Canada: New regulations usher in the era of Big Marijuana

By Andrea Hill, Toronto Lawyer

“The way individuals access cannabis for medical purposes is changing.”

With this sparse statement, Health Canada introduced a new set of regulations, the Access to Cannabis for Medical Purposes Regulations (ACMPR), which will replace the Marihuana for Medical Purposes Regulations (MMPR) on Aug. 24.

Until now, the MMPR have been the official legal platform for Canada’s medical cannabis industry. However, the federal government was obligated to rework them after a Federal Court decision last February found the MMPR unconstitutionally restricted patients’ access to marijuana. Courts have consistently found that Canadians have a right to “reasonable access” to marijuana for medical purposes – but what “reasonable access” means is far from settled.

The ACMPR are the government’s latest proposal for “reasonable access,” and blend recognition of commercial licensed producers (LPs) – a product of the MMPR – with the ability (drawn from prior regulations) of...

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