Marijuana, also called cannabis or pot, comes from a type of plant called hemp. Its main ingredient is delta-9 tetrahydrocannabinol, commonly called THC.

Marijuana is usually inhaled (smoked). In Canada, marijuana is illegal.

In principle, marijuana is a banned drug. However, the Canadian government can give some people permission to possess or grow marijuana for therapeutic purposes. The Medical Marijuana Access Division of Health Canada is responsible for giving permission.

Even though the Canadian government can give someone permission to possess marijuana, it does not consider marijuana to be a therapeutic substance (a substance that can cure). Marijuana is therefore not considered to be a medicine, but it has been recognized to have certain positive effects on symptoms caused by an illness or by a medicine.

For more information, consult the Health Canada website.

There are several kinds of government permits:

• Authorization to possess marijuana for therapeutic purposes. A person with this kind of authorization can legally possess dried marijuana for her own medical use. This authorization is valid for a maximum of 12 months, and is renewable.
  
• Licence to produce for personal use (for oneself). This licence allows a person to produce and store marijuana for therapeutic purposes.
  
• Licence to produce as a designated person. This licence allows a person to produce, store, and transport marijuana on behalf of people who have an authorization to possess marijuana for therapeutic purposes.

You must apply to Health Canada. You can find the necessary forms on their website.

Applicants must meet a number of tests. The applicant must reside in Canada. He must identify himself (name, address, birth date, etc.) and provide 2 recent photographs signed on the back by the doctor who is giving the medical statement. The applicant must specify whether he will produce the marijuana himself, have it produced by a designated person or be supplied by an authorized provider.

The applicant must also submit a statement from a doctor or specialist (in some cases, statements from 2 doctors are required) to prove that he suffers from an illness or symptoms for which therapeutic use of marijuana is allowed and that traditional treatments have not worked.

Even though marijuana is not considered to be a medicine, it is recognized to have certain beneficial effects to relieve symptoms associated with an illness or a treatment. For example, it stimulates appetite and can soothe pain and muscular spasms.

The law only recognizes a few situations where therapeutic use of marijuana is permitted. The request for authorization must therefore include a declaration by a doctor or specialist confirming that the patient is in one of these situations and recommending a dosage.

The permitted categories are:


Source: Applicant's Guide, Health Canada

Only residents of Canada 18 years or older can apply for this licence. Also, the applicant must already be authorized to possess marijuana. It is possible to apply for both authorizations at the same time. As with the authorization to possess, the applicant must provide a statement including the following:

• Identification (name, age, sex, address, etc.)
  
• The permit number of the authorization to possess (if he already has it)
  
• The address where the marijuana will be produced (If the production location is not his residence or property, the applicant must attach a declaration from the owner saying that she consents to the production of marijuana in this place.)
  
• If the production will take place outdoors, the applicant must confirm that the place in question is not near a school, daycare centre, park or any other public place used by people under 18
  
• The precise location where the marijuana will be stored

If the licence is granted, it specifies how many plants can be grown at one time and how much dried marijuana can be stored.

Check the application form to find out about other information required.

The application must be made to Health Canada by a person who already has authorization to possess marijuana for therapeutic purposes.

This application must include a statement from the applicant and from the “designated person” - the person who will produce the plants. The application must also include 2 recent photographs of the designated person.

The statement of the designated person must specify the following:

• his name and other identifying information
  
• his age (must be 18 years or older)
  
• the location of production and storage
  
• a statement that the designated person does not have a criminal record for any drug-related offence in the past 10 years, to which is attached a statement from a Canadian police department

If the place of production will be other than his residence or the applicant’s residence, the designated person must also include a statement from the owner of that place.

This kind of licence specifies the authorized place of production and storage, the number of plants that can be grown and the quantity of dried marijuana that can be stored.

The designated person can only produce marijuana for up to 2 people at a time.

The licence is valid for a maximum of 12 months. However, if the authorization to possess is no longer valid, the licence also becomes invalid automatically. The licence can be renewed and modified as needed, but the permission of Health Canada is required.

The licence to produce for another person is subject to some limits. The place of production cannot be close to a school, a daycare or any other place visited by children and teenagers under 18. Also, the person holding the licence to produce must keep a record of all details of production, including the number of plants grown, the date of harvest of each plant and the weight of the marijuana harvested. He must also indicate in his application the security measures he will take to ensure that the plants are not stolen.

There are 3 ways to obtain marijuana for therapeutic purposes.

First, the holder of the authorization to possess may grow the marijuana himself by getting a licence to produce.

Second, the person with authorization can apply for a licence to allow another person to grow the marijuana by getting a “Licence to Produce Marihuana by Designated Person”.

Third, the person with authorization can go to a provider authorized by Health Canada.

To use this last method, a person who has permission to possess marijuana, but who doesn’t have permission to produce it for himself or for a designated person, can apply to Health Canada to obtain dried marijuana. The application is made using the appropriate form. The person must acknowledge that marijuana is not an approved medication and that there are possible risks associated with its use.

Bought this way, the drug will be delivered every month by an authorized distributor directly to the doctor treating the sick person.

To get marijuana seeds to grow plants, the procedure is similar. Obviously, to get seeds, a person must first have a production licence.

The costs of medicinal marijuana are paid the person using it. They are not reimbursed by the Régie d’assurance maladie du Québec (medicare).