permitted individuals who had the support of a medical practitioner to obtain an authorization to possess marijuana for medical purposes from Health Canada. Under the MMAR, permitted individuals could either grow their own cannabis, designate someone to grow it on their behalf or purchase it directly through Health Canada.
2013 – Marihuana for Medical Purposes Regulations (“MMPR”)
Between 2001 and 2013, a number of court decisions led to changes to the MMAR. The financial cost and administrative ability for the government to implement the MMAR in its newly incarnated form ultimately led to the government replacing the MMAR with the MMPR in 2013. The MMPR removed the ability for patients to grow their own or designate someone to grow on their behalf. It also changed the way in which cannabis was purchased. Under the MMAR, medical cannabis was purchased directly from Health Canada. However, under the MMPR, Health Canada assumed a regulatory role and licensed producers to cultivate and sell medical cannabis.
The MMPR created the commercial conditions responsible for the production and distribution of marijuana for medical purposes.
2015 – R. v. Smith
In June, 2015, the Supreme Court of Canada held that the prohibition of non-dried forms of medical marihuana limited an individual’s Charter right to liberty of the person in two ways. First, the prohibition deprived individuals of their liberty by imposing a threat of imprison
ment. Second, it limited the liberty of medical users by foreclosing reasonable medical choices through the threat of criminal prosecution. The court also held that by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective one, the law also infringed an individual’s right to security of the person.
A month after the decision was released, the Minister of Health issued section 56 class exemptions under the Controlled Drugs and Substances Act to allow, among other things, licensed producers to produce and sell cannabis oil and fresh marijuana buds and leaves in addition to dried marijuana, as well as to allow authorized users to
possess and alter different forms of cannabis.
32