2 Sep 2019

Allard et al v. Canada FCTD T-2030-13 and FCA A-174-2014

A. Status of Trial preparation and developments and interlocutory/interim Appeal and Cross Appeal Updates:

August 2016

The Federal government announced today what they plan to do, at least on an interim basis to meet the August 24, 2016 deadline, with respect to the new medical marihuana regulations, the ACMPR (Access to Cannabis for Medical Purposes Regulations), but have yet to provide us with the actual regulations, and it is therefore difficult to be sure about the details of announcements until we see ultimate final format in regulations.

Clearly this announcement takes place at a time when the same government is said that they are going to “legalize” access to cannabis and have appointed a Task Force to determine how to do it right. That Task Force mandate includes a consideration of the medical marihuana situation and they are expected to report in November. Legalization is supposed to start in the spring of 2017. Consequently, further changes can be expected.

It is therefore important for all medical patients to make their positions known to the Task Force to ensure that the particular requirements of medical patients are met and are not subsumed and lost as they had been in our neighboring Washington State USA.

Generally, the announcements appear to be a very good response to meet the minimum requirements of the Allard case allowing for the creation of regulations that will continue to enable patients and designated grower or caregivers to continue to produce for themselves or as I understand it, for up to 2 people, and there can be 4 production licenses at one site. The announcement indicates that a 1 g dosage equates to either 5 indoor plants or 2 outdoors or a partial in and out situation and that is similar to the prior formula under the MMAR, but it is not completely clear.

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