News Release

2003-96
December 8, 2003
For immediate release

Government of Canada to ensure reasonable access to a legal source of marihuana for medical purposes

OTTAWA - The Honourable Anne McLellan, Minister of Health, today announced that the Government of Canada has amended the Marihuana Medical Access Regulations (MMAR) to provide for reasonable access to a legal source of marihuana for medical purposes.

"The Government of Canada is committed to its program on marihuana for medical purposes," said Minister McLellan. "The amendments announced today will ensure that Canadians who suffer from serious medical conditions for whom conventional therapies have not been successful will have reasonable access to a legal source of marihuana."

The amendments to the MMAR are in response to the October 2003 Ontario Court of Appeal decision in Hitzig et al. v. Her Majesty the Queen. The new amendments announced today implement on a national basis certain aspects of the Court's remedy. The requirements for a second specialist to support the application of some patients and the prohibition against Designated-person Production License holders being compensated for their production activities, have been removed.

In addition, the amendments ensure reasonable access to a legal source of marihuana by entrenching into the Regulations the Government of Canada's commitment to continue to supply dried marihuana to authorized individuals and by easing some of the requirements on designated growers. However, the limitations on production of marihuana by designated growers have been maintained: Designated-person Production License holders can grow for only one holder of an Authorization to Possess; and, not more than three holders of licenses to produce can cultivate together. It was necessary to maintain these limitations to minimize the risk of diversion and to allow Canada to continue to meet its international obligations.

While the Court imposed a remedy to address the constitutional shortcomings it had identified in its decision, the Court clearly stated the Government of Canada could adopt an alternate remedy to address the issue of reasonable access to a legal source of marihuana for medical purposes. The Government of Canada believes its actions are consistent with the principles set out in the Court's decision, ensuring the constitutionality of the MMAR. Details will be available when the regulations are published in Canada Gazette, Part II on December 17, 2003.

The Government of Canada is committed to a broad review of the Marihuana Medical Access Regulations to address other concerns expressed by stakeholders, patients, physicians, pharmacists, and law enforcement officials. The Government has initiated consultations with stakeholders, and will continue discussions with the goal of making further amendments in 2004.

-30-

Media Inquiries:
Catherine Saunders
Health Canada
(613) 946-4250

Public Inquiries:
(613) 957-2991