Health Canada to Prohibit Growing Medical Marihuana at Home

by Chris on June 17, 2013

The Honourable Leona Aglukkaq, Minister of Health, has announced new regulations that will change the way Canadians are allowed to access medical marihuana.

Under the new regulations, production will no longer be allowed to take place in homes, and municipal zoning laws will need to be respected.

tenant screeningLandlords may welcome the news because the change could make it easier to navigate local bylaws, and also reduce crimes such as theft and the sale of surplus marihuana around rental properties. Marihuana growing also can cause water damage and mould.

Since its introduction in 2001, Health Canada’s Marihuana Medical Access Program (MMAP) has grown exponentially, from under 500 authorized persons to over 30,000 today. This rapid increase has had unintended consequences for public health, safety and security as a result of allowing individuals to produce marihuana in their homes.

“While the courts have said that there must be reasonable access to a legal source of marihuana for medical purposes, we believe that this must be done in a controlled fashion in order to protect public safety,” said Minister Aglukkaq. “These changes will strengthen the safety of Canadian communities, while making sure patients can access what they need to treat serious illnesses.”

The new Marihuana for Medical Purposes Regulations aim to treat marihuana as much as possible like other narcotics used for medical purposes. The regulations will provide access to quality-controlled marihuana for medical purposes, produced under secure and sanitary conditions.

In order to facilitate the transition from the current program to the new regime, both will operate concurrently until March 31, 2014. Effective April 1, 2014, Health Canada will no longer produce and distribute marihuana for medical purposes. The current Marihuana Medical Access Regulations (MMAR) will be repealed on March 31, 2014, when the new regime is fully implemented.

The new Marihuana for Medical Purposes Regulations (MMPR) will be published in the Canada Gazette, Part II, on June 19, 2013. For a copy of the new regulations in advance of the June 19 publication date, please email: mmap-pamm@hc-sc.gc.ca.

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Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

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