owned by the applicant, a declaration dated and signed by the owner of the site consenting to the production of marihuana at the site.
(3) The application may not be made jointly with another person.
- SOR/2007-207, s. 6(E).
Applicant’s Declaration
28. (1) The declaration of the applicant under paragraph 27(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 applicant is the holder of an authorization to possess, the number of the authorization;
(e) the full address of the site where the proposed production of marihuana is to be conducted;
(f) the proposed production area;
(g) if the proposed production area involves outdoor production entirely or partly indoor and partly outdoor production, that the production site is not adjacent to a school, public playground, day care facility or other public place frequented mainly by persons under 18 years of age;
(h) that the dried marihuana will be kept indoors and indicating whether it is proposed to keep it at
(i) the proposed production site, or
(ii) the ordinary place of residence of the applicant, if different; and
(i) a description of the security measures that will be implemented at the proposed production site and the proposed site where dried marihuana will be kept.
(2) The declaration must be dated and signed by the applicant and attest that the information contained in it is correct and complete.
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