Licenses Issued Under Medical Marijuana Access Regulations

Year
2014
Number
B7
Sponsor(s)
Abbotsford

WHEREAS the City of Abbotsford and other local governments, and their residents are concerned about public safety regarding marijuana grow operations licenced under Medical Marijuana Access Regulations, certified by Health Canada, in operation within the boundaries of local governments; AND WHEREAS Health Canada, as the regulator of grow operations licenced under Medical Marijuana Access Regulations, and who is responsible to for regular monitoring and enforcement of Health Canada Regulations to those grow operations licenced under Medical Marijuana Access Regulations to ensure compliance with its regulations, including any other conditions of specific licences as may be applicable; AND WHEREAS Health Canada has not provided addresses of existing locations of any grow operations licenced under Medical Marijuana Access Regulations, and this absence of information makes it difficult to ensure the safety of local government residents from life, building, fire safety and police perspectives: THEREFORE BE IT RESOLVED that in light of the changes to Health Canadas Medical Marijuana Access Regulations, as of April 1, 2014, that UBCM petition Health Canada to provide addresses of all grow operations licenced under Medical Marijuana Access Regulations in all local government jurisdictions to permit these properties to be inspected to ensure safety of all residents and to bring the properties into compliance with relevant provincial and local government regulations; AND BE IT FURTHER RESOLVED that UBCM petition Health Canada to undertake ongoing and regular monitoring and enforcement of all relevant legislation and guidelines of grow operations licenced under Medical Marijuana Access Regulations to ensure compliance with regulations, including any other conditions of specific licences as may be applicable.

Federal Response

Minister of Health As you are aware, on March 31, 2014, the Marihuana Medical Access Regulations MMAR were repealed. However, as a result of a Federal Court interim injunction granted on March 21, 2014, individuals who were previously authorized to grow marijuana under the MMAR, and who meet the terms of the Court order, will be able to continue to do so on an interim basis until the Court issues a final decision. As ordered by the Court, individuals with an authorization to possess valid on March 21, 2014, may hold a maximum quantity of dried marijuana as specified by their Authorization to Possess Marihuana for Medical Purposes or 150 grams, whichever is less. As of April 1, 2014, Health Canada stopped issuing licences to individuals. With regard to the resolution requesting inspections of production sites, the Department conducts compliance and monitoring activities of regulated parties to ensure compliance under the Controlled Drugs and Substances Act and its regulations. As the MMAR were repealed, Health Canada no longer holds the authority to conduct inspections under these regulations. However, in order to respond to serious health and safety concerns raised by municipalities related to residential production of marijuana, Health Canada will respond to requests from municipal and other local authorities for information on home production sites, which are now only authorized pursuant to the Court order. Specifically, we can share the number of production licences authorized in a given town or city, as well as a breakdown by postal code where there is sufficient aggregate data. Municipalities with an interest in receiving this information are encouraged to contact Health Canada by e-mail at OMC-BCMhc-sc.gc.ca or by telephone, toll free, at 1-866-337-7705. In requesting information, you will need to identify postal codes within your municipal boundaries and name a specific municipal official who would receive and be responsible for the information provided. Municipalities are asked to restrict their use of the information only for the purpose of informing municipal health and safety activities.

Convention Decision
Endorsed