Whereas medical cannabis production is prevalent across BC, but local governments and police agencies have limited tools and capacity available to monitor and enforce federal regulations; And whereas many local governments do not have the capacity to enforce local bylaws that are needed to ensure community safety: Therefore be it resolved that UBCM advocate to the federal government to: 1. Reduce the maximum number of cannabis plants that any individual may produce for medical purposes; 2. Provide local government the necessary resources and legislative authority to effectively monitor and regulate the production of medical cannabis; and 3. Share a portion of all cannabis taxation revenue with local governments and police agencies to build enforcement capacity to address illegal medical and non-medical cannabis activity; And be it further resolved that UBCM be considered for the role as administrator of cannabis taxation revenue sharing with local governments.
Health Canada It is important to note that there are differences between the regulatory requirements for the different types of cannabis production authorized by the Cannabis Act and its regulations. Commercial cannabis licence applicants cultivation, processing, and sale for medical purposes must provide a written notice to local authorities including local government, law enforcement and fire authorities prior to applying to Health Canada. The notification provision is designed to alert local authorities to the intentions of the applicant, and give them time to apply local by-laws, fire codes, zoning restrictions, and other rules to the site. On the other hand, a similar requirement to notify local government is not required for the personal or designated production of cannabis for medical purposes, as this would force a registrant to disclose personal medical information. Health Canada takes its obligations under the Privacy Act seriously and cannot share information on individuals who access cannabis for medical purposes, with municipalities. Despite the provisions found in the Privacy Act, the Department has the authority to disclose certain information to law enforcement agencies in the course of an active investigation. Health Canada actively supports law enforcement representatives by providing a dedicated service 24 hours a day and seven days a week to provide information to assist investigations. Health Canada has also made it easier to report a complaint about cannabis, including concerns with cannabis production sites. Municipalities can submit information on inspections, complaints or other concerns related to cannabis to a new dedicated email address: cannabiscompliancereferral-rapportconformitecannabishc-sc.gc.ca Health Canada may take action on municipal inspection findings which are conducted in accordance with their by-laws if there is a risk to public health and safety. All information provided to Health Canada is reviewed and can assist in the decision process for granting or denying a registration or licence as well as taking compliance and enforcement actions for registeredlicensed locations. Engagement with the Health Care Community The Cannabis Regulations require patients to obtain an authorization from their health care practitioner HCP to access cannabis for medical purposes. The amount of cannabis a registered individual is authorized to produce is based on this authorization. Health Canada does not play a role in determining whether cannabis is appropriate for a patient, and in what amount. The HCP makes this decision through a discussion with their patient. Health Canada expects HCPs to make these decisions based on the condition for which the patient is receiving treatment and supporting evidence. Over the last few years, Health Canada has increased engagement with HCPs and their provincial and territorial licensing bodies to encourage HCPs to authorize appropriate amounts of cannabis for medical purposes, in line with established standards of practice and the best available evidence. Health Canada has published a document entitled Information for Health Care Professionals to help patients and HCPs make informed decisions about the benefits and risks of using cannabis for medical purposes, including dosage amounts. The Department continues to review the latest developments in the peer-reviewed scientific literature on dosing and will continue to publish further updates to this document. Health Canada can request additional evidence from HCPs to substantiate or support an authorized amount. In situations where the Department is not satisfied with the information provided to substantiate the amount authorized per day, Health Canada may issue a notice of intent to refuse to register the applicant. Regulatory oversight of medical professionals falls under the jurisdiction of provincial or territorial licensing bodies. Most provincial and territorial licensing bodies have their own set of standards and guidelines for their members, which may include codes of practice related to authorizing cannabis for medical purposes. To support provincial and territorial licensing bodies e.g., College of Physicians and Surgeons of Ontario, Collge des mdecins du Qubec in their oversight of their members, Health Canada proactively shares data with the colleges on the authorization of cannabis for medical purposes by their HCPs. The Department shares data on cannabis for medical purposes to provide more information on the average daily amounts authorized by HCPs, and the number of HCPs authorizing more than 25 grams and more than 100 grams per day, to inform any action the college may decide to take, such as investigations. This allows for a closer scrutiny of high authorizations of medical cannabis. Results of Actions Taken to Address the Risk of Abuse Actions taken by Health Canada since September 2021 to address the risk of abuse of the medical access program have produced the following results: The number of individuals registering to produce cannabis for medical purposes has decreased by more than 70 from 47,000 in September 2021 to 13,700 in December 2023. This is the lowest number of active registrations since the coming into force of the Cannabis Act. As of December 31, 2023, Health Canada has refused to issue a registration 2760 times and has revoked 243 registrations. Legislative Review The Legislative Review of the Cannabis Act was launched on September 22, 2022. This review offers an opportunity to assess the progress towards achieving the goals of the Act, and to help ensure that the legislative framework is meeting the needs and expectations of Canadians. An Expert Panel is leading the review and will provide independent, expert advice to Health Canada on progress made towards achieving the Acts objectives and will help identify priority areas for improving the functioning of the legislation. The Expert Panel have commenced their own engagement activities as part of their mandate to engage broadly with the public, other orders of government, Indigenous communities and organizations, youth, people who access cannabis for medical purposes, marginalized and racialized communities and experts in relevant fields, including the cannabis industry to help inform the Panels recommendations. The Panel recently published the Legislative Review of the Cannabis Act: What We Heard Report, which summarizes the results of their initial engagement from December 2022 to June 2023. Per its Terms of Reference, the report outlines key outcomes from the public and stakeholder consultations, including engagement with First Nations, Inuit and Mtis peoples and communities. Stakeholder perspectives will also be used to inform findings and recommendations for the Panels final report, to be tabled in Parliament in the coming weeks. URLs: Cannabis Regulations: https:laws-lois.justice.gc.caengregulationssor-2018-144 Information for Health Care Professionals: https:www.canada.cacontentdamhc-scdocumentsservicesdrugs-medicationcann… data on cannabis for medical purposes: https:www.canada.caenhealth-canadaservicesdrugs-medicationcannabisresea… Legislative Review of the Cannabis Act: https:www.canada.caenhealth-canadaservicesdrugs-medicationcannabislaws-… launched: https:www.canada.caenhealth-canadanews202209government-of-canada-launch… Expert Panel: https:www.canada.caenhealth-canadaservicesdrugs-medicationcannabislaws-… Legislative Review of the Cannabis Act: What We Heard Report: https:www.canada.caenhealth-canadaservicesdrugs-medicationcannabislaws-… Terms of Reference: https:www.canada.caenhealth-canadaservicesdrugs-medicationcannabislaws-…