Canada’s MMAR and Section 41 (b) related to Medical Marijuana

Canada has added exemptions for medicinal marijuana in the Controlled Drugs and Substances Act. The Ontario Court of Appeals have stated that because there were no exemptions in the in the Controlled Drugs and Substances Act for medical marijuana users and was unconstitutional.

What is the Marihuana Medical Access Regulations (MMAR)?

The Canadian government came out with Marihuana Medical Access Regulations (MMAR). This Canadian legislation authorizes the possession of cannabis if there is some paperwork from a medical practitioner. The MMAR allows to two legal options of medical marijuana access. One could either grow marijuana for themselves or designate someone to grow marijuana for them. The only restrictions were that the designated cannabis cultivator could not compensated and could not grow marijuana for more than one person. There is also a third option available under MMAR, “they can purchase dried marihuana from the Government of Canada, who contracts a private company to produce marihuana for the Program” according to the Canada Gazette

Ghost Train Haze

Under this program, 4,000 medical marijuana patients registered and was expected to reach 6,000 patients in 2011. There was a survey published by the Canada Gazette that was related to asking the  4,000 medical marijuana patients about where they got their medical marijuana:

  • 60% hold a  Personal Use Production License (PUPL)
  • 10% access supply produced by a designated person on their behalf
  • 20% purchase dried marihuana from the Government supply
  • 10% obtain dried marihuana from an unknown source

What happened to MMAR after Hitzig vs Canada with reference to Section 41 (b)?

The MMAR was put to the test in a court battle in Hitzig vs Canada. The result of Hitzig, Health Canada relaxed their authorization criteria and set the Prairie Plant System. Prairie Plant System is government-contracted monopoly supplier of cannabis for medical marijuana patients in Canada. Another big change from Hitzig was the government reinstated Section 41(b), the “one-to-one” dealing restriction.

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