Canada, Marijuana

Beyond B.C. Bud: Canada's Marijuana Policies Are Getting Better

Canada is rapidly turning the corner on cannabis policy. Within a year it will likely have one of the most progressive cannabis systems in the world.

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My firm has recently written blog posts about our Southern neighbor, Mexico, and its trials and tribulations with marijuana legalization (see Marijuana Legalization: Bad for the Cartels and Mexican Marijuana Laws: Change is Here/Coming). And with all that has been going on with Canada and cannabis lately, I’m going to start giving our Northern neighbor equal time.

Like nearly every other country in the world, marijuana is federally illegal in Canada. See Canada’s Controlled Drugs and Substances Act. Nonetheless, Canadian law does allow Canadians to buy and possess marijuana for medical purposes. Unlike the United States, Canada’s medical marijuana laws and rules are governed by federal legislation, making them uniform and enforceable in all Canadian provinces.

Until two years ago, for Canadian patients to be authorized to possess marijuana for medical purposes, patients had to fall into one of two categories of illnesses and associated “debilitating symptoms.” Under newer regulations, Canada removed patient categories to allow medical marijuana to be used to treat any medical condition. In Canada today, “Healthcare Practitioners” fill out a “Medical Document” for patients that serves as sufficient authorization for them to use medical marijuana. Patients authorized to use medical marijuana then send their Medical Documents to a licensed medical marijuana producer who registers them as “clients.” Canadian patients may then place orders for their medical marijuana with their producers who then mails the orders to the patients.

Before 2013, if you wanted medical marijuana in Canada you either had to grow your own or you could go through Health Canada’s lone designated marijuana provider, Prairie Plant Systems. Then, Canada enacted the Marihuana for Medical Purposes Regulations (MMPR), which expanded access to marijuana for medical purposes:

Under the MMPR, individuals who have the support of their healthcare practitioner can access marijuana for medical purposes from licensed producers. Licensed producers must meet strict security and quality standards. The maximum amount that may be possessed by clients registered with a licensed producer is 30 times the daily amount indicated by their healthcare practitioner, to a maximum of 150 grams.

A current list of all producers registered with Health Canada can be found here. In addition to the MMPR requirements, Canada’s licensed cannabis producers must comply with all applicable provincial, territorial, and municipal legislation and regulations, including zoning restrictions. And Health Canada’s cannabis producer license application is notoriously difficult and expensive.

Until recently, Health Canada limited producers to selling only dried marijuana flower. That changed this past summer when Canada’s Supreme Court ruled that patients are entitled to more than just flower, given that some medical conditions make smoking both a health risk and a less effective medical treatment. Today, those producers who have obtained expanded production licenses from Health Canada are authorized to produce, but not yet sell, marijuana oil for patients. 

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Though Canada’s federal law now allows for the production and wholesale distribution of marijuana for medical purposes, it has not legalized medical marijuana dispensaries. Patients in Canada still must get their cannabis from one of the limited number of producers, and then only through the mail.

Though compassion clubs and dispensaries remain illegal in Canada, they exist in large numbers. British Columbia alone has at least one hundred illegally operating dispensaries in the City of Vancouver; and federal enforcement against dispensaries has been inconsistent. In June of this year, the City of Vancouver became the first Canadian city to take control of the situation by approving a regulation-intensive, two-tier licensing system for dispensaries operating within its borders. Two months later, federal authorities sent the Vancouver City Council a letter explaining why the City should abandon this plan, but not threatening any legal action. In September, federal authorities sent cease and desist letters to 13 Vancouver-based dispensaries. The City has ignored federal government prohibitions and entreaties, and as of August was in the process of reviewing 176 license applicants.

A recent CBC survey shows that 56 percent of Canadians favor legalizing marijuana, while another 30 percent would eliminate criminal penalties for marijuana use. On top of this, Canada’s newly elected prime minister, Justin Trudeau, promises nationwide legalization and he has been working hard to secure federal legislation that will do exactly that since taking office earlier this month.

Canada is rapidly turning the corner on cannabis policy. Within a year it will likely have one of the most progressive cannabis systems in the world, and the U.S. would do well not to lag too far behind.

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Hilary Bricken is an attorney at Harris Moure, PLLC in Seattle and she chairs the firm’s Canna Law Group. Her practice consists of representing marijuana businesses of all sizes in multiple states on matters relating to licensing, corporate formation and contracts, commercial litigation, and intellectual property. Named one of the 100 most influential people in the cannabis industry in 2014, Hilary is also lead editor of the Canna Law Blog. You can reach her by email at hilary@harrismoure.com.

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