Marihuana for Medical Purposes Regulations

Marginal note:Verification by Minister

• 266 (1) The Minister must, after examining the application and information required under section 265, verify if the following conditions are met:

  • (a) the designated-person production licence, the authorization to possess and the licensed producer’s licence are valid;

  • (b) the designated-person production licence was issued on the basis of the authorization to possess;

  • (c) the holder of the authorization to possess has signed the application; and

  • (d) the number of marihuana plants to be sold or provided, if any, does not exceed the maximum number of plants specified in the designated-person production licence.

• Marginal note:Notice of authorization

  (2) If the conditions are met, the Minister must send to the holder of the designated-person production licence, the holder of the authorization to possess and the licensed producer a notice of authorization of the proposed sale or provision that

  • (a) specifies the names of those persons, the type of licence or authorization held by each person and the numbers of the licences and the authorization;

  • (b) describes the marihuana plants or seeds that are to be sold or provided and their quantity;

  • (c) specifies that the notice is valid only for the sale or provision in respect of which it is issued;

  • (d) specifies that the notice is valid only if the licences referred to paragraph (1)(a) are valid at the time of the sale or provision; and

  • (e) specifies that the sale or provision must be completed not later than 30 days after the date of the notice.

• Marginal note:Notice of refusal

  (3) If the conditions are not met, the Minister must send to each of the persons referred to in subsection (2) a notice of refusal of the proposed sale or provision that sets out the reasons for the refusal.

• Marginal note:Opportunity to be heard

  (4) The recipients of a notice of refusal may, within 10 days after the receipt of the notice, provide the Minister with reasons why the refusal is unfounded.