New federal rules allowing home growing of medical marijuana take effect Aug. 24.

New federal rules allowing home growing of medical marijuana take effect Aug. 24.

New medical pot grow rules draw praise, concern

Feds reopen licensing for home growers after court ruling

The lawyer who successfully overturned the former Conservative government’s ban on the home growing of medical marijuana is praising a move by the federal Liberals to create a new licensing system for doctor-approved patients.

Kirk Tousaw said the new Access to Cannabis for Medical Purposes Regulations, which take effect Aug. 24, appear to be much the same as the old home growing licenses that prevailed until 2014 when the Conservative government tried to outlaw them and force approved patients to buy only from licensed commercial producers.

A Federal Court judge ruled last February that system was unfair to medical marijuana users who wanted to grow their own medicine, or designate someone to do it for them, and gave Ottawa six months to rewrite the rules.

“It looks like it’s essentially identical to the old system,” Tousaw said. “I’m certainly quite pleased and gratified that the current government seems to be much more receptive to the guidance of the courts than the prior Conservative government.”

Patients who are approved under the ACMPR rules will be able to grow five plants per day indoors (or two outdoors) for each daily gram of marijuana they’re authorized to use.

An injunction that exempted the 28,000 previously licensed growers from criminal prosecution remains in effect for now because federal officials admit they don’t have the capacity to issue new licences to all potential current users at once.

Health Canada says it will evaluate how the new system performs in providing reasonable medical access to cannabis, but will also study other potential delivery models, such as via pharmacies.

A statement issued by the federal department emphasizes the new regulations provide an immediate solution to the federal court ruling, but shouldn’t be interpreted as a long-term plan for medical access.

The federal government has named a task force to advise on how it should move next year to legalize and tightly regulate recreational marijuana access.

Big producers concerned

Nearly 70,000 medical marijuana users are receiving pot from the 34 licensed producers.

Those outlets will now be an option for legal access, but not the only one.

The commercial producers will be the only legal source of cannabis seeds or starter plants.

Some representatives of commercial producers of pot reacted with dismay.

But Canopy Growth Corp., owner of producer Tweed Inc., said it intends to offer rent space, genetic stock and supplies in its facilities to customers who would like to grow their own plants, but outside their homes.

The company said it has always supported home growing but called the new rules a policy setback because they do not yet address the problems of diversion to the black market, growing more than the authorized limits and the inability for police to differentiate between legal and illegal pot.

The federal government continues to take the position that cannabis dispensaries, which have proliferated in Vancouver in particular, are illegal storefront suppliers and subject to enforcement.

Tousaw said legal advocates will next be defending dispensaries – which he called the primary access point for most Canadians – following raids in various cities.

He also wants the government to make it easier for more growers to enter the commercial market, even at a small scale.

“It’s almost an art to grow extremely high quality connoisseur-grade cannabis,” Tousaw said. “People should be able to participate. If you can produce it and meet the lab testing requirements for safety and lack of contamination, then the government shouldn’t have any business telling you how you achieve those goals.”

Safety fears persist

Municipalities, meanwhile, continue to be concerned that the proliferation of legal grow-ops in residential areas – with a variety of associated health and safety concerns – will now continue unabated with the reinstatement of home grow licensing.

Surrey Fire Chief Len Garis, whose testimony about the dangers of home growing was largely dismissed by the federal court, said he remains concerned about electrical fire safety risks from amateur rewiring and other hazards such as mould and herbicide contamination.

“We’ve been into almost 2,000 of these places and every one of them had a problem,” Garis said, referring to the City of Surrey’s system of inspecting home grows it identifies, usually from electricity use records.

“Our opinion still stands that it’s not an appropriate medium to be growing anything that involves that amount of humidity and those kinds of alterations to be able to do that.”

Garis said while municipalities will likely be forced to respect federal licensing, they can still apply appropriate safety and zoning regulations to try to minimize impacts either on current or future residents of a home, or other neighbours.

Just Posted

An example of the forest land in the Port Renfrew and Fairy Creek area of Vancouver Island is shown on May 11, 2021. THE CANADIAN PRESS/Jen Osborne
Old-growth logging opponents launch hunger strike as arrests continue at Fairy Creek

Zain Haq says the hunger strikers will gather today at Burrard Street in downtown Vancouver

The City of Victoria is hoping to ring in the summer by celebrating local art and offering some distanced, live music to surprise people in parks, plazas and other public spaces. (Photo courtesy of the City of Victoria)
Live, pop-up concerts and local art being showcased in Victoria this summer

People will see surprise serenades at 16 locations throughout the summer

An example of the forest land in the Port Renfrew and Fairy Creek area of Vancouver Island is shown on May 11, 2021. THE CANADIAN PRESS/Jen Osborne
Old-growth logging opponents launch hunger strike as arrests continue at Fairy Creek

Zain Haq says the hunger strikers will gather today at Burrard Street in downtown Vancouver

Jada Benwell and Connor Larkey are the valedictorians of the 2021 graduating class at Parkland Secondary School. (Wolf Depner/News Staff)
Pandemic taught lessons in perseverance for North Saanich high schoolers

Parkland Secondary School to release 2021 grad ceremony video on June 25

The 14th annual Oak Bay Young Exceptional Star (YES) awards June 3. (Christine van Reeuwyk/News Staff)
Oak Bay celebrates its Young Exceptional Stars with outdoor award ceremony

Nine young people recognized in 14th annual awards

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read