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Health Care Users and Professionals

Using Marijuana for Therapeutic Purposes

You’re seriously ill and suffer from constant acute pain. Your doctor has prescribed a variety of medications to ease the discomfort, but they have not helped. With your options running out, you start to consider a friend’s suggestion that you try marijuana. However, you’re not really sure if this option is legal, if the benefits are real, and how to proceed.

In this Infosheet, Éducaloi explains everything you need to know about using marijuana for therapeutic purposes.

What is marijuana?

Marijuana, often called pot or weed, comes from a plant containing about 400 chemical substances. Its main psychoactive ingredient (the part that affects your mind or mood) is called THC (delta-9 tetrahydrocannabinol). When smoked, this substance is absorbed from the lungs into the bloodstream within minutes. Marijuana is an illegal drug.

Is it legal to use marijuana for therapeutic purposes?

Yes. In principle, marijuana is a banned drug. However, the Canadian Government can authorize certain people to possess or grow marijuana for therapeutic purposes.

In December 2005, 1,186 Canadians benefited from this authorization. The Medical Marijuana Access Division of Health Canada is responsible for these authorizations, as well as for other government initiatives related to this program.

Even though the Canadian Government can grant authorizations for the possession of marijuana, it does not consider marijuana to be a therapeutic substance (a substance with the power to 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  (http://www.hc-sc.gc.ca/dhp-mps/marihuana/index_e.html).

What are the possible kinds of authorization?

Several types of government permits may be obtained, namely:

• Authorization to possess marijuana for therapeutic purposes. The person who obtains 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 for people who have an authorization to possess marijuana for therapeutic purposes.

How can I obtain authorization to possess or produce marijuana for therapeutic purposes? What are the criteria?

You must apply to Health Canada to obtain permission. You can also find the necessary forms on their website  (http://www.hc-sc.gc.ca/dhp-mps/marihuana/how-comment/applicant-demandeur/index_e.html).

Applicants must meet a number of criteria. First, the applicant seeking an authorization must usually reside in Canada, must identify himself (name, address, birth date, etc.), and include two recent photographs. 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 declaration from a doctor or specialist (in some cases, a declaration from two doctors may be required) proving that he suffers from an illness or symptoms for which therapeutic use of marijuana is allowed.

For which illnesses is it possible to receive permission to use marijuana therapeutically?

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:

What are the criteria for obtaining a licence to produce marijuana?

Only people who regularly reside in Canada and are aged 18 years or older may apply for such a licence. In addition, the applicant must already be authorized to possess marijuana. It is possible to apply for both authorizations at the same time, though. Like the authorization to possess, the applicant must provide a declaration which includes the following:

• Identification (name, age, sex, address, etc.);
  
• The permit number of his authorization to possess dried marijuana (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 on this property);
  
• 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 years of age;
  
• 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 may be stored.

Further information will be requested from applicants. The complete list of questions can be found on the appplication form itself.

What are the criteria for obtaining a licence to produce for another person?

The application for a licence must be made to the Minister by a person who already holds an authorization to possess marijuana for therapeutic purposes.

This application must include a declaration from the applicant, as well as a declaration from the designated person (the person who will produce the plants). Two recent photographs of the designated person must also be included.

The declaration made by the designated person must specify the following:

• The identity of the designated person;
  
• The age of the designated person (must be 18 years or older);
  
• The location of production and storage;
  
• An affirmation that the designated person does not have a criminal record for any drug-related offence for at least 10 years.

If the designated person intends to produce marijuana in a place

• other than the usual residences of either the designated person or the applicant;
  
• which is not owned by either the applicant or the designated person,

the application must also include a declaration by the owner, in which he expresses his agreement that the location can be used to produce marijuana.

It is also necessary to include a document from a Canadian police service which states that the designated person does not have a criminal record for any drug-related offence in the last 10 years.

What are the effects of a licence to produce for another person?

Once obtained, the 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.

Because the licence is linked to an authorization to possess, the rules do not allow a designated person to produce marijuana for more than one person at a time.

The licence is valid for a maximum period 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 Minister’s permission is necessary.

The licence to produce for another person is subject to some restrictions. The place of production must not be close to a school, a daycare, or any other place visited by children and teenagers under 18 years of age. 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.

How can I obtain medicinal marijuana?

There are three ways to obtain marijuana for therapeutic purposes. First, as explained above, the holder of the authorization to possess may grow the marijuana himself (as long as he obtains a licence to produce). Second, the holder of the authorization may apply for a licence to allow another person to grow the marijuana (by obtaining a “Licence to Produce Marihuana by Designated Person”). Third, the holder of the authorization can go to a provider who is licenced by the Minister.

To use this last method, a person who has permission to possess dried marijuana, but doesn’t have permission to produce it himself or by another person, can apply to Health Canada to obtain dried marijuana. He applies by filling out the appropriate form. The form must be accompanied by a sworn declaration specifying that the person cannot produce the marijuana himself and is unable to find someone to grow it for him. The person must also agree to participate in clinical trials, in some cases. The person must acknowledge that marijuana is not an approved medication and that there are potential risks associated with its use.

Bought in this way, the drug is delivered by Health Canada directly to attending physician, in 30-gram packages, at a cost of $5 per gram.

The procedure is similar for obtaining marijuana seeds to grow plants. Obviously, a person must first have a production licence to obtain the seeds.

Who pays for marijuana consumption?

The costs of medicinal marijuana are assumed by the person himself. The cost will not be reimbursed by the Régie d’assurance maladie du Québec.