Marihuana Medical Access Regulations (SOR/2001-227)

• 31. (1) In the formulas in subsection (2),

  • (a) “D” is,

    • (i) if the production area is entirely indoors or outdoors, the maximum number of marihuana plants that the holder of the licence to produce is authorized to produce, calculated under paragraphs 30(2)(a) or (b), whichever applies,

    • (ii) if the production area is partly indoors and partly outdoors, the maximum number of marihuana plants that the holder of the licence to produce is authorized to produce, calculated under subparagraph 30(2)(c)(ii); and

  • (b) “E” is the maximum quantity of dried marihuana mentioned in subsection 21(2) and in paragraphs 29(2)(h) and 40(2)(i).

• (2) The maximum quantity of dried marihuana referred to in paragraph (1)(b) is determined according to whichever of the following formulas applies:

  • (a) if the production area is entirely indoors,

    E = D × B × 1.5

    where B  

    is 30 grams, being the expected yield of dried marihuana per plant,

  • (b) if the production area is entirely outdoors,

    E = D × B × 1.5

    where B  

    is 250 grams, being the expected yield of dried marihuana per plant, and

  • (c) if the production area is partly indoors and partly outdoors,

    E = D × B × 1.5

    where B  

    is 250 grams, being the expected yield of dried marihuana per plant.

32. The Minister shall refuse to issue a personal-use production licence if

• (a) the applicant is not a holder of an authorization to possess;

• (b) the applicant is not eligible under section 25;

• (c) any information or statement included in the application is false or misleading;

• (d) the proposed production site would be a site for the production of marihuana under more than four licences to produce; or

• (e) the applicant would be the holder of more than two licences to produce.

33. A personal-use production licence expires on the earlier of

• (a) 12 months after its date of issue, and

• (b) the date of expiry of the authorization to possess held by the licence holder.

• 34. (1) The holder of a designated-person production licence is authorized, in accordance with the licence,

  • (a) to produce marihuana for the medical purpose of the person who applied for the licence;

  • (b) to possess and keep, for the purpose mentioned in paragraph (a), a quantity of dried marihuana not exceeding the maximum quantity specified in the licence;

  • (c) if the production site specified in the licence is different from the site where dried marihuana may be kept, to transport directly from the first to the second site a quantity of dried marihuana not exceeding the maximum quantity that may be kept under the licence;

  • (d) subject to subsection (1.1), if the site specified in the licence where dried marihuana may be kept is different from the place where the person who applied for the licence ordinarily resides, to send or transport directly from that site to the place of residence a quantity of dried marihuana not exceeding the maximum quantity specified in the authorization to possess on the basis of which the licence was issued; and

  • (e) to provide or deliver to the person who applied for the licence a quantity of dried marihuana not exceeding the maximum quantity specified in the authorization to possess on the basis of which the licence was issued.

• (1.1) A holder of a designated-person production licence sending dried marihuana under paragraph (1)(d) shall

  • (a) securely pack the marihuana in a package that

    • (i) will not open or permit the escape of its contents during handling and transportation,

    • (ii) is sealed so that the package cannot be opened without the seal being broken,

    • (iii) prevents the escape of odour associated with the marihuana, and

    • (iv) prevents the contents from being identified without the package being opened; and

  • (b) use a method of sending that involves

    • (i) a means of tracking the package during transit,

    • (ii) obtaining a signed acknowledgment of receipt, and

    • (iii) safekeeping of the package during transit.

• (2) [Repealed, SOR/2003-387, s. 8]