Medical Marijuana – Government intends to appeal Federal Court decision

The Government of Canada has announced that it intends to appeal the March 21, 2014, Federal Court decision that allowed most people with valid licences to use and/or grow medical marijuana to continue to use their licences until a decision is made in the lawsuit that is challenging the new medical marijuana regulations. You can find more information in the government’s Departmental Statement on Court Injunction and Medical Marijuana (March 31, 2014) http://news.gc.ca/web/article-en.do?nid=832809.

The Medical Use of Marijuana page on the government of Canada website (www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php) indicates that because of the lawsuit and court decisions, Health Canada will consider the following authorizations and licences as extended until a decision is made in the lawsuit:

  • Authorizations to Possess (ATP) under the Medical Marihuana Access Regulations (MMAR) that were valid on March 21, 2014. But the maximum quantity of dried marihuana authorized for possession is the amount in the licence or 150 grams, whichever is less.
  • Personal-Use Production Licences or Designated-Person Production Licences under the MMAR that were valid on or after, September 30, 2013, where there is also an associated ATP that is valid as of March 21, 2014.

If you do not meet the above requirements, you may be eligible to register under the new Marihuana for Medical Purposes Regulations (MMPR).  The Health Canada website has more information about registration under the MMPR: www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php.

For more information about the Federal Court order of March 21, 2014, please see our What’s New post: www.halco.org/2014/news/medical-marijuana-update-some-use-and-grow-licenses-will-continue-to-be-valid-until-lawsuit-is-decided.

For more information about the lawsuit, or to keep updated, you can visit the website of the law firm that is handling the lawsuit:  http://johnconroy.com/MMARlitigation.htm.

If you are living with HIV in Ontario and have questions, please contact us for free legal advice.

This entry was posted in News. Bookmark the permalink.