Marihuana for Medical Purposes Regulations (SOR/2013-119)

Regulations are current to 2016-06-06 and last amended on 2015-06-05. Previous Versions

Marihuana for Medical Purposes Regulations

SOR/2013-119

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 2013-06-07

Marihuana for Medical Purposes Regulations

P.C. 2013-645 2013-06-06

Whereas a provision of the annexed Regulations provides for the communication of information obtained under the Regulations to certain classes of persons referred to in paragraph 55(1)(s) of the Controlled Drugs and Substances ActFootnote a and, in the opinion of the Governor in Council, it is necessary to communicate that information to those classes of persons for the proper administration or enforcement of the Act and the Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances ActFootnote a, makes the annexed Marihuana for Medical Purposes Regulations.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Loi

    Act means the Controlled Drugs and Substances Act. (Loi)

    adult

    adulte

    adult means a person who is 18 years of age or older. (adulte)

    advertisement

    annonce

    advertisement has the same meaning as in section 2 of the Narcotic Control Regulations. (annonce)

    brand name

    marque nominative

    brand name means, with reference to cannabis, the name, in English or French,

    • (a) that is assigned to it;

    • (b) that is used to distinguish it; and

    • (c) under which it is sold, provided or advertised. (marque nominative)

    cannabis

    chanvre indien

    cannabis means the substance set out in item 1 of Schedule II to the Act. (chanvre indien)

    client

    client

    client means a person who is registered as a client with a licensed producer under section 111. (client)

    competent authority

    autorité compétente

    competent authority has the same meaning as in section 2 of the Narcotic Control Regulations. (autorité compétente)

    delta-9-tetrahydrocannabinol

    delta-9-tétrahydrocannabinol

    delta-9-tetrahydrocannabinol means Δ9-tetrahydrocannabinol ((6aR, 10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-ol). (delta-9-tétrahydrocannabinol)

    dried marihuana

    marihuana séchée

    dried marihuana means harvested marihuana that has been subjected to any drying process. (marihuana séchée)

    former Regulations

    ancien règlement

    former Regulations means the Marihuana Medical Access Regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227. (ancien règlement)

    health care practitioner

    praticien de la santé

    health care practitioner means, except in sections 102 and 102.1, a medical practitioner or a nurse practitioner. (praticien de la santé)

    hospital

    hôpital

    hospital has the same meaning as in section 2 of the Narcotic Control Regulations. (hôpital)

    immediate container

    contenant immédiat

    immediate container means the container referred to in paragraph 64(a). (contenant immédiat)

    international obligation

    obligation internationale

    international obligation means an obligation in respect of cannabis set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

    licensed dealer

    distributeur autorisé

    licensed dealer has the same meaning as in section 2 of the Narcotic Control Regulations. (distributeur autorisé)

    licensed producer

    producteur autorisé

    licensed producer means the holder of a licence issued under section 25. (producteur autorisé)

    local government

    administration locale

    local government includes the government of

    • (a) an incorporated or unincorporated city, metropolitan area, town, village or municipality;

    • (b) a band, as defined in subsection 2(1) of the Indian Act; and

    • (c) a band that is a party to a comprehensive self-government agreement given effect by an Act of Parliament. (administration locale)

    marihuana

    marihuana

    marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Act. (marihuana)

    medical document

    document médical

    medical document means a medical document referred to in section 129. (document médical)

    medical practitioner

    médecin

    medical practitioner means a person who

    • (a) is registered and entitled under the laws of a province to practise medicine in that province; and

    • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations. (médecin)

    nurse practitioner

    infirmier praticien

    nurse practitioner means a nurse practitioner within the meaning of section 1 of the New Classes of Practitioners Regulations who

    • (a) is permitted to prescribe dried marihuana in the province in which they practise; and

    • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations. (infirmier praticien)

    pest control product

    produit antiparasitaire

    pest control product has the same meaning as in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)

    pharmacist

    pharmacien

    pharmacist means a pharmacist within the meaning of section 2 of the Narcotic Control Regulations who is not named in a notice issued under section 48 of those Regulations that has not been retracted under section 49 of those Regulations. (pharmacien)

    responsible person in charge

    personne responsable

    responsible person in charge means, for the purpose of Part 1, the person designated under paragraph 22(1)(b). (personne responsable)

    security clearance

    habilitation de sécurité

    security clearance means a security clearance granted by the Minister under section 92. (habilitation de sécurité)

    Security Directive

    Directive en matière de sécurité

    Security Directive means the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances) published by the Department of Health, as amended from time to time. (Directive en matière de sécurité)

    senior person in charge

    responsable principal

    senior person in charge means the person designated under paragraph 22(1)(a). (responsable principal)

    site

    installation

    site means

    • (a) a building or a place in a building used by a licensed producer; or

    • (b) an area occupied exclusively by buildings used by a licensed producer. (installation)

    transfer

    transférer

    transfer means, except in sections 118, 122 and 132, to transfer, whether directly or indirectly, without consideration. (transférer)

  • Marginal note:Miscellaneous rules

    (2) The rules set out in subsections (3) to (6) apply in these Regulations.

  • Marginal note:Producer’s site

    (3) A reference to the site of a licensed producer is a reference to the site specified in the producer’s licence.

  • Marginal note:Destruction

    (4) Cannabis is destroyed when it is altered or denatured to such an extent that its consumption is rendered impossible or improbable.

  • Marginal note:Drying

    (5) The production of marihuana includes subjecting it to a drying process.

  • Marginal note:Transfer

    (6) For greater certainty, a reference to “provide” includes “transfer”.

  • SOR/2014-51, s. 5;
  • SOR/2015-132, s. 4.
 
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