In Allard, the Court ordered that a holders of a valid Authorization to Possess under the Marihuana Medical Access Regulations (“MMAR”) are exempt from the repeal of the MMAR and any other operation of the Marihuana for Medical Purposes Regulations (“MMPR”) which are inconsistent with the operation of the MMAR, to the extent that such an Authorization to Possess shall remain valid until such time as a decision in the Allard case is rendered. Following the issuance of the Order, Health Canada announced that it will treat Authorizations to Possess, Personal-Use Production Licences, and Designated-Person Production Licences issued under MMAR as extending beyond March 31, 2014 until a decision in Allard is rendered. This means MMAR licensees, at least for now, are safe to continue exercising their rights under MMAR, right? Yes…sort of.
Health Canada is taking the position that a licensee under MMAR that registers with and purchases from a licensed producer under MMPR is cancelling their MMAR rights. According to Health Canada, you may only have access to marijuana for medical purposes under either MMAR or MMPR, but not both. Apparently, if you hold a MMAR license and purchase from a MMPR licensed producer, Health Canada will automatically send you notice that your MMAR rights are cancelled. The Allard injunction does not appear to be preventing Health Canada from enforcing this provision of MMPR. So, unless you are willing to give up your MMAR license, do not purchase medical marijuana from a MMPR licensed producer.
If you have any questions or would like more information regarding Health Canada, medical marijuana or Marihuana for Medical Purposes Regulations, call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.
