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Canada looks to enforce strict rules on medicinal cannabis growers

Published Mar 18, 2021 12:00 p.m. ET
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On Monday, March 15th Health Canada will begin a public consultation on a new set of guidelines and rules for anyone who is growing cannabis for medical purposes at home. The motivation behind the latest draft stems from the need to cut down on the number of individuals who are cultivating cannabis to supply the black market.

Raids, arrests, and criminal activity

Health Canada used the draft document to draw attention to a large number of arrests and police raids which were conducted at production sites that were found to be licensed to grow for medical consumers. In all of the cited situations, large-scale producers were using licenses to cover up illicit activities, a practice that’s grown wildly out of control over the last 2 years.

The legal market is getting the shaft

The decision comes as Canada’s regulator attempts to stabilize the cannabis market, which has thus far leaned in favor of the black market. This uneven playing field has nearly destroyed an intricately placed system of licensed producers and vendors across the country, ruining a plan that’s been in motion for 5 years now.

Canada’s medical cannabis cultivation licensing framework has been terribly abused, that much has become clear. Now it’s just a matter of deciding what steps are necessary to remedy the situation at hand. Medical practitioner approval is one barrier that was designed to stop criminals from growing pot for recreational consumers without a proper license to do so, but now that the stakes are higher, regulations are about to get even more intense.

Grounds for refusal

The new guidelines, for the first time ever, lay out certain situations where Health Canada may choose to consider revoking a license or refusal to approve one. Some of them include the authorization of unreasonable amounts, criminal activity, or diversion of cannabis products for either sale or personal consumption.

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How big of a problem is it?

In 2018, Canada celebrated as it became the first big country to legalize cannabis for recreational use, but since then, the system has caused nothing but problems, in particular for those who are trying to stay competitive in the market while maintaining legal business practices. According to Statistics Canada, Canadians spent $3.1 billion on pot products from the black market, while the legal industry only saw $2.9 billion in cannabis purchases.

Under new rules

The new regulations will still allow medical growers to assist licensed patients who require affordable cannabis, but they will make it much more difficult for dishonest people to take advantage of the licensing system. Under the new draft guidelines, patients will be required to seek approval for a daily allotment of cannabis, something that may be provided by a doctor, social worker, nurse, or any other registered medical professional.

A 60-day consultation

Health Canada has extended an invitation to all interested stakeholders who would like to participate in the public consultation on the new draft guidelines. The consultation will run for 60 days, making May 7ththe last day for comment. The hope is to improve all cannabis-related programs so that they operate as intended while assessing any important possible risks to the health of the public. Once the 2-month consultation comes to an end, the guidelines will be finalized and officially announced.

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