The Marihuana Medical Access Program (the Program) provides seriously ill Canadians with access to marihuana for medical purposes1. In recent years, a wide range of stakeholders including police and law enforcement, fire officials, physicians, municipalities, and program participants and groups representing their interests, have identified concerns with the current program.
Some of the key concerns raised include:
the potential for diversion of marihuana produced for medical purposes to the illicit market;
the risk of home invasion due to the presence of large quantities of dried marihuana or marihuana plants;
public safety risks, including electrical and fire hazards, stemming from the cultivation of marihuana in homes;
public health risks due to the presence of excess mould and poor air quality associated with the cultivation of marihuana plants in homes;
the complexity and length of the application process for individuals who wish to obtain an authorization to possess and/or a licence to produce marihuana;
the impact of increasing participation in the Program on the efficiency and timeliness of the application and review process;
the fact that Health Canada only supplies one strain of dried marihuana; and,
the need for more current medical information pertaining to the risks and benefits associated with the use of marihuana for medical purposes, as a means of supporting discussions between physicians and their patients as to whether such treatment is appropriate.
To address these concerns, Health Canada is considering improvements to the Program. The proposed improvements would reduce the risk of abuse and exploitation by criminal elements and keep our children and communities safe.
In this regard, Health Canada would like to hear from Canadians about the improvements under consideration. You are invited to provide comments on this document.
The legalization or decriminalization of marihuana is not part of these changes. Marihuana will continue to be regulated as a controlled substance under the Controlled Drugs and Substances Act (CDSA).
Until any of the proposed improvements to the Program are in place, the process for applying for an authorization to possess and/or a licence to produce marihuana for medical purposes under the Marihuana Medical Access Regulations (MMAR) will remain the same.
2. How to Comment on this Document
The proposed improvements outlined in Sections 3 to 7 of this document represent the foundation of a redesigned program that addresses many of the concerns the Government of Canada has heard about the current program.
If you are interested in providing comments on this document, please do so by July 31, 2011.
By Email:
[email protected]
By Fax: 613-946-4224
By Mail:
Marihuana Consultations
Controlled Substances and Tobacco Directorate
Health Canada
Mail Room, Federal Records Centre - Bldg 18
1st Floor, 161 Goldenrod Driveway, Tunney's Pasture
Ottawa ON K1A 0K9
Please note that Health Canada is committed to reviewing and considering all comments received by July 31, 2011.
3. The Improvements under Consideration
The improvements being considered would not alter the Program's intent to provide seriously ill Canadians with reasonable access to a legal source of marihuana for medical purposes, where conventional treatments are not appropriate and/or have failed to provide necessary relief.
The core of the redesigned Program would be a new, simplified process in which Health Canada no longer receives applications from program participants. A new supply and distribution system for dried marihuana that relies on licensed commercial producers would be established. These licensed commercial producers, who would be inspected and audited by Health Canada so as to ensure that they comply with all applicable regulatory requirements, would be able to cultivate any strain(s) of marihuana they choose. Finally, the production of marihuana for medical purposes by individuals in homes and communities would be phased out.
Individuals wishing to use marihuana for medical purposes would still be required to consult a physician who is licensed to practice medicine in Canada.
4. How the Proposed Redesigned Program Would Work
4.1 Physician-Patient Interaction
Health Canada maintains that the determination as to whether the use of marihuana for medical purposes is appropriate for a particular individual is best made through a discussion with their physician. In this regard, Health Canada is proposing to eliminate the categories of conditions or symptoms for which an individual may possess marihuana for medical purposes under the MMAR.
Individuals would continue to be required to consult a physician to obtain access to marihuana for medical purposes. Since categories would be eliminated, there would no longer be a requirement for some individuals to obtain the support of a specialist in addition to their primary care physician in order to access marihuana for medical purposes.
The existing medical declaration would be replaced by a new document provided by the physician to the individual. Health Canada will consult the medical community on the form this document will take.
Individuals would no longer be required to submit information to Health Canada to be authorized to possess dried marihuana. Instead, they would submit their physician's document directly to a licensed commercial producer.
Health Canada will establish an Expert Advisory Committee to improve physician access to comprehensive, accurate and up-to-date information on the use of marihuana for medical purposes, thereby facilitating informed decision-making with respect to the use of marihuana for medical purposes.
Health Canada would work with the medical community, their provincial/territorial licensing authorities and their associations on the proposed improvements to the program.
4.2 Dried Marihuana Production and Distribution
Under the proposed redesigned program, Health Canada would no longer enter into a contract with a commercial entity to supply and distribute dried marihuana and marihuana seeds.
The only legal source of dried marihuana would be commercial producers, who would be licensed by Health Canada to produce and distribute dried marihuana. Individuals would purchase their supply of dried marihuana from one of these licensed commercial producers.
Personal and designated production would be phased out.
In order to be licensed by Health Canada, licensed commercial producers would have to demonstrate compliance with requirements related to, for example, product quality, personnel, record-keeping, safety and security, disposal and reporting, as set out in new proposed regulations. These controls would aim to ensure the quality of the product being purchased by program participants, as well as the security of production sites.
Health Canada would establish a comprehensive compliance and enforcement regime for licensed commercial producers, centered on regular audits and inspections.
Licensed commercial producers would be required to comply with specific product labelling and packaging requirements. The label and/or the package itself could be one way by which a program participant could demonstrate that their supply of marihuana is legal.
Licensed commercial producers would only be permitted to produce marihuana indoors.
Licensed commercial producers would be able to produce any strain(s) of marihuana, thus giving individuals greater choice as to which strain(s) they wish to use.
Licensed commercial producers would set the price for marihuana for medical purpose.
Licensed commercial producers would only be able to send the dried marihuana they cultivate to individuals by registered mail or bonded courier.
5. Impact on Current Program Participants Holding an Authorization to Possess Marihuana for Medical Purposes
With the proposed redesigned Program, there would be no change to the important first step of an individual consulting with their physician in order to obtain access to marihuana for medical purposes. In response to concerns raised by the medical community regarding the clinical use of marihuana, Health Canada is committed to working with the medical community on the identification of reference information that supports appropriate physician-patient consultation on this issue.
Once it has been determined that the use of marihuana for medical purposes is appropriate, the physician would provide the individual with a document.
Individuals would then send the physician's document directly to a licensed commercial producer of their choice. The licensed producer would validate the document from the physician by confirming that the physician is licensed to practice medicine in Canada. The licensed producer would register the individual as a customer and would process the order for a specific amount of dried marihuana. Health Canada would maintain an up-to-date list of licensed producers on its website, and work with the medical community to disseminate this information as widely as possible.
The distribution of dried marihuana by licensed commercial producers to program participants would be by registered mail or bonded courier only.
Participants would no longer receive an authorization to possess or an identification card from Health Canada. Health Canada will consult on how best to establish that an individual is in lawful possession of a legal source of dried marihuana.
6. Impact on Current Program Participants Who Hold a Personal-Use or Designated-Person Production Licence
Within the proposed redesigned Program, only licensed commercial producers will be legally allowed to supply individuals with marihuana for medical purposes. Personal and designated production would be phased out.