The purpose of this memo is to outline the new legislative framework that governs the production, distribution, sale and possession of cannabis. Key components of the federal legislation, coming into force on October 17, 2018 will be highlighted, alongside specific regulations that are currently proposed for British Columbia.

Regulatory History of Cannabis

Canadians have had access to dried cannabis for medical purposes since 1999 as per the federal government's Medical Marihuana Access Program (the "MMAP"), which governed the possession, purchase and production of medical cannabis. Under the MMAP, individuals could obtain licences which authorized them to possess or to produce medical cannabis for personal use. Health Canada produced medical cannabis under the MMAP and sold it to individuals who were authorized to possess medical cannabis.

In 2012, the Minister of Health announced that the Government of Canada was proposing extensive changes to the MMAP. The Government's stated position was that the MMAP was susceptible to abuse, and that the proposed changes would "reduce the risks to public health, security and safety of Canadians, while significantly improving the way in which individuals access marihuana for medical purposes."

In July 2013, the Marihuana for Medical Purposes Regulations (the "MMPR") were proclaimed and came into effect. The MMPR ended the government's role as a producer and supplier of medical cannabis and established a regulated commercial market of licensed producers who were responsible for the production and distribution of medical cannabis. These licensed producers were required to meet much stricter security and quality control requirements than were required under the MMAP. Under the MMPR, licensed producers were not permitted to grow cannabis in a private dwelling or outdoors.

The MMPR did not require individuals to apply to Health Canada for authorization to possess medical marihuana. Instead, individuals may obtain a medical declaration from an authorized healthcare practitioner, which then authorizes them to possess a certain quantity of medical marihuana. Once a person has obtained this declaration, he or she can purchase medical marihuana from a licensed producer, in much the same manner as one would take a prescription to a pharmacy to obtain medication.

Effective March 31, 2014, the MMPR repealed the MMAP's enabling legislation, ending the MMAP. Health Canada's supply of medical marihuana ceased to be available as of that day. According to the provisions of the MMPR, only those individuals authorized to possess or produce medical marihuana under the MMAP would be permitted to possess or produce medical marihuana if they met the requirements of the MMPR. However, in Allard et al. v. Canada, an injunction was granted on March 21, 2014, grandfathering 28,000 MMPR to possess cannabis, pending trial, and this injunction continues to date.permit holders under the

In R. v. Smith, decided on June 11, 2015, the court held that the limitation on cannabis to only its dried form was unreasonable and that patients could possess cannabis in any of its forms immediately. Further submissions were then made in Allard and on February 24, 2016 a final decision was rendered declaring the MMPR to be unconstitutional as it unreasonably restricted patient access to cannabis. This led to the creation of the current Access to Cannabis for Medical Purposes Regulations (the "ACMPR"), which came into force on August 24, 2016, repealing the MMPR.

Under the ACMPR, Canadians who have been authorized by their health care practitioner to access cannabis for medical purposes will continue to have the option to purchase cannabis from producers licensed by Health Canada. Canadians can also produce a limited amount of cannabis for their own medical purposes.

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the "Cannabis Act") was introduced to Parliament with the plan to legalize cannabis by July 2018. The Cannabis Act creates a legal framework for controlling the production, distribution, sale and possession of cannabis across Canada and would allow for national use by individuals aged 18 or older. Each province and territory can also enact its own provincial or territorial cannabis act and regulations governing distribution, subject to some provisions in the federal Cannabis Act with respect to promotion and advertising like tobacco and alcohol regulations.

Bill C-45 achieved Royal Assent on June 21, 2018 and cannabis will be legal as of October 17, 2018, subject to provincial or territorial restrictions. The ACMPR will become the medical cannabis regulations under the Cannabis Act.

Download >> Cannabis Regulations as of July 2018

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.