Licenses Issued Under the Medical Marijuana Use Regulations
NOW THEREFORE BE IT RESOLVED THAT the AUMA encourage Health Canada to take immediate action to modify its legislation and regulations to require that any applicant for license under the Marijuana Medical use Regulations for the purpose of cultivation and/or processing of marijuana for medical purposes be required to demonstrate compliance with all local bylaws and all electrical, fire, health, building and safety regulations prior to issuance of such a license.
FURTHER BE IT RESOLVED THAT the AUMA request Health Canada Institute a process by which local governments are notified of licenses that are issued by Health Canada under the Marijuana Medical use Regulations.
WHEREAS Health Canada is issuing an increasing number of licenses under the Marijuana Medical Use Regulations to allow the cultivation and processing of marijuana for medical purposes;
WHEREAS based on the experience of municipal fire departments, these medical grow operations are often not in compliance with municipal bylaws or provincial electrical, fire, health, safety and building regulations; and
WHEREAS Health Canada does not have a process in place to notify municipalities when such licenses are issued for sites within their jurisdiction and, as such, municipalities are not aware of the locations of such operations and cannot ensure that they comply with provincial and local regulations that act to protect the safety of the public.
Sep 27, 2010 - Minister of Health
The Government of Canada is currently considering options for reform of the Marihuana Medical Access Program. The focus is on three key objectives: public health, safety and security; reasonable access to marihuana for medical purposes; and the overall costs to the Government. Any changes to the Program will consider the need to provide legal access to this controlled substance and the Government’s responsibility to regulate it.
Health Canada is interested in working with stakeholders and would appreciate receiving input from you or your colleagues with respect to the Program or the Regulations. Please direct any correspondence of this nature to Ms. Cathy A. Sabiston, Director General, Safety Branch, Health Canada, by email atcathy.a.sabiston [at] hc-sc.gc.ca.
Persons authorized to possess and/or produce marihuana for medical purposes under the current provisions of the MMAR are made aware of the Program requirements, and are informed that they are required to abide by all federal, provincial, territorial and municipal legislation applicable to the activities authorized pursuant to their licence. These requirements include, but are not limited to, legislation regarding smoking in public places, fire and safety standards, as well as zoning and property use. Municipal and provincial governments are responsible for the administration and implementation of their applicable legislation or regulations.
Health Canada is only authorized to provide limited information in response to a request from a Canadian police force or a member of a Canadian police force engaged in an investigation under the Controlled Drugs and Substances Act, or the MMAR, as per section 68.1 of the Regulations. The Department cannot disclose information on persons authorized to possess and/or produce marihuana for medical purposes to municipalities or fire departments, dut to the Regulations and privacy reasons as dictated by the Privacy Act.
AUMA accepts this response.