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e-factsheet - Ontario College of Pharmacists

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8<br />

Marijuana Medical<br />

Access Regulations<br />

Greg Ujiye, B.Sc.Phm., Manager, Pharmacy Practice Programs<br />

The Marijuana Medical Access Regulations<br />

(Regulations) came into effect on July 30, 2001<br />

as an amendment to the Narcotic Control<br />

Regulations. The Regulations provide seriously ill<br />

Canadian patients access to marijuana (at the same<br />

time that it is being researched as a possible medicine)<br />

by defining the circumstances and the manner in<br />

which access for medical purposes will be permitted.<br />

The Regulations contain two main components:<br />

“authorization to possess” and “licences to produce”.<br />

The authorization to possess, and licence to produce<br />

marijuana for medical purposes will be granted under<br />

the following three categories:<br />

Category 1:<br />

Patients who have terminal illnesses with a prognosis<br />

<strong>of</strong> death in 12 months or less.<br />

Category 2:<br />

Patients who suffer from specific symptoms associated<br />

with some serious medical conditions. Symptoms are<br />

part <strong>of</strong> a schedule to the Regulations. See table:<br />

Medical Condition Symptom(s)<br />

Cancer, AIDS, HIV infection Severe nausea<br />

Cancer, AIDS, HIV infection Cachexia, anorexia,<br />

weight loss<br />

Multiple Sclerosis, spinal cord injury Persistent muscle spasms<br />

or disease<br />

Epilepsy Seizures<br />

Cancer, AIDS, HIV infection, Severe pain<br />

Multiple Sclerosis, spinal cord injury<br />

or disease, severe forms <strong>of</strong> arthritis<br />

Category 3:<br />

Symptoms associated with medical conditions other<br />

than those in categories 1 and 2. Specific statements<br />

from two medical specialists are required to support an<br />

application in this category.<br />

Authorization to Possess<br />

Authorization to possess marijuana for medical purposes<br />

will be issued by Health Canada. The requirements for<br />

Pharmacy Connection September·October 2001<br />

the authorization will be dependent on the category<br />

for use.<br />

All applications will have to be submitted by a<br />

medical practitioner on behalf <strong>of</strong> the patient.<br />

Depending on the category, supporting documentation<br />

from other medical specialists may be required.<br />

A list <strong>of</strong> therapies tried or considered will have to be<br />

submitted with the reasons why they were found to<br />

be medically inappropriate.<br />

An authorization to possess marijuana for medical<br />

purposes will specify a maximum quantity <strong>of</strong> marijuana<br />

equivalent to a 30-day treatment supply. Additional<br />

requirements will be imposed when proposed dosage<br />

exceeds a quantity <strong>of</strong> 5 gm/day.<br />

Licence to Produce<br />

Licences to produce will be issued by Health Canada<br />

to either the patient or a representative designated by<br />

the patient. A patient may also be permitted to produce<br />

for his or her own personal use. The licence also allows<br />

for storage and transportation <strong>of</strong> marijuana to the<br />

patient. A criminal record check is required for anyone<br />

designated by the licence to produce marijuana.<br />

A representative cannot be designated by more than<br />

one patient, however a site can be used for the<br />

production <strong>of</strong> marijuana under a maximum <strong>of</strong> three<br />

separate licences.<br />

A licence also authorizes the maximum number <strong>of</strong><br />

plants that can be produced and this is dependent<br />

upon the patient’s daily dosage as defined by the physician.<br />

The protection from loss or theft <strong>of</strong> the plants or<br />

dried marijuana will be the responsibility <strong>of</strong> the holder<br />

<strong>of</strong> the licence.<br />

Impact on Pharmacy<br />

Community and hospital pharmacists are not<br />

directly affected as the regulations currently address<br />

personal possession and production <strong>of</strong> marijuana<br />

only. Medical practitioners are most affected due<br />

to the requirement that their authorization must be<br />

obtained on applications.<br />

Continued on page 30

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