Allard et al v. Canada Federal Court Decision Favours Patient’s Rights and LPs

Today, Judge Michael Phelan delivered his long awaited decision. Judge Phelan ruled that prohibiting medical marijuana patients from growing their medical marijuana violates their Section 7 rights under Canada’s Charter of Rights and Freedoms. He declared the MMPR unconstitutional and therefor invalid; however, he suspended his declaration of invalidity for six months to allow the...

The Supreme Court of Canada’s release of the R. v. Smith decision yesterday morning was greeted with much excitement by patients, activists and Licensed Producers (“LPs”) under Canada’s Marihuana for Medical Purposes Regulation (“MMPR”).  For patients and activists the significance and impact of the decision are fairly obvious.  For LPs, the significance is a little less...

Earlier this morning, we published a concise summary of the SCC’s decision in R. v. Smith released today. See here. While the Court’s decision is clear, what is less clear is what it means for those patients authorized to possess and use marijuana for medical purposes under Canada’s MMAR and MMPR, for “Designated-Person” producers under...

In R. v Owen Smith, the BC trial judge found that the regulatory scheme breached s. 7 of the Charter, was arbitrary, and could not be justified. He struck the word “dried’ and the definition of “dried marijuana” from the Regulations. A majority of the BC Court of Appeal dismissed the appeal, but varied the trial...

On October 22, 2014, Health Canada issued a letter to applicants for Canada’s Marijuana for Medical Purposes Regulation licenses.  This letter provided certain interesting statistics, including the following: as of the date of the letter, there were 21 licensed producers authorized to produce a total of approximately 45,000 kilograms per year; as of June 30,...

When dealing with the production and storage of high value items, security planning does not only make sense but, as in medical marihuana and other prescription drugs, it is required by applicable legislation such as the Marihuana for Medical Purposes Regulation (“MMPR”). In today’s world of fully integrated electronic systems, a good security system provider...

In the past few months, we have had calls from would-be licensed producers under Canada’s Medical Marijuana Producer Regulations (“MMPR”) and also from investors inquiring about investing in a licensed producer applicant.  Both of these groups are wondering, for different reasons, about the process of obtaining a medical marijuana producer license under Canada’s MMPR.  ...

“If you grow it they will buy it” seems to be the mantra of the day.  But, in a world of tens – and soon to be hundreds  – of licensed producers under Canada’s Marihuana for Medical Purposes Regulations (“MMPR”), how will each licensed producer differentiate itself from the others?  Price and product experience are...

In 2001, Health Canada granted access to marijuana for medical purposes by implementing the Marihuana Medical Access Regulations (“MMAR”).  Under MMAR, patients and other private persons were permitted to produce their own supply.  In 2013, the Government of Canada announced that MMAR would be replaced with new Marihuana for Medical Purposes Regulations (“MMPR”), thereby treating marijuana similar to the...