The recent shut down of a federally approved medical marijuana grow operation in Calgary has sparked questions about the regulation and safety of these sites.
There are over 300 federally approved medical marijuana grow operations in Calgary, but one in the southwest was closed in January for numerous safety code infractions.
As more of these operations are approved every day, there are questions about whether information on where they are should be made public to ensure the safety of the communities unknowingly hosting them.
Cannabis advocates say medicine should be a private matter, even if it is marijuana.
Oh behalf of Health Canada, here are some frequently asked questions about federally approved grow ops:
Q1a: What safeguards are there to ensure license holders operate within the law i.e. enforcement of regulations?
Under the Marihuana Medical Access Regulations (MMAR), an individual applying for a Personal-Use Production Licence or a Designated-Person Production Licence must provide details about the production site, including a description of the security measures that they will take to protect the supply at the production and storage sites, along with a declaration that, in the case of outdoor production, the production site is not located adjacent to a school, playground, day care, or other facility that is frequented by persons under the age of 18. A licence to produce will not be issued unless this information is provided. Furthermore, individuals with a license from Health Canada to grow marihuana for medical purposes are expected to comply fully with the MMAR.
Furthermore, individuals who are licensed to produce marihuana for medical purposes under the MMAR are reminded to abide by all other applicable federal, provincial, territorial or municipal legislation. This is clearly stated in the information material provided to them when they receive their licence from Health Canada. Any activities undertaken by licensed individuals who disregard their licence requirements, or federal, provincial, territorial or municipal legislation, may be subject to law enforcement measures under the applicable legislation.
Q1b: How many inspectors?
Health Canada has 15 inspectors across Canada for the Controlled Substances Program. Health Canada Inspectors have the authority under the Controlled Drugs and Substances Act (CDSA) and the MMAR to conduct inspections of licensed producers to ensure compliance with the CDSA and its regulations as well as the licence to produce. The need for inspections is determined through a risk-based approach. Health Canada does not disclose information on investigative techniques or plans under the MMAR.
Under the proposed improvements to the Marihuana Medical Access Program, Health Canada is proposing to phase out the production of marihuana for medical purposes by individuals in their homes and communities. This would reduce risks to public health, safety and security resulting from such production.
A new supply and distribution system for dried marihuana would be established that uses only licensed commercial producers. These licensed commercial producers would be the only legal source of dried marihuana, and would be able to grow a variety of strains, thereby offering more choice to Program participants. They would have to meet regulatory requirements related to elements such as zoning/location restrictions, quality control standards and security measures.
These proposed improvements reflect concerns we have heard from all kinds of Canadians including law enforcement, fire officials, municipalities, program participants and the medical profession. Allowing individuals to grow marihuana for themselves has had unintended consequences that create risks to public health, safety and security. Phasing out production of marihuana for medical purposes by individuals in their homes and communities would reduce these risks.
For more information on proposed improvements to the program, please visit http://hc-sc.gc.ca/ahc-asc/media/nr-cp/_2011/2011_80bkr-eng.php.
For more information, please visit:
Medical Use of Marihuana: http://www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php
Frequently Asked Questions - Medical Use of Marihuana: http://www.hc-sc.gc.ca/dhp-mps/marihuana/about-apropos/faq-eng.php
More information on the roles and responsibilities of both authorized and licensed persons is available at: http://www.hc-sc.gc.ca/dhp-mps/marihuana/how-comment/applicant-demandeur/index-eng.php
Q2: Does Health Canada inform law enforcement / provincial health authorities re: locations, personal information on licensees? Why / why not?
Under the MMAR, for privacy reasons, it is not possible for Health Canada to providepersonal information on authorized persons and/or holders of a licence to produce marihuana for medical purposes to provincial health authorities. However, Health Canada is authorized to provide limited information to police for the purpose of an investigation and the proper administration or enforcement of the Controlled Drugs and Substances Act (CDSA), or the Marihuana Medical Access Regulations (MMAR), as outlined in section 68.1 of the Regulations. This helps law enforcement to distinguish between people who are acting within the law, and those engaged in illegal activities related to marihuana. Health Canada will continue to work in cooperation with law enforcement agencies to reduce the illegal production and distribution of substances regulated under the CDSA.
Law enforcement agencies can contact the Health Canada pager service 24 hours a day, 7 days a week, and leave a brief message, including their contact information. A Health Canada representative will return their inquiry as quickly as possible.
For further information, please see: Law Enforcement Issues:
http://www.hc-sc.gc.ca/dhp-mps/marihuana/law-loi/index-eng.php
Q3: Do landlords have access to confidential information on licensees who reside and operate on their property?
Please refer to response to Q2.
If the proposed production site is not the applicant’s ordinary place of residence and is not owned by the applicant, a declaration dated and signed by the owner of the site consenting to the production of marihuana at the site must be provided.
Q4: How many plants are licensees permitted to grow, both for personal use or distribution?
Under the Marihuana Medical Access Regulations (MMAR) there are two types of production licences that the Department may issue: a Personal-Use Production Licence and a Designated-Person Production Licence. The number of plants a person can be licensed to produce is based on the authorized person’s approved daily amount of dried marihuana. The Marihuana Medical Access Regulations (MMAR) include formulas that are used to calculate the number of plants based on a daily amount. Additional information can be found at the following web link:
Fact Sheet - Medical Access To Marihuana: http://www.hc-sc.gc.ca/dhp-mps/marihuana/law-loi/fact_sheet-infofiche-eng.php(Please refer to "Possessing Marihuana" and "Growing Marihuana").
All production of marihuana for medical purposes must be authorized under licence by Health Canada. Holders of a personal-use production licence can only produce marihuana for themselves. Under the Marihuana Medical Access Regulations (MMAR), Health Canada approves authorizations for individuals only to possess a monthly amount of marihuana for medical purposes based on their physician's recommendation.The decision to support an application resides with each individual physician, who makes a determination based on a consultation with his or her patient. Health Canada does not interfere in this process.
Furthermore, under the MMAR, holders of a production licence can produce marihuana for a maximum of two individuals who have authorizations from Health Canada to possess marihuana for medical purposes. In addition, the maximum number of production licences (either personal-use or designated-person) at one site is four. These production limits were established in order to reduce the risk of diversion and to protect the health and safety of Canadians. Any production operations which exceed this limit would operate outside the MMAR and therefore be subject to law enforcement measures.
Medical Use of Marihuana - http://www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php
Frequently Asked Questions - Medical Use of Marihuana- http://www.hc-sc.gc.ca/dhp-mps/marihuana/about-apropos/faq-eng.php
Q5: When a licensee is approved, is anyone else notified besides the licensee?
When Health Canada approves an Authorization to Possess marihuana for medical purposes, the applicant receives the authorization document, and his/her treating medical practitioner is notified of the approval.
When an individual is approved for a Personal-Use Production Licence, only the holder of the licence, who is also the holder of an Authorization to Possess, is notified. In the case of a Designated-Person Production Licence, the Designated Person and the individual who holds the associated Authorization to Possess are notified of the issuance of the licence.
Q6: How does Health Canada respond to law, as well as provincial or civic officials who fear current practices of notification are unsafe?
Under the MMAR, for privacy reasons, it is not possible for Health Canada to providea list of the addresses of authorized persons and/or holders of a licence to produce marihuana for medical purposes. However, if someone suspects the occurrence of illegal activity, these concerns should be directed to their local law enforcement agency.
Health Canada is authorized to provide limited information to police for the purpose of an investigation and the proper administration or enforcement of the Controlled Drugs and Substances Act (CDSA), or the Marihuana Medical Access Regulations (MMAR), as outlined in section 68.1 of the Regulations. This helps law enforcement to distinguish between people who are acting within the law, and those engaged in illegal activities related to marihuana. Health Canada will continue to work in cooperation with law enforcement agencies to reduce the illegal production and distribution of substances regulated under the CDSA.
To respond to concerns about the existing Regulations, on June 17, 2011, the Government of Canada announced that it is considering improvements to Health Canada’s Marihuana Medical Access Program. The proposed improvements would reduce the risk of abuse and exploitation by criminal elements and keep our children and communities safe, while significantly improving the way program participants access marihuana for medical purposes.
For more information on proposed improvements to the program, please visit http://hc-sc.gc.ca/ahc-asc/media/nr-cp/_2011/2011_80bkr-eng.php.
© Shaw Media Inc., 2012. All rights reserved.